Date: 07/11/2018
State Corporation "Deposit Insurance Agency" (109240, Moscow, Vysotskogo St., 4, email address: ) (hereinafter referred to as the Auction Organizer), which is based on the decision of the Moscow Arbitration Court dated September 21, 2016. in case No. A40-148779/16-124-252B by the bankruptcy trustee (liquidator) of the Limited Liability Company PCRB Bank (PCRB Bank LLC, registration address: 119454, Moscow, Lobachevsky St., 27, INN 7701138419, OGRN 1027739125303 ) (hereinafter referred to as the financial organization), conducts electronic trading in the form of an open auction with a closed form for submitting proposals for the purchase price of the property of the financial organization (hereinafter referred to as the Bidding).
The subject of trading are the following securities:
(the size of the share in the authorized capital is indicated in brackets, among other things) – initial selling price of the lot
Lot 1 - Shares of JSC National Credit History Bureau, TIN 7703548386, reg. number 1-01-10567-A, nominal value - 100 rubles, 6,300 pcs. (0.64%), Moscow - 18,699,290.40 rubles.
Detailed information about the composition of a financial organization’s lot can be found on the websites of the Auction Organizer www.torgiasv.ru, also in the sections “Liquidation of Banks” and “Sale of Property”.
Bargaining property of a financial organization will be held at 14:00 Moscow time August 27, 2018 www.centerr.ru. If, based on the results of the auction scheduled for August 27, 2018, the lot is not sold, then at 14:00 Moscow time October 16, 2018 on the electronic platform of Implementation Center LLC - www.centerr.ru will be held re-tenders unsold lot with a reduction in the initial price of the lot by 10 (Ten) percent.
The operator of the electronic platform LLC "Realization Center" - www.centerr.ru (hereinafter referred to as the Operator) ensures the conduct of trading.
The Operator's acceptance of applications and proposals for the purchase price of a financial organization's property for participation in the first Bidding begins at 00:00 Moscow time on July 18, 2018, and for participation in repeated Bidding begins at 00:00 Moscow time on September 6, 2018 Acceptance of applications for participation in the Bidding and deposits stops at 14:00 Moscow time 5 (Five) calendar days before the date of the relevant Bidding.
Based on clause 4 of Art. 139 of Federal Law No. 127-FZ “On Insolvency (Bankruptcy)”, the property of a financial organization that is not sold at repeated auctions is put up for auction in electronic form through a public offer (hereinafter referred to as the PPP Auctions).
PPP trades will be held on the electronic platform of Realization Center LLC - www.centerr.ru from December 4, 2018 to January 22, 2019
Applications for participation in the PPP Trades are accepted by the Operator starting from 00:00 Moscow time on October 29, 2018. Acceptance of applications for participation in the PPP Trades and deposits stops 5 (Five) calendar days before the end date of the corresponding period for reducing the sale price of the lot in 14:00 Moscow time.
If there are applications for participation in the PPP Trading, the Trading Organizer determines the winner of the PPP Trading no earlier than 14:00 hours Moscow time on the first working day following the closing date for accepting applications for the corresponding period of lowering the sale price of the lot, and no later than 18:00 hours Moscow time the time of the last day of the corresponding period for reducing the selling price of the lot.
The operator ensures the holding of trades at PPP.
The initial selling prices for the lot are set as follows:
from December 11, 2018 to December 17, 2018 - in the amount of 98.00% of the initial sale price of the lot;
from December 18, 2018 to December 24, 2018 - in the amount of 96.00% of the initial sale price of the lot;
from December 25, 2018 to December 31, 2018 - in the amount of 94.00% of the initial sale price of the lot;
Individuals and legal entities (hereinafter referred to as the Applicant) registered in the prescribed manner on the electronic platform of Implementation Center LLC - www.centerr.ru are allowed to participate in the Bidding and the PPP Bidding. To participate in the Trades and the PPP Trades, the Applicant submits to the Operator an application for participation in the Trades (the PPP Trades).
An application for participation in the Trades (PPP Trades) must contain: name, legal form, location, postal address (for a legal entity), surname, first name, patronymic, passport details, information about place of residence (for an individual), number contact telephone number, email address, information about the presence or absence of interest of the Applicant in relation to the debtor, creditors, bankruptcy trustee (liquidator) and the nature of this interest, information about the participation in the capital of the Applicant of the bankruptcy trustee (liquidator), proposal for the price of property.
To participate in the Bidding (PPT Bidding), the Applicant submits to the Operator in electronic form an agreement on the payment of a deposit signed with the Applicant’s electronic signature. The applicant is obliged, within the period specified in this message, and in accordance with the agreement on making a deposit, to make a deposit by transferring funds to the account for crediting deposits of the Organizer of the Auction: payee - State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, current account 40503810845250002051 with the State Bank of Russia for the Central Federal District, Moscow 35, BIC 044525000. The name of the financial organization must be indicated in the purpose of payment , the name of the Applicant, the date of the Auction (the period of the Auction PPP), for participation in which a deposit is paid, the lot number. The applicant has the right to send a deposit using the above details without submitting a signed agreement on the payment of the deposit. In this case, the transfer of the deposit by the Applicant is considered an acceptance of the agreement on the payment of the deposit posted on the electronic platform.
The deposit for participation in the Auction is 10 (Ten) percent of the initial price of the lot. The deposit for participation in the PPP Auction is 10 (Ten) percent of the initial sale price of the lot for the period. The date of deposit is considered to be the date of receipt of funds transferred as a deposit to the account of the Auction Organizer.
The draft agreement concluded based on the results of the Trades (Trading PPP) (hereinafter referred to as the Agreement) and the agreement on the payment of the deposit can be found on the electronic platform of Realization Center LLC - www.centerr.ru.
The applicant has the right to change or withdraw an application for participation in the Trades (PPT Trades) no later than the deadline for submitting applications for participation in the Trades (PPT Trades), by sending a notice to the Operator.
The Trading Organizer reviews the applications submitted by the Applicants to the Operator with the documents attached, establishes the fact that deposits have been received into the Trading Organizer's account within the time period established in this message, and based on the results, makes a decision on the admission or refusal of the Applicant's admission to participate in the Bidding (PPT Bidding). Failure to receive a deposit to the account of the Auction Organizer specified in this message, or receipt of a deposit after the expiration of the period established in this message, or receipt of a deposit in an amount less than that established in this message, are grounds for refusing the Applicant’s admission to participate in the Bidding ( Trades PPP). Applicants admitted to participate in the Trades (PPP Trades) are recognized as participants in the Trades (PPP Trades) (hereinafter referred to as the Participants). The Operator sends notifications to all Applicants about their recognition as Participants or refusal to recognize them as Participants.
If an equal price for a lot, but not lower than the initial selling price of the lot, was offered by two or more Participants, the Winner among them is the Participant who submitted an application for participation in the Auction earlier than the other specified Participants.
The results of the Trading are documented in a protocol on the results of the Trading on the day of the Trading. The protocol on the results of the Trading, approved by the Organizer of the Trading, is posted on the electronic platform of Realization Center LLC - www.centerr.ru.
PPP Trade Winner(hereinafter also referred to as the Winner) is recognized as the Participant who submitted, within the prescribed period, an application for participation in the PPP Trading, containing a proposal for the price of the property of a financial organization, but not lower than the initial sale price of the property established for a certain period of the PPP Trading, in the absence of proposals from other Participants .
If several Participants submitted applications within the established period containing different proposals for the price of the property of a financial organization, but not lower than the initial sale price of the property established for a certain period of the PPP Trading, the right to purchase the property belongs to the Participant who offered the maximum price for this property.
If several Participants submitted applications within the established period containing equal proposals for the price of the property, but not lower than the initial selling price of the property established for a certain period of the PPP Trading, the right to purchase the property belongs to the Participant who was the first to submit an application for participation within the established period in the PPP Trades.
From the date of determination of the Winner of the Bid Trade for each lot, the acceptance of applications for the corresponding lot ceases. The protocol on the results of the PPP Trading, approved by the Trading Organizer, is posted on the electronic platform of Realization Center LLC - www.centerr.ru.
The organizer of the auction, within 5 (Five) days from the date of signing the protocol on the results of the Trading (Trading PPP), sends the Winner to the email address specified in the application for participation in the Trading (Trading PPP), an offer to conclude an Agreement with a draft Agreement attached.
The winner is obliged, within 5 (Five) days from the date of sending to his e-mail address specified in the application for participation in the Trades (PPP Trades), the proposal to conclude an Agreement and the draft Agreement, sign the Agreement and no later than 2 (Two) days from the date of signing send it to the Auction Organizer. The Winner is obliged to immediately notify the Auction Organizer of the fact of signing the Agreement by any means available to him. Failure to sign the Agreement within 5 (Five) days from the date of its sending to the Winner means the Winner’s refusal (evasion) from concluding the Agreement. The amount of the deposit paid by the Winner is counted towards the price of the purchased lot.
The winner is obliged to pay to the seller within 30 (Thirty) days from the date of conclusion of the Agreement the sale price of the lot determined at the Auction (Auction DPP), minus the previously paid deposit according to the following details: payee - State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, current account 40503810145250003051 with the State Bank of Russia for the Central Federal District, Moscow 35, BIC 044525000. In the purpose of payment, it is necessary to indicate the name of the financial organization and the Winner, the details of the Agreement, the lot number and the date of the Trading (the period of the Trading PPP). If the Winner does not fulfill his obligations specified in this message, the Auction Organizer and the seller are released from all obligations related to the conduct of the Auction (PPP Trade), with the conclusion of the Agreement, the deposit made by the Winner is not returned to him, and the Auction (PPP Trade) are declared invalid.
The official website of the DIA is an online resource that allows you to get acquainted with all the information regarding the activities of the Deposit Insurance Agency, which has existed since 2004.
Among other things, the web resource provides information regarding such issues as the liquidation of banks. You can go to the necessary materials through the corresponding tab of the main menu or through the link provided at the top of the site above the search bar. By the way, the search bar can also be useful for getting acquainted with the necessary materials.
In the “Liquidation of Banks” section of the DIA, the official website allows you to familiarize yourself with the agency’s details for repaying debt on loans from liquidated banks. Information about changes to the schedule for accepting cash to pay off debts on holidays is also posted here.
DIA official website - Bank liquidation Forms for bank liquidation documents are also presented here. Among them are a form of a creditor's claim, a sample text of a power of attorney to represent the interests of a creditor during bankruptcy proceedings (liquidation) of a bank, a sample form of an application from a client (depositor) to transfer securities to another depository/registrar, an application for participation in the auction, an application for interest in the acquisition property, an offer for the purchase price of the lot, powers of attorney for participation in a meeting of creditors for individuals and legal entities, an application for termination of the contract and closure of the account, a form for submitting bank details for the transfer of funds as part of settlements with creditors, as well as an application for payment of wages for bank employees.
Among other things, the DIA official website has information on loan repayment for borrowers. Here you can find the name of the bank, a link to a publication with bank details, as well as contact persons for issues related to loan repayment.
The section “Liquidation of Banks” also answers questions regarding what creditors of a bankrupt bank should know, as well as what a creditor should do if the bank goes bankrupt, and a borrower should do after the bank’s license is revoked.
In addition, the official website allows you to find answers to questions regarding the moratorium, satisfaction of creditors’ claims, and meetings (committees) of creditors. It also contains information for depositors on the procedure for making payments to the Bank of Russia, as well as information on the procedure for closing an account in a liquidated bank.
Bank Liquidation - Questions and Answers DIA official website liquidation of banks is also general information about the activities of the Deposit Insurance Agency regarding the liquidation of banks. Thus, in accordance with federal laws No. 395-1 “On banks and banking activities” dated December 2, 1990 and No. 127-FZ “On insolvency (bankruptcy)” dated October 26, 2002, the DIA is engaged in managing bankruptcy (liquidation) procedures of credit institutions.
The agency is appointed as a bankruptcy trustee (liquidator) in the event of bankruptcy of absent credit institutions-debtors, in the event of removal of a bankruptcy trustee who is an individual, and also if the credit organization had a license from the Bank of Russia to attract funds on deposits of individuals.
Federal Law “On Insolvency (Bankruptcy)” dated October 26, 2002 N 127-FZ The DIA is entrusted with solving the problems of establishing and settling creditors' claims, forming a bankruptcy estate, ensuring the safety of the property of a liquidated credit organization, making settlements with creditors, and identifying the circumstances of bankruptcy.
The DIA exercises the powers of the bankruptcy trustee (liquidator) through its representatives, who act on the basis of a power of attorney, in accordance with the instructions of the Deposit Insurance Agency on behalf of the credit institution being liquidated.
The official website of the DIA also allows you to familiarize yourself with the list of banks for which liquidation procedures are in progress, as well as the list of banks whose liquidation has been completed.
Bank liquidation - Lists By selecting a specific bank from the list, you will be able to obtain more complete information on it. Here you can also find information about liquidation, insured event, as well as loan repayment and details.
In addition to materials relating to such issues as the liquidation of banks, the DIA official website also has a number of other useful materials related to insurance and liquidation, and other issues related to the activities of the Deposit Insurance Agency.
The Supreme Court (SC) of the Russian Federation, assessing the legitimacy of the auction for the sale of 100% of the shares of the bank “Let's Go!” to Sovcombank, for the first time in practice raised the question of the legality of closed auctions held by the Deposit Insurance Agency (DIA). At a new consideration of the case, the Supreme Court recommended that the arguments about the agency’s violations in organizing the tenders be more carefully examined. Experts do not rule out that the results of the auction for the sale of the Let's Go! During the new trial, the cases will be overturned.
Yesterday, the reasoning part of the Supreme Court’s ruling in the case of challenging the auction for the sale of shares of the bank “Let’s Go!”, conducted by the DIA, was made public. The Supreme Court sent the case for a new consideration, including to verify whether the deal was a sham.
100% shares jar "Let's go!" owned Probusinessbank (license revoked in 2015). The DIA held trades in a closed form, during which the price “Let's go!” dropped by almost half. The winner was the only bidder - Sovcombank, which resold 75% of the shares to a group of top managers of the Russian Capital bank (at that time it was 100% owned by DIA).
When transferring the case to the first instance, the Supreme Court drew attention to three important points. The first is a closed form of bidding. DIA and Sovcombank explained this by the need to obtain the consent of the Central Bank to purchase 10% of the bank's shares. However, the Supreme Court pointed out: the law provides only closed trading for transactions with “property limited in circulation,” which does not include bank shares, and obtaining consent from the Central Bank in this case is not an argument. The second point is the short deadline for submitting applications, one and a half days. The Supreme Court noted that the goal of bankruptcy auctions is “to obtain the greatest revenue for settlements with creditors,” but it is unclear whether the time provided by the DIA met this goal, and whether potential buyers had the opportunity “to have time to prepare an application with all the documents in such a shortened time period "
Another important point is that the Supreme Court heard the plaintiff’s arguments about the existence of an “indirect interest” with the DIA of the operator of the electronic platform where the auction took place. The Supreme Court emphasized that “contrary to the agency’s objections,” the law contains a “prohibition on the provision of services during bidding by an operator interested in relation to the insolvency administrator.”
Sovcombank does not see any problems in connection with this court decision. “The bidding is valid and, in our opinion, will remain so. It can be assumed that the courts will have to examine issues related to the organization of tenders, but this is not the responsibility of the successful bidder.” The bank also considers it “unlikely” for the shares to be returned to the bankruptcy estate. They don’t see any threat to their reputation: “Sovcombank purchased shares at an auction, giving the best price.”
According to the head of the initiative group of independent creditors of Probusinessbank Nerses Grigoryan, this is the first significant victory for creditors. “There are other episodes in a bank bankruptcy where related parties act, and as a result, damage is caused to the bankruptcy estate,” he said.
Lawyers see the enormous importance of the dispute for judicial practice. “For the first time, at the Supreme Council level, an approach has been formed about the inadmissibility of selling bank shares in closed auctions,” emphasizes advisor to Saveliev, Batanov & Partners Radik Lotfullin. Senior lawyer of AB AGP Dmitry Yakushev notes that the Supreme Court “expressed detailed and unequivocal agreement with the applicant’s arguments,” so there is a “very high probability” that the auction will be canceled for a new consideration. However, he believes that there may not be repeated trading, the shares have been resold to third parties, so it will be easier to recover the value of the shares from Sovcombank.
The DIA will have to take into account the position of the Supreme Court, experts are sure. “The agency must adjust the rules for tendering to eliminate the risk of challenging them in the future,” says Radik Lotfullin. First of all, the creditors themselves will more closely monitor the legality of the agency’s actions, adds Dmitry Yakushev.
DIA Kommersant stated that they saw no reason to invalidate the auction, the parties’ arguments remained open, and the court pointed out the need for additional research. The agency insists that their trading “allows us to competitively determine the best conditions for the sale of property,” and “during the first and repeated trading in shares of the Let’s Go!” there was no other person who declared a desire to buy the shares other than the winner.”
Anna ZANINA, Veronica GORYACHEVA
The Deposit Insurance Agency put up for auction the rights to claim the debts of more than 6 thousand clients of bankrupt banks. Almost all debts are offered at a discount: in some places it reaches only a few percent, but you can buy a ten-million dollar debt for a few thousand. As the agency notes, the borrower himself can buy them: anyone has the right to participate in the auction.
DIA launched a website similar to Avito.ru at the end of 2015. Through it, the agency sells property remaining from liquidated banks: from land plots, shares and apartments to computer mice and office chairs. In total there are more than 10 thousand lots. The cost of all property exhibited on the site is estimated at 150–200 billion rubles.
The volume of sales is not decreasing: the Central Bank’s cleanup of the banking sector is bringing more and more victims to the DIA. Currently, the agency is liquidating about three hundred banks and three dozen non-state pension funds. Their total assets are 3 trillion rubles. At the same time, the debts of citizens and companies account for two-thirds of the total amount in this share, and the remainder is real estate, office and banking equipment, furniture, and cars.
Previously, the site mainly featured furniture and real estate, and sometimes at quite ridiculous prices. Last year you could buy a leather sofa for 37 rubles or a glass shelving unit for 25 rubles. True, pick-up from Sakhalin Island - it was there that the branch of Vneshprombank was located, the property of which was auctioned. Currently, you can buy a computer mouse for 64 rubles or a keyboard for 94 rubles 50 kopecks. True, you will have to go to the Stavropol Territory to get them. You can also buy intellectual property - for example, the logo of the bankrupt AF Bank for 360 rubles.
Now debts have appeared on the site. So far we are talking about several thousand debtors. Among them are a variety of people, but there are also debts of top management of bankrupt banks. For example, the chairman of the board of the former Mira Bank, Tatyana Nikolaeva. Her debt of 30 thousand euros is sold for only 87 thousand rubles.
The DIA press service did not answer Life’s questions about whether this practice will continue and how many total debts of individuals will be put up for sale. Collection agencies note that they are not interested in purchasing debts on the site.
Professional collectors are not ready to buy all debts. Most large collection agencies are technologically designed for “conveyor” work with large debt portfolios,” notes Boris Voronin, director of the National Association of Collection Agencies. - Not everyone is engaged in individual work with individual debts, especially from private creditors; the cost of such collection is much higher than when working with debt portfolios. In addition, before purchasing, creditors always evaluate the quality of debts and the possibility of collection. About a third of transactions between banks and collection agencies remain unclosed: collectors are not ready to buy debt portfolios for which there is insufficient information disclosed, or if the portfolio is of poor quality overall. Most likely, these debts put up for sale are practically hopeless, which is why they are sold at a low price.
However, they may be of interest to the debtors themselves: the fact is that there is a chance that from next year, which is still inviolable for collectors. Buying a debt is not particularly difficult: anyone can register on the DIA website. To participate in the auction, you need to make a deposit of 10% of its initial cost. In the future, this money will be returned to all losers.
However, sometimes the debtors themselves from the DIA database, whom Life managed to reach, claim that this is the first time they have heard about the debt. For example, Denis Mayants learned from Life that his debt of 17 thousand 480 rubles is being sold on the DIA site for 3146 rubles.
This is a complete surprise for me,” he says. - I once took out a loan from Metrobank, but I repaid it in full long ago and was sure that in principle there could be no debt. I’ll look into it and then decide whether to buy it out or use some other methods.
It is much more difficult to buy your debt at a discount from collection agencies themselves. Although some of them often carry out various promotions on discounts and debt restructuring.
It is often easier to negotiate with collectors than with banks, which are concerned about various requirements of the Central Bank and the problem of reserves. Collectors are more likely interested in the quick receipt of cash, albeit in a smaller volume, so debtors should enter into negotiations and try to achieve a profitable deal, says Voronin.
However, some collection agencies have already turned to the FSSP with a request to provide them with the opportunity to sell individual debts at a discount through the FSSP website.
We are now proposing, and have already discussed this topic with the director of the bailiff service, to create a redemption scheme through the system of a data bank of enforcement proceedings,” says Dmitry Zhdanukhin, General Director of the Collection Development Center. - That is, so that it is possible to sell at a discount those debts that have already been settled. Now there is only a button to “pay off” the debt without a discount, and anyone can do this for the debtor, be it a friend or an enemy, who will thus redeem the debt and be able to make claims themselves. It’s not that collection agencies underestimate the possibility of selling individual debts, it’s just that in terms of paperwork and servicing it will cost them too much.