Loan in Bad Faith / Mala Fide
Marc René Deschenaux
Market Street Capital, Inc USA Chief Legal Officer & Managing Director Europe &, Founder of Deschenaux Barber & Partners, LLP , IPO Institute Inc., IPO Conference Inc., IPO Show Producer & Movie Producer
A loan in bad faith refers to a situation where a lender provides a loan to a borrower knowing that the borrower is unlikely to be able to repay the loan, or where the lender does not fully disclose the terms and conditions of the loan. In such cases, the lender may be taking advantage of the borrower's vulnerable financial situation or lack of knowledge.
In such cases, the lender may be taking advantage of the borrower's vulnerable financial situation or lack of knowledge.
A loan in bad faith also refers to a situation where a borrower obtains a loan from a lender by providing him false information or by hiding true information, or where the borrower does not fully disclose the precarity of his situation.
In such cases, the borrower may be taking advantage of the lender's lack of knowledge.
Loans in bad faith are illegal and can result in legal consequences for the party in bad faith.
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No Debt Service
It is common for people to ask for a loan to a company that never produced any income or to themselves when they are unemployed.
Not only since Basel IV new rules, banks can no longer issue a loan without ensuring that the debtor has more than reasonable expectations to service the debt, but some jurisdictions consider such loan as loan in bad faith and simply cancel the debtor's obligation of reimbursement to the creditor, when said creditor lent without properly controlling and ascertaining the debt service.
Basel IV is the latest set of international banking regulations proposed by the Basel Committee on Banking Supervision, which is part of the Bank for International Settlements (BIS). It was designed to strengthen the global banking system and improve its ability to withstand financial shocks.
Basel IV builds on the earlier Basel Accords, including Basel I, II, and III, which were designed to establish minimum standards for banks' capital adequacy, liquidity, and risk management. However, Basel IV goes further than its predecessors, introducing new requirements and more stringent rules for how banks must calculate their risk-weighted assets and maintain capital buffers.
Overall, Basel IV is intended to improve the resilience of the banking system and ensure that banks are better able to withstand economic and financial shocks. However, the new regulations are also expected to increase the capital requirements for banks, which could have implications for lending and profitability.