Notice of auction. Closed auctions of the DIA were opened to the court on the site of the deposit insurance agency
Date: 07/11/2018
State Corporation "Deposit Insurance Agency" (109240, Moscow, Vysotskogo St., 4, e-mail address: ) (hereinafter referred to as the Organizer of the auction), 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 FCRB Bank (LLC FCRB Bank, registration address: 119454, Moscow, Lobachevsky St., 27, TIN 7701138419, OGRN 1027739125303 ) (hereinafter referred to as a financial organization), conducts electronic auctions in the form of an open auction with a closed form for submitting proposals at the price of acquiring the property of a financial organization (hereinafter referred to as the Auctions).
The subject of the Trades are the following securities:
(in parentheses, including the size of the share in the authorized capital) – initial sale price of the lot
Lot 1 - Shares of JSC "National Bureau of Credit Histories", TIN 7703548386, reg. number 1-01-10567-A, face value - 100 rubles, 6,300 pcs. (0.64%), Moscow - 18,699,290.40 rubles.
Detailed information about the composition of the lot of the financial organization can be found on the websites of the Organizer of the auction 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, following 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 site of LLC "Realization Center" - www.centerr.ru will be held repeated bidding unsold lot with a decrease in the initial price of the lot by 10 (ten) percent.
The operator of the electronic site LLC "Realization Center" - www.centerr.ru (hereinafter referred to as the Operator) ensures the conduct of the Bidding.
Acceptance by the Operator of applications and offers on the price of acquiring the property of a financial organization for participation in the first Auction begins at 00:00 Moscow time on July 18, 2018, and for participation in repeated Auctions begins at 00:00 Moscow time on September 6, 2018 Acceptance of applications for participation in the Auction and deposits is terminated at 14:00 Moscow time 5 (Five) calendar days prior to the date of the relevant Auction.
Based on paragraph 4 of Art. 139 of the 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 Auction).
PPP bidding will be held on the electronic site of LLC "Realization Center" - www.centerr.ru December 4, 2018 to January 22, 2019
Applications for participation in the PPP auction are accepted by the Operator starting from 00:00 Moscow time on October 29, 2018. Applications for participation in the PPP auction and deposits are closed 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 Auction, the Organizer of the auction determines the winner of the PPP Auction no earlier than 14:00 Moscow time on the first working day following the closing day for accepting applications for the corresponding lot sale price reduction period, and no later than 18:00 Moscow time the time of the last day of the corresponding period for reducing the sale price of the lot.
The Operator ensures the conduct of the Tendering PPP.
The initial sale prices of 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 accordance with the established procedure on the electronic site of Realization Center LLC - www.centerr.ru are allowed to participate in the Auctions and the PPP Auctions. In order to participate in the Auctions and Auctions of the PPP, the Applicant submits to the Operator an application for participation in the Auctions (Tradings of the PPP).
The application for participation in the Auction (Trading PPP) must contain: name, legal form, location, postal address (for a legal entity), last name, first name, patronymic, passport data, information about the place of residence (for an individual), number contact phone number, e-mail address, information about the presence or absence of the Applicant's interest in relation to the debtor, creditors, bankruptcy trustee (liquidator) and the nature of this interest, information about participation in the capital of the applicant bankruptcy trustee (liquidator), property price proposal.
To participate in the Auctions (Tradings of PPP) the Applicant submits to the Operator in electronic form an agreement on making a deposit signed with the Applicant's electronic signature. The Applicant is obliged, within the period specified in this notice, 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: the recipient of the payment is the State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810845250002051 in the Central Federal District of the Bank of Russia, Moscow 35, BIK 044525000. The name of the financial institution must be indicated in the purpose of payment , the name of the Applicant, the date of the Auction (the period of the Auction of the PPP), for participation in which a deposit is paid, the lot number. The applicant has the right to send a deposit to the above details without presenting a signed agreement on making a deposit. In this case, the transfer of the deposit by the Applicant is considered an acceptance of the deposit agreement placed on the electronic site.
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 making the deposit is the date of receipt of funds listed as a deposit to the account of the Auction Organizer.
The draft agreement concluded following the results of the Bidding (Trading PPP) (hereinafter referred to as the "Agreement") and the agreement on making a deposit can be found on the electronic site of Implementation Center LLC - www.centerr.ru.
The Applicant has the right to change or withdraw an application for participation in the Auction (Trading of the PPP) no later than the deadline for submitting applications for participation in the Auction (Trading of the PPP), by sending a notification to the Operator.
The Organizer of the auction considers the applications submitted by the Applicants to the Operator with the documents attached to them, establishes the fact of receipt of deposits to the account of the Organizer of the auction within the time period specified in this message, and, based on the results, makes a decision on admission or refusal to admit the Applicant to participate in the Auction (Trading PPP). Non-receipt of the deposit to the account of the Organizer of the auction specified in this message, or receipt of the deposit after the expiration of the period specified in this message, or receipt of the deposit in an amount less than that specified in this message, are grounds for refusing to allow the Applicant to participate in the Auction ( Tendering PPP). Applicants admitted to participate in the Bidding (Trading PPP) are recognized as participants in the Bidding (Trading PPP) (hereinafter referred to as Participants). The Operator sends notifications to all Applicants about their recognition as Participants or about refusal to recognize them as Participants.
In the event that two or more Bidders have offered an equal price per lot, but not lower than the initial sale price of the lot, the Participant who submitted an application for participation in the Auction earlier than the other specified Participants is recognized as the Winner.
The results of the Auction are documented in the protocol on the results of the Auction on the day of the auction. The Protocol on the results of the Auction, approved by the Organizer of the auction, is posted on the electronic site of LLC "Realization Center" - www.centerr.ru.
PPP Bidding Winner(hereinafter also referred to as the “Winner”), a Participant is recognized who submitted an application for participation in the PPP Auction within the established period, containing a proposal for the price of the property of a financial institution, but not lower than the initial sale price of the property established for a certain period of the PPP Auction, in the absence of proposals from other Participants .
In the event that several Participants submitted bids within the established period containing various proposals for the price of the property of a financial institution, but not lower than the initial sale price of property established for a certain period of the VPP auction, the right to purchase property belongs to the Participant who offered the maximum price for this property.
In the event that several Participants submitted bids within the established period containing equal proposals for the price of property, but not lower than the initial sale price of property established for a certain period of the PPP auction, the right to purchase property belongs to the Participant who was the first to submit an application for participation within the established period in the PPP auction.
From the date of determining the Winner of the PPP auction for each lot, the acceptance of applications for the corresponding lot is terminated. The Protocol on the results of the Tendering PPP, approved by the Organizer of the Tendering, is posted on the electronic site of LLC "Realization Center" - www.centerr.ru.
The organizer of the auction within 5 (Five) days from the date of signing the protocol on the results of the Auction (PPP auction) sends the Winner to the e-mail address specified in the application for participation in the Auction (PPP auction) a proposal to conclude an Agreement with the 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 Auction (Trading of the PPP), the offer to conclude the Agreement and the draft Agreement, sign the Agreement and no later than 2 (Two) days from the date of signing send it to the organizer of the auction. The Winner is obliged to immediately notify the Auction Organizer about 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 refusal (avoidance) of the Winner from concluding the Agreement. The amount of the deposit made by the Winner is counted towards the price of the purchased lot.
The winner is obliged to pay the seller within 30 (thirty) days from the date of conclusion of the Agreement the sale price of the lot determined at the Auction (PPP Auction), minus the deposit made earlier, according to the following details: the recipient of the payment is the State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810145250003051 with the Main Directorate of the Bank of Russia for the Central Federal District, Moscow 35, BIC 044525000. In the purpose of payment, you must indicate the name of the financial institution and the Winner, the details of the Agreement, the lot number and the date of the Bidding (the period of the Bidding PPP). In the event that the Winner fails to fulfill his obligations specified in this message, the Organizer of the auction and the seller are released from all obligations related to the conduct of the Bidding (Trading PPP), with the conclusion of the Agreement, the deposit made by the Winner is not returned to him, and the Bidding (Trading PPP) are declared invalid.
The Deposit Insurance Agency put up for auction the rights of claim on the debts of more than 6,000 clients of bankrupt banks. Almost all debts are discounted: somewhere it reaches only a few percent, but you can buy a ten millionth debt for a few thousand. As noted in the agency, the borrower himself can buy them: anyone has the right to participate in the auction.
The DIA website, similar to Avito.ru, was launched at the end of 2015. Through it, the agency sells the property left over from liquidated banks: from land plots, shares and apartments to computer mice and office chairs. In total more than 10 thousand lots. The cost of all property exhibited at the site is estimated at 150-200 billion rubles.
The volume of sales is not decreasing: the clearing of the banking sector by the Central Bank brings 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 rest is real estate, office and banking equipment, furniture, and cars.
Previously, the site was mainly attended by mainly furniture and real estate, and sometimes at quite ridiculous prices. Last year, you could buy a leather sofa for 37 rubles or a glass rack for 25 rubles. True, self-pickup from Sakhalin Island - it was there that the branch of Vneshprombank was located, the property of which went under the hammer. Currently, you can buy a computer mouse for 64 rubles or a keyboard for 94 rubles 50 kopecks. True, they will have to go to the Stavropol Territory. And you can also buy intellectual property - for example, the logo of the bankrupt AF Bank for 360 rubles.
Now debts have also appeared on the site. While we are talking about several thousand debtors. Among them are a variety of people, but there are also debts of the top management of bankrupt banks. For example, the chairman of the board of the former Mira-Bank, Tatiana Nikolaeva. Her debt of 30 thousand euros is sold for only 87 thousand rubles.
The press service of the DIA did not answer Life's questions about whether this practice would continue and how much debt of individuals would be put up for sale. The collection agencies note that they are not interested in buying debts on the site.
Professional collectors are not ready to buy all debts. Most of the large collection agencies are technologically geared towards "conveyor" work with large debt portfolios, - notes Boris Voronin, director of the National Association of Collection Agencies. - Far from 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 portfolios of debts. In addition, before buying, collectors always evaluate the quality of debts, 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 information is insufficiently disclosed, or if the portfolio as a whole is of poor quality. Most likely, these debts put up for sale are practically hopeless, which is why they are sold at a low cost.
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 claimants. Buying debt is not difficult: anyone can register on the DIA website. To participate in the auction, you need to make a deposit in the amount of 10% of its initial cost. In the future, this money will be returned to all the losers.
However, sometimes the debtors themselves from the DIA base, whom Life managed to get through, claim that they are hearing about the debt for the first time. For example, Denis Mayants learned from Life that his debt of 17,480 rubles was being sold on the DIA site for 3,146 rubles.
It comes as a complete surprise to me,” he says. - Once I took a loan from Metrobank, but I repaid it in full a long time ago and was sure that there could be no debt in principle. I will understand and then decide whether to buy it or act by some other methods.
It is much more difficult to buy your debt at a discount from collection agencies themselves. Although some of them often hold various promotions for 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 interested in the quick flow of cash, albeit in a smaller amount, so debtors should enter into negotiations and try to get a good deal, says Voronin.
However, some collection agencies have already turned to the FSSP with a request to allow them to sell individual debts at a discount through the FSSP website.
Now we are proposing, and we have already discussed this topic with the director of the bailiff service, to create a buyout scheme through the system of a data bank of enforcement proceedings, - says Dmitry Zhdanukhin, general director of the Collection Development Center. - That is, to be able to sell at a discount those debts that have already been sued. Now there is only a button to "pay" the debt without a discount, and anyone can do it for the debtor, even a friend, even an enemy, who will thus redeem the debt and be able to make claims himself. Collection agencies do not underestimate the possibility of selling individual debts, just in terms of paperwork, it will cost them too much to service them.
The Supreme Court (SC) of the Russian Federation, assessing the legitimacy of the auction for the sale of 100% of the shares of Podem Bank to Sovcombank, for the first time in practice raised the question of the legality of closed auctions conducted by the Deposit Insurance Agency (DIA). At the new consideration of the case, the Supreme Court recommended to carefully check the arguments about the agency's violations in organizing the auction. Experts do not rule out that the results of the auction for the sale of Podem! in the course of a new trial, the cases will be canceled.
Yesterday, the reasoning part of the decision of the Supreme Court in the case of disputing 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 back for a new trial, including to check whether the transaction was sham.
100% shares bank "Let's go!" owned by Probusinessbank (license revoked in 2015). The DIA conducted the trades in a closed form, during which the price "Let's go!" has almost halved. 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 the DIA).
Transferring the case to the first instance, the Supreme Court drew attention to three important points. The first is a closed form of trading. DIA and Sovcombank explained this by the need to obtain the consent of the Central Bank to purchase from 10% of the bank's shares. However, the Supreme Court pointed out that the law provides only closed auctions for transactions with “restricted property”, 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 the bankruptcy auction is “to obtain the greatest proceeds for settlements with creditors”, but it is not clear whether the time provided by the DIA met this goal, and whether potential buyers had the opportunity to “manage to prepare an application with all documents in such a shortened time period ".
Another important point - the Supreme Court heard the plaintiff's arguments about the presence of "indirect interest" from the DIA of the operator of the electronic site where the auction took place. The Supreme Court stressed that "contrary to the objections of the agency", the law contains "a ban on the provision of services during the auction by an operator interested in relation to the arbitration manager."
Sovcombank sees no problems in connection with this court decision. “The auction is valid and, in our opinion, will remain so. It can be assumed that the courts will have to investigate issues related to the organization of the auction, but this is not the responsibility of the winner of the auction. The bank also considers it "unlikely" to return the shares to the bankruptcy estate. They do not see any threat to their reputation there: "Sovcombank acquired 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 of creditors. “There are other episodes in the bankruptcy of a bank where related parties act, and as a result, damage is caused to the bankruptcy estate,” he said.
Lawyers, on the other hand, see the great importance of the dispute for judicial practice. “For the first time at the level of the Supreme Council, an approach has been formed on the inadmissibility of selling bank shares at closed auctions,” says Radik Lotfullin, adviser to Saveliev, Batanov & Partners. Dmitry Yakushev, Senior Associate at AB AGP, notes that the Supreme Court “expressed in detail and unambiguously agreed with the applicant's arguments”, therefore, “there is a very high probability” that the auction will be canceled on 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 Armed Forces, experts are sure. “The agency should adjust the rules for bidding to eliminate the risk of challenging them in the future,” says Radik Lotfullin. First of all, creditors themselves will more closely monitor the legality of the agency's actions, Dmitry Yakushev adds.
The DIA "Kommersant" said that they see no reason to invalidate the auction, the arguments of the parties remained open, but the court indicated the need for additional research. The agency insists that their auctions "allow on a competitive basis to determine the best conditions for the sale of property," and "during the first and repeated trading in the shares of the bank "Let's go!" there was no other person who would have declared a desire to buy shares, except for the winner.
Anna ZANINA, Veronika GORYACHEVA
The official website of the DIA is an Internet resource that allows you to get acquainted with the entirety of information related to the activities of the Deposit Insurance Agency, which has existed since 2004.
Among other things, the web resource provides information related to such an issue as the liquidation of banks. You can go to the necessary materials through the corresponding tab of the main menu or by 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 get acquainted with the agency's details for repaying debts on loans from liquidated banks. It also contains information about changing the schedule for accepting cash to pay off debts on the holidays.
DIA official website - Liquidation of banks
Also here are the forms of documents for the liquidation of banks. Among them are the form of the creditor's demand, the approximate text of the power of attorney to represent the interests of the creditor during the bankruptcy proceedings (liquidation) of the bank, the approximate form of the client's (depositor's) application for the transfer of securities to another depository/registrar, an application for participation in trading, an application of interest in acquiring property, offer at the purchase price of the lot, powers of attorney for participation in the meeting of creditors for individuals and legal entities, application for termination of the contract and closing of the account, form for submitting bank details for transferring 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 the publication with bank details, as well as contact persons for issues related to loan repayment.
The section “Liquidation of banks” is also answers to questions regarding what creditors of a bankrupt bank should know, as well as what a creditor should do if a bank goes bankrupt, and what a borrower should do after revoking a license from a bank.
In addition, the official website allows you to get acquainted with the answers to questions regarding the moratorium, satisfaction of creditors' claims, meetings (committees) of creditors. It also contains information for depositors on the procedure for making payments by the Bank of Russia, as well as information on the procedure for closing an account in a bank in liquidation.
Bank Liquidation - Questions and Answers
DIA official website liquidation of banks - this is also general information about the activities of the Deposit Insurance Agency regarding the liquidation of banks. Thus, according to federal laws No. 395-1 “On banks and banking activity” dated December 2, 1990 and No. 127-FZ “On insolvency (bankruptcy)” dated October 26, 2002, the DIA manages bankruptcy (liquidation) procedures of credit institutions.
The Agency is appointed as a bankruptcy trustee (liquidator) in case of bankruptcy of absent credit institutions-debtors, in case of removal of a bankruptcy trustee - an individual, and also if the credit institution had a license from the Bank of Russia to raise funds in deposits of individuals.
Federal Law "On Insolvency (Bankruptcy)" dated October 26, 2002 N 127-FZ
The DIA is entrusted with solving the tasks of establishing and settling creditors' claims, forming a bankruptcy estate, ensuring the safety of the property of a liquidated credit institution, making settlements with creditors, and identifying the circumstances of bankruptcy.
The powers of the bankruptcy trustee (liquidator) are exercised by the DIA 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 liquidated credit institution.
The official website of the DIA also allows you to get acquainted with the list of banks, the liquidation procedures for which are in progress, as well as the list of banks, the liquidation of which has been completed.
Bank Liquidation - Lists
By selecting a specific bank from the list, you can get 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 related to the issue of 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.