It is registered
Ministry of Justice of Ukraine
March 15, 2018
of February 15, 2018 No. 465
About approval of the Regulations on lease of property of insolvent banks
According to Item 10 parts one and to Item of 1 part five of Article 12, parts five of article 51 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 lease of property of insolvent banks which are 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. This decision becomes effective from the date of its official publication.
4. To provide to department of public relations and financial education placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.
5. Control over the implementation of this decision to assign S. V to the Deputy managing director Rekrut.
K. M. Vorushilin
Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of February 15, 2018 No. 465
1. This Provision is developed according to the Economic code of Ukraine, the Civil code of Ukraine, the Tax code of Ukraine, the Laws of Ukraine "About banks and banking activity", "About system of guaranteeing household deposits", to the Regulations on conclusion of insolvent bank from the market approved by the decision of executive directorate of Fund of guaranteeing household deposits of July 05, 2012 No. 2, registered in the Ministry of Justice of Ukraine on September 14, 2012 for No. 1581/21893, and to other regulatory legal acts and establishes procedure for decision making, making of actions by Fund of guaranteeing household deposits (further - Fund) about transfer to lease of property of bank in which the temporary administration is entered or the liquidation procedure is performed.
2. This Provision determines procedure for transfer to lease:
property of bank in which the temporary administration according to the Law of Ukraine "About system of guaranteeing household deposits" is entered;
personal estate of bank which liquidation procedure is performed by Fund;
real estate of bank which liquidation procedure is performed by Fund:
which is leased to the company, organization, the organization of the state or municipal pattern of ownership during action in Ukraine of warlike or emergency state;
in certain rooms which the equipment which is independent or component of specialized hardware and software system of bank which provides is placed or provided operability of storages of databases, file services, servers of authorization, virtual servers, servers of banking applications, e-mail, the communication equipment, Internet access, other technical means, documents and information on activities of such bank;
belonging to bank concerning which powers of Fund as the liquidator are performed by Fund directly;
concerning which were acknowledged cancelled, three in a row open tenderings (auctions) in the form of electronic auction for provision in lease of the real estate unit, are carried out according to Regulations on provision to real estate lease of bank which liquidation procedure is performed by Fund of guaranteeing household deposits, way of the carrying out open tenderings (auctions) approved by the decision of executive directorate of Fund of guaranteeing household deposits from
____ ____________ 2022 No. _____.
Action of this provision does not extend to property of bank in which the temporary administration according to the Law of Ukraine "About system of guaranteeing household deposits" is entered or the liquidation procedure of which is performed by Fund (further - insolvent bank):
transferred to the third parties under agreements of management;
transferred to Fund to use according to part ten of article 36 of the Law of Ukraine "About system of guaranteeing household deposits";
leased to other insolvent bank.
3. The terms used in this Provision are used in the following values:
request from the potential lessee - the electronic request about lease of property which is drawn up on the official website of Fund or the written appeal to insolvent bank concerning cession of property in lease with indication of the main conditions on which the potential lessee intends to lease property;
collection of indicative offers (exposure of object of lease to exposition) - placement on websites of Fund and insolvent bank of the compressed information containing data on property, results of photofixing of current status of property, approximate lease terms, etc. for the purpose of studying of demand of potential lessees and provision of price offers on object which is planned to be leased by them. The term of exposition and acceptance of offers proceeds at least fourteen calendar days from the date of placement of such information on the website of Fund. The maximum term of exposition cannot exceed ninety calendar days;
other property - the property other than the real estate, property complex, vehicles, special equipment, including the specialized bank equipment, the equipment of rooms, furniture, office equipment, etc.;
property complex - economic object with complete cycle of production (work or rendering services) with the parcel of land provided to it on which the complex is located, engineering communications, system of power supply;
small management committee assets (MKUA) - The committee created based on the operating organizational structure of insolvent bank one of functions of which is provision of necessary information concerning assets (property) of such bank for decision making about conditions of their transfer to lease;
real estate (real estate) - the parcels of land, and also the objects located on the parcel of land is also integral related which movement is impossible without their depreciation and change of their appointment;
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