Ukrainian President Viktor Yushchenko signed the Law On Amendments to Certain Legislative Acts of Ukraine regarding the characteristics of the activities on the financial health of banks. The Act, which was signed on July 24, 2009, was posted on the official website of the Head of State. Recall, 24 July The Verkhovna Rada adopted in the whole of the Act.
provisions of law relating to, inter alia, facilitated the reorganization of the order of the banks, the transfer of their assets and liabilities, reducing the authorized capital of the bank in carrying out financial recovery plan as part of the interim administration, the characteristics of the moratorium on implementation of obligations to creditors.
In particular, it provides in order to ensure the bank's capitalization, with the participation of the state, the temporary administrator is required to obtain diagnostic material, the conclusion generally accepted auditing company of Capital Bank's evaluation, conducted in the manner approved by the National Bank of Ukraine, and, if necessary, in consultation with the National Bank of Ukraine to decide on an appropriate adjustment (increase or decrease) of the authorized capital of the bank.
also provides that if the amount of capital the bank, some of the results of the audit is less than the amount of authorized capital, the temporary administrator is required within three days from the date of the harmonization of the National Bank of Ukraine the decision of the interim administrator to decrease the authorized capital of the Bank to amend the charter of the Bank, participated in the capitalization of which is the State.
Also, the law establishes a special procedure for reduction of the authorized capital of the bank, when the amount of capital, as defined by generally accepted auditing is less than the authorized capital of the bank and planned to enter the state.
It is envisaged that, in contrast to the general procedure is the reduction of capital does not require the consent of the creditors and does not entail they have the right to demand early termination or the performance of the obligations of society and redress his loss.
At the same time, the law specifies a list of information which should include a proposal of National Bank of Ukraine concerning the capitalization of banks and the withdrawal of the universally accepted auditing company.
Act proposed to establish that the exchange of information between the National Bank of Ukraine and the Ministry of Finance of Ukraine on the banks involved in the capitalization of which the State exercised without regard to order the disclosure of bank secrecy, a certain art. 62 Law of Ukraine On Banks and Banking Activity.
At the same time, the Act regulates the protection of the central apparatus of the Ministry of Finance of Ukraine, who are directly involved in resolving the issue concerning the State's participation in the capitalization of the bank.
Also, the law provides to extend until January 1st, 2013 nenalogooblozhenie individual deposits in the banking and non-bank financial institutions.
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