MOSCOW, July 25. /TASS/. The Bank “Ugra” has minimum chances to win in court against the Bank to invalidate the decision on the entry of the interim administration and the moratorium on satisfaction of requirements of creditors, according to respondents TASS lawyers. “Yugra” will be difficult to prove that the Bank maliciously used their right to introduce a temporary administration, they point.
Banks generally challenged in the court does not enter a temporary administration, revocation of license (such claims to the Central Bank, banks filed a “World” Atlas Bank “Western”, etc., failed to return the license in court, in particular, Bank “vest” and Russian Bank of business cooperation – approx. ed.).
Practice on appeal the court reviews license not in favor of the banks, says Tertychnyi. “Banks were able through the courts to resume activities only if the violation that prompted the Central Bank for revocation of the license, was insignificant and was of a formal nature, e.g. not in time or not in the form filed documents,” he says. The Bank “Ugra” a substantive rather than formal claims, said earlier the head of the Association of Russian banks Garegin Tosunyan. Attempts to challenge decisions by banks, the Central Bank of regular and successful – a very rare, agrees Mikhail Alexandrov.
The chances of the outcome of the case in favor of the “Ugra” is negligible, but even if the court will side with the Bank, it is unlikely all will return to “normal”, the head of the legal Department Heads Consulting Diana Baclosan. In this case nothing will prevent the Central Bank re-assign the temporary administration, justifying it, including data that will receive the current interim administration, says she.
The Bank of Russia from July 10, 2017 the moratorium on satisfaction of requirements of creditors of the Bank “Ugra” for three months and put the Agency on insurance of contributions (ASV) the functions of the provisional administration to manage the Bank six months. As stated by representatives of the Central Bank, the regulator last year made the Bank about 10 prescriptions dosoznanie reserves, and also appealed to law enforcement agencies in connection with the activities of the Bank.
July 19, the state office of public Prosecutor has brought to the management of the Central Bank objections against decisions in respect of “Ugra” and demanded to suspend insurance payments to depositors of the Bank. Despite this, July 20 agent banks began payments to depositors of “Ugra”. The Central Bank sent to the Supervisory authority the documents confirming the legality of his actions, reported by the representative of the regulator.
The total amount of insurance payments to depositors of the Bank “Ugra” is estimated at 170 billion rubles, it is the largest insured event in the history of the Agency for Deposit insurance.