Constitutional Court Rules on Deposits in Three Closed Banks

Baku / 11.08.20 / Turan: The Constitutional Court chaired by Farhad Abdullayev made a decision on depositors in three closed banks - Atabank, NBC, and AGBank.

We would like to remind that some depositors in the above-mentioned banks faced a problem in obtaining compensation. It turned out that at different times four banks were prohibited from accepting deposits from the population. Despite this, the process of accepting deposits continued and, as a result, the deposits of some citizens, due to reasons beyond their control, were uninsured.

The Central Bank reminded that the same situation was in the case of Demirbank and at that time the Constitutional Court made a decision in favor of depositors. Based on this decision, the Central Bank and the Deposit Insurance Fund applied to the Constitutional Court for a new decision on the four banks.

The court's decision states that the bank deposit agreement is considered concluded from the moment the depositor transfers the deposit to the bank and should be accepted as a preliminary (main) agreement. The date of migration of the deposit into the system cannot be considered the moment of the conclusion of the deposit agreement.

In addition, according to the court's decision, the deposit agreement should be recognized from the moment the client provides his funds to the bank.     –71D-