Briefing note on winding-up of the PJSC “ENERGOBANK” by the DGF
Full name of the bank being liquidated | PUBLIC JOINT-STOCK COMPANY “ENERGOBANK” |
Short name of the bank being liquidated | PJSC “ENERGOBANK” |
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank | NBU Board Resolution dated February 12, 2015 # 96 on Classification of the PUBLIC JOINT-STOCK COMPANY “ENERGOBANK” 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 February 12, 2015 # 29 on Introducing Provisional Administration in the PUBLIC JOINT-STOCK COMPANY “ENERGOBANK” |
Duration of provisional administration | February 13, 2015 through June 11, 2015, PJSC “ENERGOBANK” 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 PJSC “ENERGOBANK”’s depositors commenced on April 21, 2015 |
NBU resolution on liquidation | On June 11, 2015, the NBU Board approved Resolution # 370 on Revocation of the Banking License and Liquidation of the PUBLIC JOINT STOCK COMPANY “ENERGOBANK” |
DGF Executive Directorate’s decision on commencement of the liquidation procedure | On June 12, 2015, the DGF Executive Directorate issued Decision # 115 on Commencement of Liquidation Procedure of PJSC “ENERGOBANK” 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 June 12, 2015, the DGF initiated the liquidation procedure of the PJSC “ENERGOBANK”, appointed the DGF authorized officer and delegated to him the powers of the PJSC “ENERGOBANK” liquidator |
Date when the bank liquidation was announced | On June 18, 2015, the official announcement of the PJSC “ENERGOBANK” liquidation was published in the Holos Ukrainy newspaper |
Liquidator of the PJSC “ENERGOBANK” | From July 30, 2020, the powers of the PJSC “ENERGOBANK” 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 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). |