PECULIARITIES OF SYNDICATED LOAN CONTRACT

Abstract

In the present article the author brings to attention the reader the scientific and practical comment to recently adopted Federal law of December 31, 2017 No. 486-FZ «About a syndicated loan (loan) and about introduction of amendments to separate acts of the Russian Federation». Besides, the author expresses opinion on the legal nature of the contract of a syndicated loan. According to the author, it is admissible to draw several conclusions on the legal nature of the contract of a syndicated loan. The situation when the document having the name «Contract of a Syndicated Loan» or a loan includes contents of all contracts named in Federal the law of December 31, 2017 No. 486-FZ is possible. Then the considered contract should be considered not mixed, and conglomerated. All contracts included in its structure could be signed without prejudice to their contents in the form of separate documents in which, however, references to other contracts mediating the syndicated crediting are expedient. Signing of the contract of a syndicated loan (loan) as frame contract (Art. 429.1 of the Civil Code of the Russian Federation) in which only the general conditions of future contracts which are supposed to be concluded in the future have to be coordinated is admissible. Unlike the previous case in such contract not all essential conditions of future contracts but only some of them will be coordinated. Signing of the contract on the organization of the credit is admissible as there is nobody the agency contract according to which the organizer of the credit undertakes to prepare the project and in the subsequent to sign the contract of a syndicated loan (loan). The last, in turn, can be qualified as frame or conglomerated depending on his contents. In the case under consideration the contract on the organization of the credit can’t be included in number of contracts which have to be signed within the contract of a syndicated loan (loan), and has to precede him. The contract of a syndicated loan (loan) can be formulated partially as the frame contract which assumes the conclusion of some contracts in the future, and partially - as conglomerated as he will include a part from the contracts stated above in full. And, at last, contracts of a syndicated loan (loan) which unite the signs of contracts described above are possible.