In Russia the liquidation procedure of the credit institution regulated by the Federal Law "On Banks and Banking Activity", Federal Law "On Central Bank of the Russian Federation."It may take several years.The bottom line is this: the bank introduced a temporary administration.If it can not alone stabilize the organization or find a sponsor, the Bank of Russia eliminates the institution previously revoking his license.
Background
liquidation of the bank and revocation of a license may occur for the following reasons:
- delayed the start of operations more than one year from the date of authorization;
- reorganization;
- found invalid data, based on which the license was issued;
- information in the financial statements is not true;
- conduct operations without authorization;
- failure to fulfill the requirements of the Federal Law governing the activities of credit institutions;
- poor financial situation of the bank.
In the case of a single violation of the Federal Law is first directed injunction to stop certain activities of your organization.The same information is supplied to the Department of Banking Supervision.If the consequences of violations are not corrected within the specified time, then the establishment of more stringent enforcement measures - introduced a temporary administration.Even in the period of its operation the bank can continue to perform operations:
- perform calculations on receivables;
- receive a refund of previously issued loans, advance payments, to repay the amount of the Central Bank;
- receive funds from previously implemented operations and transactions;
- return the erroneously credited the money;
- conduct operations under the executive documents, and so on. D.
Commission
If loan anticipation bankrupt, the liquidation of the bank is performed by the bankruptcy proceedings, the arbitral tribunal shall appoint a manager.Organizations that can attract deposits from individuals and legal entities are in the process of social security contributions Agency (DIA).The Bank of Russia analyzes the operation for compliance with regulations and legislation.If you decided to eliminate, within 30 days after the revocation of the license, a special commission, which regulates the process.On correspondent accounts in 10 days after its opening reserves transferred from the Bank of Russia.They are used to cover debts to depositors.
Commission carries out such procedures:
- notify the depositors through the media about what is going on liquidation of a commercial bank (as specified in the advertisement addressed to the Commission, details of the accounts, term of requirements);
- of the register of creditors;
- operates in preservation of the property;
- charges a DZ;
- sells the mortgaged property;
- assessing the property;
- analyzes provided by penalties;
- puts the property up for sale in the case of lack of funds from the bank;
- of reports, interim balance sheet.
liquidation of the bank shall be completed when the latch in the book registration and publication in the Bulletin of the BR.The institution may again issue a license if bankruptcy proceedings suspended by the repayment of liabilities within 6 months from the date of revocation of the license.To obtain a new permit must have assets of at minimum cost 180 million rubles.
Statistics
liquidation of banks in 2014 showed that this sector is the most problematic in the economy.Even today, from the fifty largest institutions problems in the next 5 years may occur in 8%.During the period from 2011 to 2014 the license was deprived of every four small bank, 70 regional and 30 averages.Several large organizations have come under reorganization.Last year alone, 50 institutions have come under the procedure for recovery.
Over the past 10 years, the liquidation of banks and their recovery cost DIA 1.18 trillion rubles., Of which one-third was aimed at the payment of deposits, and the rest - to reorganize.And this does not include payments to depositors of the institutions that were not included in the CER.Today, DIA has been the withdrawal from the market of another 190 institutions.
Payback
liquidation of banks through asset recovery allows you to recover a quarter of the amounts spent.Although 10 years ago the figure was 5%, today 22% is hardly high.Statistics for the 2014-2015 year will not be soon.But even the available data it can be said that the figures did not change much.The actual size of assets from banks without a license amounts to 63.3 billion rubles., Liabilities - by 100 billion more.That is, the lenders can expect a return of more than 38% of requirements.
Remediation is expensive
Approximately 37% of the assets or cleaned state.This is a very high figure, especially when you consider that the procedure is done by lending institutions at very favorable terms: 10 years at 0.51% per annum.That is, even a refund of the loan can be attributed to the costs of remediation.Therefore, the Central Bank do not always take decisions on the recovery of the institution.Often the liquidation of the bank is cheaper.
situation in Ukraine
The neighbors The situation is no better.Only in 2014 the NBU license taken away from 49 organizations.The worst result (10.1 billion loss) showed VAB Bank (Ukraine), the elimination of which has already begun.Two government agencies - "Ukreksim" and "Oschadbank" - also received a loss of $ 9.8 billion and 8.6 billion USD.respectively.In addition to the difficult economic and political situation in the country a significant role in this issue played a devaluation of the national currency, the growth of defaults on loans, the outflow of deposits.
