number of problem banks in Ukraine gradually diminishes, they become public or to join the list of closing. But the second version of the little pleasure of creditors, that is, people who have entrusted their savings to the bank. Moreover, therein lies a threat to them did not return their money because financial institution is not obliged to inform about his “disappearance” …

in Ukraine since the beginning of the crisis bank deposits represent a roulette wheel - red, black, zero … It is not clear whether the bank will be able to survive the hard times, well, and the client with him. Usually depozitchikov problem finuchrezhdeniy nobody counts. Is that the Deposits Guarantee Fund, after the regulator announced the liquidation of the bank. But the price suggests significant figures …

According to the economist of the International Center for Advanced Studies Alexander Acorn, in large banks by the affected investors to hundreds of thousands, in small - a thousand.

expert believes that the Ukrainian troubled banks, both domestic and foreign investors are not really interested. And the situation with the elections, which could “drag on”, does not make them attractive. So it turns out, all the National Bank extends and extends the moratorium on the issuance of deposits in several banks, despite the fact that in some it ends in February. Therefore, as noted Zholud, if banks can not solve their problems, find support in the face of the state or the investor, in the long term, they can be eliminated. Zholud stresses that after some time, this scenario becomes a reality for small banks.

It is desirable to note that the size of the Deposit Guarantee Fund for natural persons has 1 January 2010 amounted to 4,303 billion UAH. For example, the payment of deposits of the bank “Nadra” will need about 8 billion UAH. What is already talking about the small banks to meet their depositors” money is simply not … remains to be glad for pharmacists, the situation will significantly increase sales in pharmacies antistress drugs …

How could still get their money if the bank imposed a moratorium?

Partner law office Adler & Partners, a lawyer Vadim Sadovaya notes that this opportunity provides the Law “On Banks and Banking Activity”: a temporary administrator has the right to continue or terminate any bank”s operations, to perform any act, make decisions on behalf of the Bank . That is, from him, and depends whether the client to take their money, time, for what he wanted them in times of crisis.

fact remains - some administrators still returned deposits to customers if the money was needed for urgent surgery or stepped force majeure.

Also, there is hope for return of deposit in the event of the liquidation procedure of the bank. However, the promise will indeed have to wait for three years, as much devoted to the process since the withdrawal of banking licenses. During this period, customers can get their money. But the National Bank has the right to extend the procedure for another year, and possibly two, if the system-making bank, said B. Sadovaya. Therefore, the appearance in the depositors in the bank as temporary administrator, and a moratorium on satisfaction of their claims must accurately track the time when things will improve and the bank will resume work, or worse - then it is important not to miss the announcement of early elimination. In the last version of the client will be a month to submit a bank statement demanding return on investment. “The liquidator ceases to accept the claims of creditors at the end of one month from the date of publication of the announcement of the beginning of the liquidation process. Claims arising from the expiration of the deadline will not be reviewed and considered to be extinguished,” - explains Sadovaya.

Council lawyers in this matter to be especially vigilant. “The law does not oblige the liquidator to notify each creditor of the beginning of the liquidation procedure, which is a major disadvantage,” - emphasizes Sadovaya.

Another legislative “gaffe”. In any event, not every lender can recover their money. “Everything depends on the liquidator of the bank, the size of the bank”s assets and the amount of money received as a result of the sale of property (property rights) owned by the bankrupt. Requirements unmet due to lack of assets, are extinguished,” - said Sadovaya.

Requirements investors-physical persons in the amount of 150 thousand UAH. repaid the Deposit Guarantee Fund. A “claim” to a larger sum being met from the assets of a bankrupt, and in order of priority, as well as requirements for legal persons.

few words about the priorities. Funds received as a result of the liquidation procedures are directed to the satisfaction of creditors” claims in the following order:

1) obligations arising out of injury to life and health of citizens (for example, an accident at work);

2) requirements for wages, arising from the Bank”s liabilities to employees before the initiation of liquidation procedures;

3) demands the Deposit Guarantee Fund physical persons;

4) the requirements of investors-physical persons in the part exceeding the amount paid by the Deposit Guarantee Fund;

5) The requirements of the National Bank, resulting from the reduction of value of collateral provided for the refinancing of loans; 6), the Finance Ministry, arising from the provision of returnable financial assistance except for contributions to charter capital;

6), natural persons, whose payment or payments in the name of which are locked (except MAP);

7) other requirements except the requirements for subordinated debt, requirements for subordinated debt.

Ukrainian practice liquidation of banks is poor. On the one hand, it is well - catch up with the other - many customers simply do not know what to do in such cases. Recommend be only one - to monitor closely the actions of the regulator on the bank and quickly read the law in this area. Otherwise, how Myunhauzenu pull itself out of the lake for the scythe will each have their own …

Julia Glavatskaya

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