Regulation of the liquidation of the credit institution
Saturday, May 15, 2010 19:25Elimination of the credit institution in a manner and in accordance with the procedures prescribed by the Federal Law “On Insolvency (Bankruptcy) of Credit Organizations” for the bankruptcy proceedings, with the peculiarities established by this Federal Law.
Creditors of the liquidated credit organizations have the rights provided hereby, but not regulated by their parts – the Federal Law “On Insolvency (Bankruptcy) of Credit Organizations”. The liquidator of a credit institution is obliged to hold the first meeting of creditors in liquidation of a credit institution not later than 60 days after the end of the period established for claims of creditors.
Control over the activities of the liquidator of a credit institution, the procedure for submission of reports to the Bank of Russia, as well as verification of the Bank of Russia for the liquidator of a credit institution organized in the manner prescribed by the Federal Law “On Insolvency (Bankruptcy) of Credit Organizations” for the bankruptcy proceedings.
After the end of the period established for claims of creditors of a credit institution, the liquidator of a credit institution is an interim liquidation balance sheet, which should contain information on the composition of assets in liquidation of a credit institution, a list of creditors of a credit institution, as well as the results of their review. The interim liquidation balance sheet is considered at a meeting of creditors and (or) meeting of creditors committee of a credit institution and after such review to be agreed with the Bank of Russia.
Satisfaction of the creditors of the credit institution shall be in accordance with the interim liquidation balance from the date of its agreement with Bank of Russia and in order of priority, the Federal Law “On Insolvency (Bankruptcy) of Credit Organizations”.
The order of transactions with the assets of the credit institution is not included, in accordance with Federal law “On Insolvency (Bankruptcy) of Credit Organizations” in the estate in case of insolvency (bankruptcy) of credit organizations shall be determined as the federal law.
If the existing credit organization funds are insufficient to satisfy claims of creditors of a credit institution, the liquidator of a credit institution implements the assets of the credit institution in accordance with the Federal Law “On Insolvency (Bankruptcy) of Credit Organizations”.
The term liquidation of a credit institution can not exceed 12 months from the date of entry into force of the arbitration court decision on the liquidation of a credit institution. This time limit may be extended by the arbitral tribunal at the reasoned request of the liquidator of a credit institution.
If during the procedure of liquidation of credit organizations to identify what assets of the credit institution in respect of which a decision on liquidation, is insufficient to satisfy claims of creditors of a credit institution, the liquidator of a credit institution is obliged to send to the arbitral tribunal a statement of recognition of a credit institution insolvent (bankrupt).
Report on the results of the elimination of the credit institution with the application of the liquidation balance sheet shall be heard at a meeting of creditors or committee meeting of creditors of a credit institution and approved by the arbitral tribunal in the manner provided by the Federal Law “On Insolvency (Bankruptcy).
Determination of the arbitration court for approval of the report of the liquidator of a credit institution on the results of the elimination and complete elimination of a credit institution liquidator of a credit institution is obliged to submit to the Bank of Russia with the application documents required by regulations of Bank of Russia to carry out state registration of credit organizations in connection with its liquidation, within ten days from date of making such a determination.
