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2016/02/09 15:03:37

Information for creditors of the liquidated bank (revocation of license)

The credit institution from which the license for banking operations is revoked should be liquidated on the basis of the decision of arbitration court on its involuntary liquidation or on recognition by her bankrupt and opening of bankruptcy proceedings. Payment under requirements of investors and other creditors can be performed during involuntary liquidation or at liquidation as bankruptcy proceedings by the liquidator appointed by arbitration court or the receiver.

After revocation of license on banking operations the realization of powers of executive bodies of credit institution is enabled by the temporary administration appointed by the Bank of Russia.

For the purpose of providing credit institution to creditors from which the license for banking operations is revoked information on a possibility of presentation of the requirements the temporary administration performs the publication in the Kommersant newspaper, "Bulletin of the Bank of Russia" and the periodic printing edition in the location of credit institution of the declaration containing data on credit institution (the name and other details), the address of credit institution, data on temporary administration. The specified information is also placed in Representative office of the Bank of Russia on the Internet to the address http://www.cbr.ru (further - Representative office of the Bank of Russia on the Internet) on the homepage "Information on credit institutions", in the section "Liquidation of credit institutions", in the subsection "Declarations of Temporary Administrations".

At presentation of the requirement the creditor is obliged to specify along with a being of the qualifying standard of data on himself, including a surname, a name, a middle name, date of birth, details of the document proving his identity, the postal address for the direction of correspondence (for the individual), the name, the location (for the legal entity) and also bank account details (accounts of a deposit for individuals), opened addressed to the creditor in one of credit institutions (at his existence) on which money within settlings with creditors can be transferred during bankruptcy proceedings (involuntary liquidation) and attach the documents proving the specified requirement. Bank deposit agreements for individuals and bank account agreements, judgments on collecting from credit institution of a debt and others can be such documents.

The temporary administration considers the imposed requirement and based on consideration no later than 30 working days from the date of obtaining this requirement enters it in the register of requirements of creditors at justification of the imposed requirement. In the same time the temporary administration notifies the relevant lender on inclusion of its requirement in the register of requirements of creditors, or on failure in such inclusion in the specified register, or on inclusion in the specified register of the requirement in incomplete volume (by mail or other method providing such notification). In case of entering of the requirement of the creditor into the register of requirements of creditors data on the size and structure of its requirement to the debtor and also on a priority of his satisfaction are specified in the adequate notice sent to the creditor.

The requirements of creditors received by temporary administration without instruction the creditor on a being of qualifying standards, applications of their supporting documents, the information about the creditor return to the applicant (by mail or other method providing return of documents).

After adoption by arbitration court of the decision on recognition of credit institution by the bankrupt and about opening of bankruptcy proceedings (the statement of the receiver) or entries into force of the decision of arbitration court on involuntary liquidation of credit institution and appointment of the liquidator the register of requirements of creditors of credit institution made by temporary administration and also the requirements of creditors imposed to credit institution during activity in it on temporary administration, but not considered by temporary administration on the date of the expiration of its powers are transferred to the receiver (liquidator).

Requirement of the creditor imposed on credit institution during activity in it temporary administration is considered set in the amount of, structure and a priority of satisfaction which are defined by temporary administration if within 60 working days from the date of publication of the message about recognition of credit institution by the bankrupt and about opening of bankruptcy proceedings (involuntary liquidation of credit institution) the receiver (liquidator) does not send to the creditor the notification on a complete or partial elimination of the specified requirement from the register of requirements of creditors. Objections according to contents of this notification can be declared by the creditor in arbitration court.

The declaration of the receiver (liquidator) containing data on the decision of arbitration court on recognition of credit institution by the bankrupt and on opening of bankruptcy proceedings (about involuntary liquidation of credit institution), is subject to publication in the Kommersant newspaper, "Bulletin of the Bank of Russia" and in the periodic printing edition in the location of credit institution.

This declaration contains data on recognition of credit institution by the bankrupt and on opening of bankruptcy proceedings (about making decision on involuntary liquidation of credit institution):

  • the name and other details of credit institution, the declared bankrupt (on whom the decision on involuntary liquidation is made);
  • the name of arbitration court in which production there is a case of bankruptcy (about involuntary liquidation), and the file number;
  • day of adoption by arbitration court of the decision on recognition of credit institution by the bankrupt and about opening of bankruptcy proceedings (about involuntary liquidation of credit institution);
  • closing day of the register of requirements of creditors (the term after which the register of requirements of creditors is considered closed cannot be less than 60 days from the date of publication of the first message about recognition of credit institution by the bankrupt and opening of bankruptcy proceedings or about making decision on involuntary liquidation of credit institution);
  • the day of the expiration of establishment of requirements of creditors of the first stage for the purposes of preliminary payments defined according to point 3 of Article 189 of the Federal law "About Insolvency (Bankruptcy)";
  • the address of credit institution for presentation by creditors of the requirements to credit institution;
  • information about the receiver (liquidator), the including name and the address of the receiver (liquidator) for the direction to him correspondence.

The specified information is also placed in Representative office of the Bank of Russia on the Internet on the homepage "Information on credit institutions", in the section "Liquidation of credit institutions", in the subsection "Declarations of Receivers (Liquidators)".

The creditor, whose requirement was not imposed on temporary administration, directs the requirement to the receiver (liquidator) to the postal address specified in the declaration with the application of the authentic documents or their properly verified copies confirming justification of these requirements or hands the requirement for the location of the receiver (liquidator). At presentation of requirements the creditor is obliged to specify along with a being of qualifying standards of data on himself, including a surname, a name, a middle name, date of birth, details of the identity document, the postal address for the direction of correspondence (for the individual), the name, the location (for the legal entity) and also bank account details (accounts of a deposit for individuals), opened addressed to the creditor in one of credit institutions (at his existence) on which money within settlings with creditors can be transferred during bankruptcy proceedings (involuntary liquidation) and attach the documents proving the specified requirement.

Creditors, whose requirements were set on the basis of copies of documents, for receiving money during settlings with creditors are obliged to provide to the receiver (liquidator) their originals as according to point 1 of Article 189 of the Federal law "About Insolvency (Bankruptcy)" settlings with creditors on meeting requirements, the requirements of creditors included in the register on the basis of copies of documents, are performed only at presentation of the authentic documents confirming justification of these requirements.

During involuntary liquidation or at liquidation as bankruptcy proceedings calculations with creditors are made on the stated and set requirements of creditors.

The satisfaction of the set requirements of creditors is performed according to a priority, the stipulated in Clause 134 Federal laws "About Insolvency (Bankruptcy)", taking into account features, the stipulated in Clause 189 Federal laws "About Insolvency (Bankruptcy)".