CREDITORS’ CLAIMS
“CREDITOR” shall be understood as a legal entity or an individual holding documented claims to the bank’s property liabilities.
After the withdrawal of the banking license and liquidation of failed bank, the bank creditors have the right to file their claims on bank to the DGF.
To do so the creditors must send to the address of the DGF or DGF Authorized Officer their applications. It is also possible to submit claim directly at the location of the bank / separate branch of the bank. Claims shall not be accepted if submitted by e-mail, by phone or verbally.
No need to submit claims of depositors within the coverage limit guaranteed by the DGF.
The claims should be submitted within thirty days of the publication of the information on withdrawal of the banking license, liquidation of the bank in “Holos Ukrayiny” or “Uriadovyi Kurier” newspaper.
Any claims submitted after the above deadline shall be deemed repaid, except for the claims of depositors within the coverage limit guaranteed by the DGF.
Information regarding the date of the liquidation announcement publication and the address where to send your claim can be found on the bank’s page on the DGF website.
CREDITORS’ CLAIMS REGISTER AND PRIORITY OF CLAIMS
The register of accepted creditors’ claims shall be subject to approval by the DGF Executive Directorate.
The DGF notifies creditors of the acceptance of their claims by means of the publication of the notice on the official DGF website and in the premises of failed bank.
ANY DISPUTES AS REGARDS TO ACCEPTING THE CREDITORS’ CLAIMS SHALL BE RESOLVED IN COURT.
Funds obtained as a result of liquidation and sale of the bank’s property (assets) shall be used by the DGF for the settlement of the creditors’ claims in the following priority sequence:
1) liabilities, which have come into existence as a result of the infliction of the damage to the life and health of individuals;
2) pecuniary liabilities related to wages and salaries, which have come into existence from the bank’s liabilities to employees before the decision to revoke the banking license and liquidate the bank;
3) claims of the DGF, which have come into existence in events specified by the Deposit Guarantee System Law;
4) claims of individual depositors (including sole traders) who are not related parties of the bank to the extent exceeding the amount disbursed by the DGF;
5) claims of the National Bank of Ukraine, which have come into existence as a result of the reduction in the value of the collateral provided to secure refinancing credit facilities;
6) claims of individuals (including sole traders, not being related parties of the bank) whose payments or payments to whom have been blocked;
7) claims of other depositors, not being related parties of a bank, and legal entities being clients of the bank (not being related parties of a bank);
8) other claims, other than the subordinated debt claims;
9) claims of related creditors of the bank (individuals, including sole traders, and legal entities);
10) the subordinated debt claims.
The claims of each subsequent priority shall be settled upon the receipt of the proceeds from the sale of the property (assets) of the bank after the complete agreement of claims of the preceding priority.
If the funds derived from selling the estate (assets) of the failed bank are not sufficient for meeting all the claims of the same priority grade, the claims shall be met in proportion to the amount of claims held by each creditor in the said priority grade.
Claims that have not been included in the register shall not be subject to settlement in the course of the liquidation procedure.
Claims on a bank not met due to the lack of its property shall be deemed extinguished.