Bankruptcies of banks become unpredictableBankruptcy of problem banks after a response at them the licence turns from the debugged procedure in malopredskazuemyj process. Experience of Tjumenenergobanka which have set up a record on terms of a recognition by the bankrupt (it is more than half a year), risks to repeat the Volga region Deutsche Bank which has lost the licence in May and till now not recognised court by the bankrupt. Proprietors of problem banks have added to the arsenal experience of colleagues on a tightening of bankruptcy for concealment of the deduced actives, and further the situation will be aggravated only, experts specify.
under the law “ About an inconsistency (bankruptcy) of the credit organisations “ on the permission of a question on a recognition of bank by the bankrupt to arbitration court it is taken away no more than two months from the date of acceptance by court of the corresponding statement. According to Bank of Russia, an exception are rare: usually on a recognition of bank the bankrupt leaves ones and a half - two months. The Central Bank across the Saratov region about bankruptcy of Volga region Deutsche Bank the arbitration court of the Saratov region has registered statement GU on May, 18th, later two weeks after a response at licence bank (on May, 6th). From May, 26th statement GU the Central Bank was accepted definition of court to consideration. Since then business obeyed twice, however the decision and has not been taken out. The following legal investigation will take place on August, 27th. Thus, the court does not keep within the term of decision-making taken away by the law on bankruptcy and business of Volga region Deutsche Bank has passed in a category of the non-standard.
term of a recognition of bank the bankrupt can last in case of business stay on the questions having basic value for its consideration, the partner of legal firm Lidings Andrey Zelenin specifies. In a case with Volga region Deutsche Bank operative removal of a judgement is interfered by proprietors of bank. As appears from definition of arbitration court of the Saratov region from June, 18th, representatives of shareholders have declared “ objections “ (what - it is not concretised) and the legal investigation has been postponed for acquaintance with them.
on July, 23rd the legal investigation has been postponed already in the second time. Proprietors of bank (in the name of Gennady and Victor Shmidtov, Open Company “ the Industry “ Open Company “ Leasing technologies “ and Open Company “ Kronverk “) Have tried to use all possibilities to postpone decision removal, and on July, 20th have submitted the counterclaim to terupravleniju the Central Bank in which have tried to challenge refusal in voluntary liquidation of bank after licence withdrawal. Before consideration of this claim (it is appointed to August, 11th) the court did not begin to solve a question on bankruptcy of bank in essence.
the call on Victor Schmidt`s made on Friday the mobile phone, has not cleared a situation. The person who has answered a call, having learnt that the correspondent " calls; “ has informed that “ has no relation to proprietors of bank and under given number to contact them it is impossible “. In Bank of Russia did not begin to make comments on tightened bankruptcy of Volga region Deutsche Bank. Additional details of this business “ “ It was possible to find out in Agency on insurance of the contributions which lawyers were present at sessions of court as representatives of interested party (after payments to investors of Volga region Deutsche Bank ASV became its creditor).
According to the assistant to general director ASV Andrey Melnikova, at first shareholders of bank tried to deny declared by a regulator as the basis for bankruptcy the fact - default of obligations to creditors within 14 days in view of absence of means on a corresponding account. As they said, means at bank were. At the second session of court representatives of the Central Bank have strengthened the position an argument that after donachislenija reserves on request of acting administration did not suffice actives of bank on execution of obligations. Shareholders of bank insisted that the credit risk has been estimated adequately and dorezervirovanija under credits it was not required. “ Anyway, the legal investigation about bankruptcy of bank is in essence tightened already more than for three months that is a disturbing signal as detains reception of means by creditors and reduces chances of their return “ - mister Melnikov summarised.
the scenario on which the situation with bankruptcy of Volga region Deutsche Bank develops, reminds recently come to the end has put Tjumenenergobanka which have become unprecedented on terms of consideration about bankruptcy. C the moment of licence withdrawal from Tjumenenergobanka on December, 3rd, 2008 and before judgement removal about a recognition of bank the bankrupt has passed more than six months. Speed of removal of the decision was affected by that fact that the bank could not carry out of the obligation to investors on record for all history of existence of system of insurance of contributions the sum more than 6 mlrd rbl.
As well as shareholders of Volga region Deutsche Bank, proprietors of Tjumenenergobanka tried to challenge Central Bank arguments about insufficiency of actives for performance of obligations for what have declared the petition for recheck of the conclusions made the Central Bank. The litigation most part also has been spent for contest of this petition. In this time, according to competitive operating bank in the name of ASV, proprietors could hide the actives deduced earlier more deeply. As a result to pay to creditors, most likely, there will be nothing.
“ It is no wonder that thanks to a resonance which has received business of Tjumenenergobanka, experience of its proprietors on a tightening of bankruptcy for concealment of the deduced actives has been added to the arsenal by shareholders of other problem bank, - the competitive managing director of bank - the bankrupt " speaks; Dialogue - Optim “ Andrey Sergeev. - I believe that it only the process beginning, further it will go on accruing, and in case of approach by autumn of the second wave of crisis can seriously be aggravated “. According to the competitive operating, simple and fast decision at this problem is not present. “ In regions any business is constructed on communications with local authorities, and will struggle with it to central office of Bank of Russia extremely difficult “ - the expert summarises.