Consideration Regarding The Legal Capacity Of The Assignees Of The Bank Credit Agreement

Any proffesional lending activity, outside the special legal authorization, is prohibited, in this category af activities being also included the acquisition of loan porfolios. Credit granted to a person keeps the legal frame and features only if a bank or nonbanking financial institution is part of the credit agreement, facing, from this perspective, a legal monopoly, the need to regulate lending itself being obvious for stability financial system. To circumvent prudential regulations, banks practice the assignment of debts, assignee being a company established as having the majority shareholder (or sole) shareholder the bank-assignor. This situation, in the absence of the express authorization of the National Bank of Romania, makes the assignment contract violate the conditions of specialized use ability. In these conditions, the operation itself, done by fraud law, is void. The aims of the presented study bring to the conclusion that only the companies which are authorized by the National Bank to run credit operation have the judicial capacity to take over, by assignment, banking credits, any other solution being equivalent to recognize the right of each entity (why not of any individual) to develop credit operations specific to banks, in any conditions, by establishing any kind of accessories.