Briefing note on winding-up of the JSC “IMEXBANK” by the DGF
Full name of the bank being liquidated | PUBLIC JOINT STOCK COMPANY “IMEXBANK” |
Short name of the bank being liquidated | JSC “IMEXBANK” |
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank | NBU Board Resolution dated January 26, 2015 # 50 on Classification of the PUBLIC JOINT STOCK COMPANY “IMEXBANK” 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 January 26, 2015 # 16 on Introducing Provisional Administration in the JSC “IMEXBANK”. |
Duration of provisional administration | January 27, 2015 through May 26, 2015, the JSC “IMEXBANK” was under provisional administration. The DGF carried out the provisional administration through the authorized officer. |
NBU resolution on liquidation | On May 21, 2015, the NBU Board approved Resolution # 330 on Revocation of the Banking License and Liquidation of the PUBLIC JOINT STOCK COMPANY “IMEXBANK”. |
DGF Executive Directorate’s decision on commencement of the liquidation procedure | On May 27, 2015, the DGF Executive Directorate issued Decision # 105 on Commencement of Liquidation Procedure of the JSC “IMEXBANK” and Appointment 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 May 27, 2015, the DGF initiated the liquidation procedure of the JSC “IMEXBANK”, appointed the DGF authorized officer and delegated to him the powers of the JSC “IMEXBANK” liquidator. |
Date when the bank liquidation was announced | On May 29, 2015, the official announcement of the JSC “IMEXBANK” liquidation was published in the Holos Ukrainy newspaper. |
Liquidator of the JSC “IMEXBANK” | From August 31, 2020, the powers of the JSC “IMEXBANK” 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 April 28, 2015 to May 16, 2022. |
Liquidation procedure period | Liquidation procedure of the JSC “IMEXBANK” lasted from May 27, 2015 to May 16, 2022. |
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). |