JSC CB «ZEMELNY CAPITAL»

Briefing note on winding-up of JSC CB «ZEMELNY CAPITAL» by the DGF

Full name of the bank being liquidated	JOINT STOCK COMPANY COMMERCIAL BANK «ZEMELNY CAPITAL»
Short name of the bank being liquidated	JSC CB «ZEMELNY CAPITAL»
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank	NBU Board’s Resolution dated August 11, 2021 # 400-рш/БТ on Classification of JOINT STOCK COMPANY COMMERCIAL BANK «ZEMELNY CAPITAL» 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 August 11, 2021 # 811 on Introducing Provisional Administration in JSC CB «ZEMELNY CAPITAL» and Delegation of Powers of the Bank Provisional Administrator.
Duration of provisional administration	From August 12, 2021 through September 9, 2021, JSC CB «ZEMELNY CAPITAL» 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 JSC CB «ZEMELNY CAPITAL»’s depositors commenced on September 8, 2021.
NBU resolution on liquidation	On September 9, 2021, the NBU Board approved Resolution # 469-рш on Revocation of the Banking License and Liquidation of JOINT STOCK COMPANY COMMERCIAL BANK «ZEMELNY CAPITAL»
DGF Executive Directorate’s decision on commencement of the liquidation procedure	On September 9, 2021, the DGF Executive Directorate issued Decision # 907 on Commencement of Liquidation Procedure of JSC CB «ZEMELNY CAPITAL» 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 September 10, 2021, the DGF initiated the liquidation procedure of JSC CB «ZEMELNY CAPITAL», appointed the DGF authorized officer and delegated to him the powers of JSC CB «ZEMELNY CAPITAL» liquidator.
Date when the bank liquidation was announced	On September 15, 2021, the official announcement of JSC CB «ZEMELNY CAPITAL» liquidation was published in the Holos Ukrainy newspaper.
Liquidator of JSC CB «ZEMELNY CAPITAL»	The DGF through the authorized officer under the Law.
Authorized officer	Sergii S. Mikhno, Lead Asset Management and Bank Liquidation Specialist of the Bank Liquidation Procedures Division, DGF Bank Liquidation Department.
Powers of the liquidator	Powers of the liquidator defined by the Law, particularly, by Articles 37, 38, 47-52, 521, 53, provide that the liquidator shall enjoy the right to sign any agreements related to the sales of the bank’s assets in the manner prescribed by this Law, except for the powers to organize the asset sales for the bank in liquidation.
Special powers of the 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).