DECISION OF EXECUTIVE DIRECTORATE OF FUND OF GUARANTEEING HOUSEHOLD DEPOSITS OF UKRAINE

of March 24, 2016 No. 388

About approval of the Provision on the organization of asset sale (property) of the liquidated banks

According to Item 10 parts one, to Item 12, parts seven of article 51 of the Law of Ukraine "About system of guaranteeing household deposits" the executive directorate of Fund of guaranteeing household deposits solved 14 parts five of Article:

1. Approve Regulations on the organization of asset sale (property) of the liquidated 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 following behind day.

4. And the international organizations to provide to department of public relations placement of this decision on the official page of Fund of guaranteeing household deposits on the Internet after its state registration.

5. I reserve control over the implementation of this decision.

Approved by the Decision of executive directorate of Fund of guaranteeing household deposits of Ukraine of March 24, 2016 No. 388

Provision on the organization of asset sale (property) of the liquidated banks

I. General provisions

1. This Provision is developed according to the Economic code of Ukraine, the Civil code of Ukraine, the Laws of Ukraine "About banks and banking activity" (further - the Law on banks), "About system of guaranteeing household deposits" (further - the Law on system of guaranteeing), 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 5, 2012 No. 2, registered in the Ministry of Justice of Ukraine on September 14, 2012 at No. 1581/21893 (further - No. Provision 2), and other regulatory legal acts.

2. The purpose of this provision is determination of procedure for the organization of asset sale (property) which are included in the competitive mass of the liquidated bank, including determination of the principles and criteria of priority of asset sale (property) of the liquidated banks which are applied when forming as sales plans of assets (property) at the level of the liquidated banks, and sales quotations of separate assets / asset pools.

3. Action of this provision extends to employees of Fund of guaranteeing household deposits (further - Fund) which are effective within the powers provided by the Law on system of guaranteeing and/or delegated by Fund of employees of the liquidated banks, and other persons participating in process of liquidation of such banks on contractual conditions.

4. Security sale (including derivative securities) it is performed by Fund according to the procedure, determined by the legislation of Ukraine, through the professional participant of the stock market and according to the agreement signed between Fund and the dealer in securities.

5. Sale of shares of private joint-stock company or the shares of limited liability company or the accessorial liability belonging to the liquidated bank is performed taking into account the laws of Ukraine "About joint-stock companies" and "About societies with the limited and accessorial liability".

6. Prior to the beginning of current and the termination of the terms specified in this Provision provisions of Chapter 18 of the Civil code of Ukraine are applied.

7. Sale of asset(s) (property) using letter of credit form of calculations is performed on the conditions determined by the decision of executive directorate of Fund on sales terms of asset(s) (property) taking into account requirements of regulatory legal acts of the National Bank of Ukraine concerning implementation of transactions by banks according to letters of credit.

8. If powers of Fund as liquidator of bank are performed by Fund directly, the website of bank is the official website of Fund.

II. Determination of terms

1. The terms used in this Provision are used in the following values:

the national passport of asset (property) - set of information concerning assets (property), property rights of the liquidated bank;

the guarantee fee - the type of ensuring execution by the participant of open tenderings (auction) (potential buyer) of the undertaken obligations determined by the decision of Fund on approval of sales terms of asset(s) (property) in connection with participation in such biddings, including with the conclusion of the purchase and sale agreement of asset (property), calculations or acquisitions of assets (property) of bank which is liquidated, and payments of remuneration of the organizer of open tenderings (auction) by introduction by participants of money on the current account of the organizer of open tenderings (auction) (operator of an electronic trading platform) and/or provision of the electronic bank guarantee for benefit of the organizer of open tenderings (auction) which cannot be withdrawn by the guarantor which size is calculated in percentage terms, determined by Fund, from starting price (sales price), procedure for obtaining and which return it is established by Fund. Effective period of the electronic bank guarantee shall exceed the term for the conclusion of the purchase and sale agreement of asset (property) determined according to Item 3 of the Section VII of this provision;

electronic trading system (further - ETS) - set of the specialized software, trade systems, databases, the module of business analytics (BI), technical, hardware and software systems, telecommunication and other means and electronic document management systems providing the possibility of input, storage and the information processing necessary for carrying out the electronic biddings and establishment of their results in the form of the protocol generated by the central database;

the room of data - the place of disclosure of information concerning assets (property) of the liquidated bank, access to which is provided to the potential buyer after agreement signature about nondisclosure of information with limited access, including bank secrecy and personal data (if information concerning asset (property) contains information with limited access, bank secrecy and personal data), by placement of the electronic document form in certain room on the personal computer on the location of bank or asset (property) of bank (including its separate divisions) or on the protected website;

the consolidated sale - alienation of assets (property) of various banks which are removed from the market or are liquidated on other bases determined by the Law on system of guaranteeing by centralization (consolidation) of separate procedures of sale by Fund;

bid increment - the allowance (discount) on which during open tenderings increase/lowering of starting (starting) and each following price of lot announced to sale is performed;

lot - unit of assets of bank (several banks) which is exposed for sale at auction;

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