Briefing note on winding-up of DIAMANTBANK РJSC by the DGF
Full name of the bank being liquidated | PUBLIC JOINT STOCK COMPANY «DIAMANTBANK» |
Short name of the bank being liquidated | DIAMANTBANK PJSC |
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank | NBU Board’s Resolution dated April 24, 2017 # 264-рш/БТ on Classification of PUBLIC JOINT STOCK COMPANY «DIAMANTBANK» 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 April 24, 2017 # 1684 on Introducing Provisional Administration in DIAMANTBANK PJSC. |
Duration of provisional administration | From 5 p.m. of April 24, 2017 through May 23, 2017, DIAMANTBANK PJSC was under provisional administration. The DGF carried out the provisional administration through the authorized officer. |
The manner in which insolvent DIAMANTBANK PJSC was withdrawn from the market | On June 23, 2017, the DGF signed an agreement on the transfer of part of the assets and liabilities of insolvent DIAMANTBANK PJSC in favor of the assuming bank – TASCOMBANK JSC. According to the agreement, TASCOMBANK JSC acquired all the debtor’s rights and obligations of insolvent DIAMANTBANK PJSC to the depositors (individuals, including sole proprietors) in terms of recovery of funds and payment of interest under bank account/deposit agreements (including registered certificates of savings) up to UAH 200,000. |
NBU resolution on liquidation | On June 22, 2017, the NBU Board approved Resolution # 394-рш on Revocation of the Banking License and Liquidation of PUBLIC JOINT STOCK COMPANY «DIAMANTBANK». |
DGF Executive Directorate’s decision on commencement of the liquidation procedure | On June 23, 2017, the DGF Executive Directorate issued Decision # 2663 on Commencement of the Liquidation Procedure of DIAMANTBANK PJSC 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 June 24, 2017, the DGF initiated the liquidation procedure of DIAMANTBANK PJSC, appointed the DGF authorized officer and delegated to the officer the powers of DIAMANTBANK PJSC liquidator. |
On June 30, 2017, the official announcement of DIAMANTBANK PJSC liquidation was published in the Holos Ukrainy newspaper. | |
Liquidator of DIAMANTBANK PJSC | From May 5, 2023, the powers of DIAMANTBANK PJSC 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. |
Deposit payout period | From May 24, 2017 to February 6, 2023. |
Liquidation procedure period | Liquidation procedure of DIAMANTBANK PJSC lasted from June 24, 2017 to February 6, 2023. |
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). |