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May 13, 13:06
Servant of the People / Facebook
270 deputies voted in favor
The Verkhovna Rada in an extraordinary meeting on May 13 adopted Anticolomoy law (on the improvement of certain banking regulatory mechanisms).
270 deputies voted in favor of Bill No. 2571-d.
As the Rada considered it according to special procedures, in the final table of amendments there were only 241 amendments of more than 16 thousand presented for the second reading.
Law approved by the votes of the Servant of the people (200), European solidarity (23), voices (18), Dovir groups (16), for the groups of the future (3) as well as non-factional deputies (10)
Main provisions of Bill No. 2571-d
Previous and current owners of banks whose rights were violated due to an illegal act by the NBU, the Guarantee Fund, the Ministry of Finance, the National Securities and Exchange Commission, or the decision of the Cabinet of Ministers monetary compensation only.
If the court finds the NBU’s decision to classify any bank as insolvent illegal, “does not restore the bank’s position that existed prior to the adoption of such act / decision, including the legal status of this bank, and does not restore the position / rights of the persons who participated in the bank at the time of the adoption of such act / decision. “
If the former owners of the bank received compensation for damages caused as a result of the bank’s illegal classification as insolvent, the withdrawal of a bank license from the bank and the liquidation of the bank, this does not release them from “civil, administrative or criminal for his actions. “
To receive compensation, former owners of a liquidated bank must show that they have suffered damage.
Lost earnings are refunded. “on the amount of income that a bank participant could actually receive“If the National Bank had not decided to liquidate the financial institution. The loss of profits is reimbursed only if said benefit was not taken into account in the evaluation of the actual damage. (stock value).
“Actual losses are determined in the amount of the bank’s shares on the day the National Bank makes the decision to classify the bank as insolvent / revoke the bank license and liquidate the bank (settlement day). The value of the shares is determined. in the amount that the buyer, who has all the necessary information and data, would pay on the day of the liquidation of the bank’s shares, taking into account the bank’s future prospects, given the bank’s actual financial situation (including its regulatory capital, liquidity and asset quality), the bank’s business model and structure, as well as market conditions (including the availability of liquidity and the cost of financing) and the macroeconomic situation. The value of the shares is determined in the report on the state of the bank’s financial and economic activities, which is compiled internationally recognized audit firmIt meets the criteria defined by the National Bank of Ukraine. Such an evaluation of the bank’s financial and economic activities and the value of the shares is designated by the court considering the compensation case for the damage caused, ”says the bill.
The court cannot reject the auditor’s report about the state of the bank. If the auditor’s report indicates that on the day of settlement the size of the bank’s liabilities exceeded the size of the assets, “it is considered that the bank could not operate continuously (had no prospect of continuing the activity) and no material damage was caused. “If, according to the results of the audit, it was determined that the size of the bank’s assets exceeded the size of the obligations, this is not sufficient evidence of material damage has been caused.
An appeal of a decision, act or action of the National Bank will not suspend its implementation. Courts cannot suspend actions on NBU decisions as part of obtaining a lawsuit.
Having accepted ““anti-Colombian” bill, Parliament met the main requirement of the International Monetary Fund. Ukraine will now be able to obtain a new IMF program. On May 7, Jerry Rice, a representative of the Fund, said in a briefing that Ukraine and the IMF, as part of negotiations on a new cooperation program, were reoriented from the previously agreed three-year extended EFF financing program to the 18 month stand by program. Vladislav Rashkovan, deputy executive director of Ukraine at the International Monetary Fund, noted that the volume of the three-year EFF program, which was discussed earlier, should have been at the $ 8 billion level. Of these, Ukraine could receive $ 5 billion by the end of 2021, the remaining $ 3 billion in 2022 -2023 years. As part of the new stand-by program, discussions are ongoing to receive the same $ 5 billion over the next 18 months, Rashkovan explained. He emphasized that obtaining money under the stand-by program is easier, as this Fund tool is not aimed at structural reforms. Ukraine’s Ministry of Finance reported that the government plans to end negotiations with the IMF next week. In the Fund, Ivanna Vladkova Gollar is now responsible for the negotiations with Kiev: on May 1, she became the head of the IMF mission in Ukraine instead of Ron van Roden.
