Briefing note on winding-up of BANK BOHUSLAV, JSC by the DGF
Full name of the bank being liquidated | PUBLIC JOINT STOCK COMPANY «BANK BOHUSLAV» |
Short name of the bank being liquidated | BANK BOHUSLAV, JSC |
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank | NBU Board Resolution dated November 6, 2017 # 708-рш/БТ on Classification of PUBLIC JOINT STOCK COMPANY «BANK BOHUSLAV» to the Category of Insolvent. |
Decision of the Deposit Guarantee Fund’s (hereinafter – the DGF) Executive Directorate introducing provisional administration in the bank | The DGF Executive Directorate issued Decision dated November 6, 2017 # 4928 on Introducing Provisional Administration in BANK BOHUSLAV, JSC and Delegation of Powers of the Provisional Administrator. |
Duration of provisional administration | From 1 p.m. of November 6, 2017 through November 30, 2017, BANK BOHUSLAV, JSC was under provisional administration. The DGF carried out the provisional administration through the authorized officer. |
Date when the deposit payout commenced | Payment of the guaranteed amount to the BANK BOHUSLAV, JSC’s depositors commenced on December 1, 2017. |
NBU resolution on liquidation | On November 30, 2017, the NBU Board approved Resolution # 774-рш on Revocation of the Banking License and Liquidation of the PUBLIC JOINT STOCK COMPANY «BANK BOHUSLAV». |
DGF Executive Directorate’s decision on commencement of the liquidation procedure | On December 1, 2017, the DGF Executive Directorate issued Decision # 5267 on Commencement of Liquidation Procedure of BANK BOHUSLAV, JSC and Delegation of Powers of the Bank Liquidator. In accordance with Subparagraph 1 of Part 2 of Article 46 of the Law of Ukraine on the Household Deposit Guarantee Scheme (hereinafter – the Law), from the starting day of the bank liquidation procedure terminated shall be all the powers of the bank governance bodies (general meeting, supervisory board and management board) and bodies of control (audit committee and internal audit). Senior managers of the bank are dismissed in connection with the bank liquidation. |
Starting day of the bank liquidation | On December 1, 2017, the DGF initiated the liquidation procedure of BANK BOHUSLAV, JSC, appointed the DGF authorized officer and delegated to the officer the powers of the BANK BOHUSLAV, JSC liquidator. |
Date when the bank liquidation was announced | On December 6, 2017, the official announcement of BANK BOHUSLAV, JSC liquidation was published in the Holos Ukrainy newspaper. |
Liquidator of the BANK BOHUSLAV, JSC | From October 29, 2020, the powers of BANK BOHUSLAV, JSC liquidator defined by the Law are exercised directly by the DGF. |
Powers of the liquidator | All powers of the bank liquidator defined by the Law. |
Special powers of the DGF in terms of recovering damages (losses) caused to the bank and/or its creditors | According to Part 7 of Article 52 of the Law, the DGF enjoys the right to apply to courts of an appropriate jurisdiction (including foreign courts) with a lawsuit seeking damages (losses) caused to the bank in case of: - finding the decisions, actions or omissions resulted in damages (losses) to the bank and/or its creditors; - identifying the persons who contributed to such decisions-making, actions or omissions and/or received pecuniary benefits; - determining the amount of damages (losses) suffered. DGF enjoys the right to file such lawsuits with the courts of an appropriate jurisdiction (including foreign courts) during the bank liquidation procedure and three years after making the bank termination record (special statute of limitations). |