Is the introduction of super-debtors the responsibility of the Ministry of Economy or the Central Bank?
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The Central Bank has announced that if the banks cooperate, the list of super-debtors will be completed by mid-May 1401. Mr. Nezafatian, Secretary of the Legal Commission of Banks and Credit Institutions, has answered the following questions in this regard:
What is the most important achievement of publishing the list of bank super-debtors?
Mr. Nezafetian: Public disclosure of bank debtors ‘names can be viewed from three perspectives: political, legal, and legal, and the collection of banks’ overdue receivables.
Usually in the field of political competition, the desire or desire of the people to know the banking information of the large facilities of the country’s banking network and to know their performance in using or abusing the financial and credit facilities of this network is abundant. Banking information is often the subject of controversy among various political groups or individuals and has no positive effect on the collection of banks’ overdue receivables from these super-bank debtors; But it may sensitize regulators to the performance of banks and their impact on public opinion.
From a legal point of view, can banks publish accurate information about their super-bank debtors?
Mr. Nezafetian: Bank information of bank customers, including those who have received micro or macro facilities, is considered private information of banks and the public, and their public disclosure without permission, even by order of the executive, is not only not allowed, but may be prosecuted.
Banks are not allowed by law to publish their customers’ financial information except by order or ruling of the relevant judicial authorities or at the request of the relevant customer; However, the Islamic Consultative Assembly has approved special provisions in this regard in the 1401 Program and Budget Law.
According to the resolution cited by the Central Bank, the publication of the balance of facilities and large liabilities of various persons is subject to the approval of the by-laws or its instructions by the Monetary and Credit Council; Also, the information in question should be published only by the Central Bank and its system, and banks are not allowed to publish the names of their customers and their financial information at their own discretion.
Does the publication of these names have an effect on the collection process of banks’ claims?
Mr. Nezafetian: The publication of the names of large borrowers should be done with the aim of returning influential people from obtaining large liabilities, facilities and credits from the country’s banking network. Dissemination of this information should expedite the collection of overdue claims of banks from such persons; Otherwise, based on the experiences of the last few years, it will not affect the receipt and repayment of these claims.
Mr. Mahboub Sadeghi, director of the Central Bank’s Banking Information Department, said: “The law allows the disclosure of individuals’ names, and after this collection of receivables, it will be easier.” All public, private and private banks covered by this plan will have their information collected. Next week, we will publish the initial report on the release of bank debtors for all banks.