Publication date: 06.06.2024
lawyer, 23 years of experience in enforcement.
The process of taking possession (guardians) of the bank's property involves the realization of both the pledged property of the borrowers, in particular the insolvent bank, and the bank's property during foreclosure.
The process of realizing the value of the bank's seized (pledged) property is practically identical, but each case has its own peculiarities.
In order to preserve their financial assets as much as possible, banks usually use a special mechanism - bank collateral. Therefore, there is a large amount of collateral on the market, banks must take it off the market to cover the loss of the debt. Collateral property can be both the subject of lending and other property owned by the borrower with ownership documents.
The bank's collateral can be exchanged after the end of the debt period, after official registration and documentary confirmation of the bank's insolvency. In addition, mortgaged property, leased property with late payments and real estate transferred to the bank's ownership by a court decision are implemented as bank enforcement.
The process of selling collateral assets (intangible and physical assets that are part of the borrower's portfolio) can be carried out using an auction method or an electronic bidding system. Through the procedure, the rights and obligations of participants in the process of selling property of an insolvent bank are enumerated by the Law "On the System of Guaranteeing Deposits of Individuals" (hereinafter - the Law).
In this regard, from the moment the bank was recognized as insolvent by the NBU resolution, its management and administration was transferred to a temporary manager - an authorized person of the Individual Deposit Guarantee Fund, who would take measures to sell the bank's property. , including a pledge, as well as receiving payments for loans to increase the bank's capital, all of which the Fund was obliged to pay to depositors.
After 24 hours and within 30 days, part 1 of art. 39 of the Law, the executive directorate of the Fund approves the settlement plan. According to this concept and Art. 50 of the Law, the subject of authorization from the Fund, whose scope of management includes the temporary administration of the bank, conducts a comprehensive assessment of the bank's assets. Along with assets, liabilities from banks are also taken into account.
After carrying out the inventory, forming the liquidation mass and approving the list to be implemented, if necessary, a phased implementation of certain types of bank property is carried out (Part 2 of Article 51 of the Law).
In accordance with the first and second paragraphs of the Regulation on the organization of the sale of assets (property) of banks in liquidation, approved by the Directorate of the FSVFO on March 24, 2016: 388: Types of assets (real estate objects) available for sale at open tenders (auction):
- - real estate (non-commercial and commercial real estate, transport, office and computer equipment, communications, equipment and accessories, furniture and finishing works, household appliances, consumables);
- acquisition of rights under the terms of the debt;
- property of the bank, which is limited;
- Debtors.
- property of the bank as a whole, including the entire complex.
As a result, depending on the purchase method, the buyer can purchase the bank in its entirety, including all related funds, assets and property, or individual assets. But the primary task is to liquidate the bankrupt bank as completely as possible, including all listed property that is in the Fund's inventory, all of which is bought in one package. Conversely, real estate sold by banks, as a rule, does not require an additional expert assessment.
The fund publishes all information about the lot, the terms of sale, the starting conditions of the auction and the way to participate in it on its website. Therefore, the same information is publicly available on the website of the insolvent bank, as well as in mass media determined by the management of the Fund.
The model of sale of property of an insolvent bank is chosen by the authorized person of the Fund. The most common ways of selling bank property are:
– public auctions on online trading platforms.
- official auctions, which are closed, if the lot is objects of civil rights.
– the process of alienation of the right to collect funds from third parties for loans;
- direct sales to an official association or a private individual.
According to the chosen model, the property will be put on the market only after the approval of the marketing strategy by the FGVFD management.
Banks that are insolvent will transfer their assets through authorized trading companies, a list of these companies is available on the Fund's website. These are the companies that are listed below, along with a list of properties for sale, their websites are also dedicated to this purpose.
As a result, the Internet resource "Bank Collateral Exchange" of the Ukrainian Universal Exchange is devoted to the sale of collateral assets only by banks in Ukraine, part of the process is also the sale of assets of troubled banks.
On March 22, 2016, an agreement was concluded between SE "SETAM" and the Individual Deposit Protection Fund, which provides for interaction and cooperation. This document states that SETAM became the main platform for the transfer of assets of bankrupt banks, and in 2017 SETAM began selling claims at auctions, which became cheaper over time. In addition, there are individual auctions for secondary assets, which are held electronically on the website of SE "SETAM", as well as on the websites of its partners.
From February 2017, the Fund began to take away all the assets of troubled banks through ProZorro. liquidation system.
Auctions for foreclosed property in the case of online sales are assigned by a specific number, which is stated on the auction website. After that, every registered user of the system can participate in them. For this, it is only necessary to pay the registration fee.
In relations that are not directly related to the main activity of the bank, the bank is considered an ordinary legal entity, therefore the actions of the state executive are regulated by the Law "On Executive Proceedings". Thus, it is possible to seize property and financial accounts even in the presence of a liquidator. However, each case is decided by the court individually.
In addition, since December 15, 2017, conclusions regarding the application of legal principles arising from the Supreme Court's rulings have become mandatory not only for the powers to determine the legality of things listed in Article 13 of the Law "On the Judiciary" and the status of judges, but also for other courts. These courts must take legal principles into account when interpreting the legislation (Part 6 of Article 13 of the Law "On the Judiciary and the Status of Judges").
Legal service "Consultant" provides all types of legal services, including online legal services. Specialists of our service will make a legal analysis of the situation to determine the course of action in the relevant situation and help collect the necessary documents and, if necessary, accompany the court proceedings.
