Briefing note on winding-up of JSC Bank «Demark»by the DGF
Full name of the bank being liquidated | Public Joint Stock Company «Bank «Demark» |
Short name of the bank being liquidated | JSC Bank «Demark» |
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank | NBU Board’s Resolution dated September 25, 2014 # 600 on Classification of Public Joint Stock Company «Bank «Demark» 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 September 26, 2014 # 102 on Introducing Provisional Administration in JSC Bank «Demark». |
Duration of provisional administration | From September 29, 2014 through January 29, 2015, JSC Bank «Demark» was under provisional administration. The DGF carried out the provisional administration through the authorized officer. |
NBU resolution on liquidation | On January 30, 2015, the NBU Board approved Resolution # 66 on Revocation of the Banking License and Liquidation of Public Joint Stock Company «Bank «Demark». |
DGF Executive Directorate’s decision on commencement of the liquidation procedure | On January 30, 2015, the DGF Executive Directorate issued Decision # 18 on Commencement of the Liquidation Procedure of JSC Bank «Demark» and Appointment of the DGF Officer Authorized to Liquidate the Bank. 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 January 30, 2015, the DGF initiated the liquidation procedure of JSC Bank «Demark», appointed the DGF authorized officer and delegated to the officer the powers of JSC Bank «Demark» liquidator. |
Date when the bank liquidation was announced | On February 6, 2015, the official announcement of JSC Bank «Demark» liquidation was published in the Holos Ukrainy newspaper. |
Deposit payout period | From November 18, 2014 to January 10, 2020. |
Liquidation procedure period | Liquidation procedure of JSC Bank «Demark» lasted from January 30, 2015 to January 23, 2020. |
Date of making an entry into the Unified State Register of Legal Entities and record number | On January 23, 2020, record #10641110033001921 on the state registration of JSC Bank «Demark» termination was entered into the Unified State Register of Legal Entities, Sole Proprietors and Public Associations. |
Special powers of DGF in terms of recovering damages (loses) 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). |