Briefing note on winding-up of PJSC “RADICAL BANK” by the DGF
Full name of the bank being liquidated | PUBLIC JOINT STOCK COMPANY “RADICAL BANK” |
Short name of the bank being liquidated | PJSC “RADICAL BANK” |
Resolution of the National Bank of Ukraine (NBU) declaring insolvency of the bank | NBU Board’s Resolution dated July 9, 2015 # 452/БТ on Classification of PUBLIC JOINT STOCK COMPANY “RADICAL BANK” 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 July 9, 2015 # 130 on Introducing Provisional Administration in PJSC “RADICAL BANK”. |
Duration of provisional administration | From July 10, 2015 through November 9, 2015, PJSC “RADICAL BANK” was under provisional administration. The DGF carried out the provisional administration through the authorized officer. |
NBU resolution on liquidation | On November 9, 2015, the NBU Board approved Resolution # 769 on Revocation of the Banking License and Liquidation of PUBLIC JOINT STOCK COMPANY “RADICAL BANK”. |
DGF Executive Directorate’s decision on commencement of the liquidation procedure | On November 9, 2015, the DGF Executive Directorate issued Decision # 203 on Commencement of the Liquidation Procedure of PJSC “RADICAL BANK” 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 November 10, 2015, the DGF initiated the liquidation procedure of PJSC “RADICAL BANK”, appointed the DGF authorized officer and delegated to the officer the powers of PJSC “RADICAL BANK” liquidator. |
Date when the bank liquidation was announced | On November 14, 2015, the official announcement of PJSC “RADICAL BANK” liquidation was published in the Holos Ukrainy newspaper. |
Date when the deposit payout commenced | Payment of the guaranteed amount to PJSC “RADICAL BANK”’s depositors commenced on November 13, 2015. |
Liquidator of PJSC “RADICAL BANK” | From November 26, 2020, the powers of PJSC “RADICAL BANK” 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). |