In Russia, the procedure for liquidating a creditthe institution is regulated by the Federal Law "On Banks and Banking Activities", the Federal Law "On the CBRF". It can last several years. The essence is the following: a temporary administration is introduced into the bank. If it can not independently stabilize the activities of the organization or find sponsors, then the Bank of Russia liquidates the institution, having previously withdrawn a license from it.
Prerequisites
Liquidation of a bank and withdrawal of a license can occur for the following reasons:
- the commencement of operations has been delayed by more than a year from the date of receiving the permit
- reorganization;
- the unreliability of the data on the basis of which the license was issued was established;
- information in the reporting is not true;
- carrying out operations without obtaining permission;
- failure to comply with the requirements of the Federal Law regulating the activities of credit institutions;
- poor financial position of the bank.
In the case of a single violation of the FZ firstan order is sent to terminate certain activities of a particular organization. The same information is received by the Banking Supervision Department. If the consequences of violations are not eliminated within the specified time, then more stringent measures of intervention are applied to the institution — a temporary administration is introduced. Even during its validity period, the bank may continue to perform operations:
- settle accounts receivable;
- receive a return of previously issued loans, advance payments, amounts to repay the Central Bank;
- receive funds from previous transactions and transactions;
- return erroneously credited money;
- carry out operations on executive documents, etc.
Commission
Если кредитное упреждение обанкротилось, то the bank is liquidated by bankruptcy proceedings, the arbitration court appoints the manager. Organizations that can attract deposits from individuals and legal entities undergo this process at the Deposit Social Insurance Agency (DIA). The Bank of Russia analyzes transactions for compliance with regulations and legal acts. If a decision is taken to liquidate, then within 30 days after the revocation of the license, a special commission is created that regulates this process. Reserves from the Bank of Russia are transferred to the correspondent account 10 days after its opening. They are used to cover debts to depositors.
The Commission carries out the following procedures:
- notifies depositors through the media that a commercial bank is being liquidated (the announcement also indicates the address of the commission, account details, the deadline for submitting claims);
- makes the register of creditors;
- carries out operations for the safety of property;
- collects DZ;
- sells the mortgaged property;
- conducts property valuation;
- analyzes the penalties provided;
- puts the property up for auction in case of lack of funds from the bank;
- prepares reports, interim balance sheet.
Bank liquidation is considered complete afterfixation of data in the book of registration and publication in the Bulletin of the BR. The institution may again issue a license if the bankruptcy case is suspended by repaying the obligations within 6 months from the moment the license was revoked. To obtain a new permit, you need to have assets at the minimum cost of 180 million rubles.
Statistics
The liquidation of banks in 2014 showed thatThe sector is the most problematic in the country's economy. Even today, out of the fifty largest institutions, problems in the next 5 years can occur in 8%. During the period from 2011 to 2014, every fourth small bank lost its license, 70 regional and 30 medium ones. Several large organizations fell under reorganization. Last year alone, 50 institutions fell under the procedure of recovery.
Over the past 10 years, the liquidation of banks and theirthe recovery cost the DIA to 1.18 trillion rubles, of which a third was directed to the payment of deposits, and the rest was spent on rehabilitation. And this is not counting payments to depositors of institutions that did not fall into the CER. Today, DIA is engaged in the withdrawal of 190 more institutions from the market.
Cost recovery
Liquidation of banks due to recovery of assetsallows you to return a quarter of the amount spent. Although 10 years ago this figure was 5%, today's 22% can hardly be called high. Statistics for 2014-2015 will not appear soon. But even according to the available data, we can say that the numbers will not change much. The real size of the assets of banks without a license is 63.3 billion rubles, liabilities - 100 billion more. That is, lenders can expect to return no more than 38% of claims.
Sanitation is expensive
Approximately 37% of assets are sanitized by the state.This is a very high figure, especially when you consider that the procedure takes place by lending to institutions on very favorable terms: 10 years at 0.51% per annum. That is, even a loan refund can be attributed to the costs of rehabilitation. Therefore, the Central Bank does not always make decisions about the rehabilitation of the institution. Often the liquidation of the bank is cheaper.
The situation in Ukraine
У соседей ситуация обстоит не лучше.Only in 2014, the NBU took the license from 49 organizations. The worst result (10.1 billion loss) showed VAB Bank (Ukraine), the liquidation of which has already begun. Two government agencies - Ukrexim and Oschadbank - also suffered losses in the amount of 9.8 billion and 8.6 billion UAH. respectively. In addition to the difficult economic and political situation in the country, the devaluation of the national currency, the growth of loan defaults and the outflow of deposits played a significant role in this matter.
