ЦБ позволяет микрокредиторам брать имена банков

ЦБ позволяет микрокредиторам брать имена банков

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Виктор Коротаев /
Коммерсантъ

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Банк России продолжает вносить в реестр микрофинансовых организаций игроков, использующих названия известных банков. В нем уже есть структуры с именами ВТБ, Альфа-банка, ХКФ-банка и других, некоторые из них — с регистрацией от 2016 года. Наличие подобных игроков в реестре несет репутационные риски как для банков, чьи бренды копируют, и вводит в заблуждение заемщиков. Однако активных действий против дублирования участники рынка не предпринимают.

Несмотря на данное Банком России два года назад обещание (см. «Ъ» от 14 октября 2015 года) внедрить жесткие правила по несогласованному использованию известных брендов МФО, в реестр ЦБ продолжают прибывать МФО, использующие наименования банков. Так, «Ъ» удалось обнаружить «ВТБ займ», сайт которого оформлен в традиционном для банка синем цвете со схожим логотипом. Созвучные МФО есть у банка «Хоум Кредит»: «Хоум займ» на сайте копирует фирменный стиль банка и слоган, «Хоум Кэпитал» использует похожий логотип. Микрофинансовые «родственники» обнаружились и у Альфа-банка, Абсолют-банка, банка «Югра» и т. д. Даты внесения в реестр разные — есть регистрации от 2013 года, а есть и совсем свежие. Например, «ВТБ займ» попал в реестр в 2016 году. В ВТБ, Альфа-банке, Абсолют-банке, банках «Югра» и «Хоум Кредит» сообщили, что компании из реестра МФО не имеют к ним ни малейшего отношения.

Как следует из ответа ЦБ, подобные компании должны отсеиваться регулятором в момент внесения их в реестр. При этом Банк России осуществляет проверку соответствия наименования юридического лица установленным законом требованиям. Как пояснили в пресс-службе ЦБ, «закон запрещает использование наименования, совпадающего или сходного до степени смешения с наименованиями других финансовых организаций, сведения о которых были внесены в ЕГРЮЛ ранее государственной регистрации заявителя».

Данный запрет не распространяется на МФО, использующие наименования аффилированных с ними микрофинансовых или иных финансовых организаций, уточнили в пресс-службе ЦБ. В случае несоответствия заявителя установленным требованиям к наименованию Банк России отказывает во внесении сведений о нем в реестр. Однако на вопрос «Ъ», каким образом игроки, использующие чужие бренды и не связанные с банками, оказались в реестре и как регулятор намерен с ними бороться, в ЦБ не ответили.

Участники рынка МФО отмечают, что копирующие другие бренды компании несут репутационные риски для всего рынка. «Изначально понятно, что подобные компании не собираются вести честный бизнес, следовательно, в их случае вероятность недобросовестных действий высока»,— указывает исполнительный директор МФО «Домашние деньги» Андрей Бахвалов. Есть риски и для банка, чей бренд используется, причем даже в ситуации, когда компания работает в совсем небольшом населенном пункте. «Любой дубль несет риски ущерба репутации»,— отмечает зампред правления Абсолют-банка Татьяна Ушкова.

Эксперты считают, что за чистотой рынка должны следить и саморегулируемые организации, чьими членами являются подобные компании. «Сами игроки должны вычищать рынок, в этом и есть суть саморегулирования»,— отмечает независимый член совета СРО МиР Александр Арифов. Однако банки также не должны находиться в стороне. «Полагаю, именно банки должны судиться с подобными игроками»,— говорит глава Международной конфедерации обществ потребителей Дмитрий Янин. Как поясняет управляющий партнер «Ренессанс-LEX» Георгий Хурошвили, «во всех крупных компаниях есть специалисты, которые отслеживают использование товарных знаков и брендов, и потому не заметить игроков с аналогичным названием они не могли».

Впрочем, ни один из названных выше банков не сообщил «Ъ», каким образом собирается бороться с недобросовестными МФО. По словам собеседника «Ъ» в одном из банков, обычно банковские юристы в подобных случаях проявляют активность лишь при наличии жалоб со стороны клиентов. Вместе с тем, как отмечает гендиректор юридической компании «Зуйков и партнеры» Сергей Зуйков, «для того чтобы подать иск в суд, банку не нужны претензии клиентов». Действительно, критерии схожести и идентичности брендов определяются по правилам, устанавливаемым Роспатентом. Однако, по словам господина Зуйкова, «для суда не так важно, есть ли стопроцентное сходство или нет, важно, может ли потребитель ошибиться и спутать».

Источник: kommersant.ru

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