It is registered
Ministry of Justice of Ukraine
September 7, 2017
of August 21, 2017 No. 3711
About approval of the Regulations on procedure for creation and maintaining the register of the accepted requirements of creditors and satisfactions of requirements of creditors of the liquidated banks
According to Item 10 parts one, to Item 12 parts five, Article parts six 12, to article 49 of the Law of Ukraine "About system of guaranteeing household deposits" executive directorate of Fund of guaranteeing household deposits of RESHILA:
1. Approve Regulations on procedure for creation and maintaining the register of the accepted requirements of creditors and satisfaction of requirements of creditors of the liquidated banks it (is applied).
2. To provide to department of strategy and normative and methodological providing together with legal department submission of this decision to the Ministry of Justice of Ukraine for state registration.
3. And the international organizations to provide to department of public relations placement of this decision on the official page of Fund on the Internet after its state registration.
4. This decision becomes effective from the date of, its official publication following behind day.
5. Control over the implementation of this decision to leave for the director - the manager.
K. M. Vorushilin
No. 3711 is approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of August 21, 2017
1. This Procedure is developed for the purpose of implementation of requirements of Articles 29, of 45, of 46, of 49, 52 Laws of Ukraine "About system of guaranteeing household deposits" (further - the Law).
2. This Procedure regulates the procedures arising in the course of accomplishment of actions for determination of outstanding amount to each creditor, references of requirements of creditors to certain queue, variations of requirements of creditors in case of non-confirmation by their actual data, creation of the register of the accepted requirements of creditors, modification of the register of the accepted requirements of creditors and also procedure for satisfaction of requirements of creditors of the liquidated bank.
3. This Procedure are developed according to the Civil code of Ukraine, the Economic code of Ukraine, the Law of Ukraine "About banks and banking activity", the Law, Regulations on conclusion of insolvent bank from the market approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 5, 2012 No. 2, registered in the Ministry of Justice of Ukraine on September 14, 2012 at No. 1581/21893 (further - No. Provision 2), the Instruction for application of the Chart of accounts of financial accounting of banks of Ukraine approved by the resolution of Board of the National Bank of Ukraine of September 11, 2017 No. 89 (further - the Instruction No. 89), other regulatory legal acts.
4. Action of this Procedure extends to all banks which are in management of Fund of guaranteeing household deposits (further - Fund) and on which the National Bank of Ukraine makes the decision on withdrawal of the banking license and liquidation of bank.
5. In this Procedure terms are used in the following values:
ABS of bank - the automated bank system of bank;
the creditor - the legal entity or physical person having documentary confirmed requirements to bank concerning its property obligations;
the authorized person of Fund is the employee of Fund which on behalf of Fund and within the powers provided by the Law and/or delegated by Fund performs operations on providing conclusion of bank from the market when implementing temporary administration of insolvent bank and/or liquidation of bank.
The term "investor" is used in the value given in the Law.
Other terms used in this Procedure are applied in the values determined by the legislation of Ukraine.
1. Creditor requirements are imposed by creditors of the liquidated bank, only in writing in the way:
the directions of the written application in Fund or through departments of mail service to the address specified in the announcement of withdrawal of the banking license, liquidation of bank. In case of appointment of the authorized person of Fund to which are delegated by Fund of power for creation of the register of the accepted requirements of creditors creditors declare the requirements to bank to such authorized person of Fund;
submissions of the written application it is direct on the bank location / separate division of bank (department, branch, representation). The creditor's details as receiver of means (current account and code, name and code of its bank) are without fail specified in the written application of the creditor.
Approximate form of the written application of the creditor it is given in appendix 1 to this Procedure.
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