Debts at a discount. DIA proposes to buy out debts of depositors of collapsed banks

The Deposit Insurance Agency has laid out for the auction the rights of claim on the debts of more than 6 thousand clients of bankrupt banks. Almost all debts are discounted: somewhere it reaches only a few percent, but you can buy a ten-million-dollar debt for several thousand. As noted in the agency, the borrower himself can buy them: anyone who wishes has the right to participate in the auction.

DIA launched a website similar to Avito.ru at the end of 2015. Through him, the agency sells property left over from liquidated banks: from land plots, shares and apartments to computer mice and office chairs. More than 10 thousand lots in total. The cost of all property exhibited at the site is estimated at 150-200 billion rubles.

The volume of what is being sold 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, cars.

Previously, the site was mainly represented by 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, whose property went under the hammer. Currently, you can buy a computer mouse for 64 rubles or a keyboard for 94 rubles 50 kopecks. True, you will have to follow them 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 appeared on the site. While we are talking about several thousand debtors. Among them are very different 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" Tatyana Nikolaeva. Her debt of 30 thousand euros is sold for only 87 thousand rubles.

The DIA's press service did not answer Life's questions about whether this practice will continue and how much of the total debts of individuals will be put up for sale. Collection agencies point out 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 tailored for the "conveyor" work with large debt portfolios, - says 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 a purchase, collectors always assess the quality of debts, the possibility of collection. About a third of transactions between banks and collection agencies remain open: recoverers are not ready to buy debt portfolios for which information is insufficiently disclosed, or if the portfolio is generally of poor quality. Most likely, these debts put up for sale are practically hopeless, and therefore are sold for 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. It is not difficult to buy debt: 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 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 is being sold on the DIA site for 3146 rubles.

This is a complete surprise for me, ”he says. - Once I took a loan from Metrobank, but long ago I fully repaid it and was sure that there could be no debt in principle. I’ll figure it out and then decide whether to buy it out or act in some other way.

It is much more difficult to buy your debt at a discount from the collection agencies themselves. Although some of them often carry out various actions on discounts and debt restructuring.

It is often easier to negotiate with collectors than with banks, which are concerned about the different requirements of the Central Bank and the problem of reserves. Collectors are more likely to be interested in a quick receipt of cash, albeit in a smaller amount, 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 certain debts at a discount through the FSSP website.

Now we propose, and have already communicated on this topic with the director of the bailiff service, to create a buyout scheme through the database system 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 adjudicated. 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 just underestimate the possibility of selling individual debts, it will simply cost them too much for paperwork and servicing.

The official site of the DIA is an Internet resource that allows you to get acquainted with the full completeness of information regarding the activities of the Deposit Insurance Agency, which has existed since 2004.

Among other things, the website 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 acquaintance with the necessary materials.

In the section "Liquidation of banks" of the DIA, the official website allows you to familiarize yourself with the details of the agency for repayment of debt on loans of liquidated banks. It also contains information on changing the schedule for accepting cash to pay off debts on the pre-holiday days.

Also here are the forms of bank liquidation documents. Among them are the form of the creditor's claim, 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, the application for participation in the auction, the application of interest in the acquisition property, an offer at the purchase price of the lot, a power of attorney for participation in a meeting of creditors for an individual and a legal entity, an application for termination of the contract and closing an account, a 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 familiarize yourself with the name of the bank, a link to the publication with the bank's details, as well as contact persons on issues related to the repayment of the loan.

The section "Liquidation of banks" also provides answers to questions regarding what creditors of a bankrupt bank should know, as well as what a lender should know if the bank has gone bankrupt, and a borrower after revoking the bank's license.

In addition, the official site 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 from the Bank of Russia, as well as information on the procedure for closing an account in a bank in liquidation.

DIA official website liquidation of banks - this is also general information on the activities of the Deposit Insurance Agency, relating to the liquidation of banks. Thus, according to Federal Laws No. 395-1 "On Banks and Banking Activities" dated 02.12.1990 and No. 127-FZ "On Insolvency (Bankruptcy)" dated 26.10.2002, the DIA is in charge of managing bankruptcy (liquidation) procedures for credit institutions.

The agency is appointed as a bankruptcy commissioner (liquidator) in case of bankruptcy of absent credit institutions-debtors, in case of removal of a bankruptcy commissioner - an individual, and also if the credit institution had a license from the Bank of Russia to raise funds for deposits of individuals.

The DIA is entrusted with solving the tasks of establishing and settling the claims of creditors, forming the bankruptcy estate, ensuring the safety of the property of a liquidated credit institution, conducting settlements with creditors, and identifying the circumstances of bankruptcy.

The DIA exercises the powers of the bankruptcy commissioner (liquidator) through its representatives, who act on the basis of a power of attorney, in accordance with instructions from 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 the process, as well as the list of banks, the liquidation of which has been completed.

By choosing 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 such an issue as liquidation of banks, the DIA's 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 of the Russian Federation, assessing the legitimacy of the auction for the sale of 100% of the shares of Let's Go! Bank to Sovcombank, for the first time in practice raised the issue of the legality of closed auctions held by the Deposit Insurance Agency (DIA). At the new trial, the Supreme Court recommended to more closely check the arguments about the agency's violations in organizing the auction. Experts do not exclude that the results of the auction for the sale of Let's Go! in the course of a new trial, the cases will be canceled.

Yesterday, the reasoning part of the Supreme Court's ruling was made public in the case of challenging the bidding for the sale of Shares in Let's Go Bank, held by the DIA. The VS sent the case for a new examination, including to check whether the deal 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!" decreased by almost half. The winner was the only bidder, Sovcombank, which resold 75% of its shares to a group of top managers of Rossiyskiy Kapital Bank (at that time, DIA owned 100%).

When referring the case to the first instance, VS 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 for the purchase of 10% of the bank's shares. However, the Supreme Court pointed out: the law provides only for closed trading in transactions with "property with limited circulation", to which the bank's shares do not belong, 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 VS noted that the purpose of the bankruptcy bidding is “to obtain the largest proceeds for settlements with creditors,” but it is unclear whether the time provided by the DIA met this goal, and whether there was an opportunity for potential buyers “to have time to prepare an application with all documents in such a shortened time period ".

Another important point - the Supreme Court heard the arguments of the plaintiff 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 objections of the agency”, the law contains “a ban on the provision of services during tenders by an operator interested in relation to the bankruptcy commissioner”.

Sovcombank does not see any problems in connection with this court decision. “The trades are 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 Nerses Grigoryan, head of the initiative group of independent creditors of Probusinessbank, 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, the bankruptcy estate is damaged,” he said.

Lawyers, however, see the enormous importance of the dispute for judicial practice. “For the first time at the BC level, an approach has been formed on the inadmissibility of selling the bank’s shares in closed auctions,” emphasizes Radik Lotfullin, advisor to Saveliev, Batanov & Partners. Dmitry Yakushev, senior lawyer at AB AGP, notes that the Supreme Court "in detail and unambiguously agreed with the arguments of the applicant", therefore "there is a very high probability" of the cancellation of the bidding for a new consideration. However, he believes that there may not be repeated trades, the shares are resold to third parties, so it will be easier to collect the cost of 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 conducting tenders to eliminate the risk of challenging them in the future,” says Radik Lotfullin. First of all, the creditors themselves will closely monitor the legality of the agency's actions, adds Dmitry Yakushev.

The DIA "Kommersant" said that they saw no reason to invalidate the bidding, the arguments of the parties remained open, while the court pointed out the need for additional research. The agency insists that their bidding "allows to determine on a competitive basis the best conditions for the sale of property," and "during the first and repeated bidding in shares of the bank" Let's go! " there was no other person who would declare a desire to buy shares, except for the winner. "

Anna ZANINA, Veronika Goryacheva

Date: 11.07.2018

State Corporation "Deposit Insurance Agency" (109240, Moscow, Vysotsky st., 4, e-mail address:) (hereinafter referred to as the Bidding Organizer), which is based on the decision of the Moscow Arbitration Court dated September 21, 2016 No. in case No. A40-148779 / 16-124-252B by the bankruptcy commissioner (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 institution), conducts electronic trading in the form of an open auction with a closed form for submitting bids at the purchase price of the property of a financial institution (hereinafter referred to as the Bidding).

The subject of Trading is securities:

(the size of the share in the authorized capital is indicated in brackets) - the initial selling price of the lot

Lot 1 - Shares of JSC "National Bureau of Credit Histories", INN 7703548386, reg. number 1-01-10567-A, face value - 100 rubles, 6 300 pcs. (0.64%), Moscow - 18,699,290.40 rubles.

Detailed information on the composition of the lot of a financial institution can be found on the websites of the Trading Organizer www.torgiasv.ru, as well as in the sections “Liquidation of Banks” and “Sale of Property”.

Bargaining property of a financial institution will be held at 14:00 Moscow time August 27, 2018 www.centerr.ru. If, based on the results of the Bidding 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 repeated trades an unrealized 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 - the Operator) ensures the Bidding.

The Operator accepts applications and offers on the purchase price of the property of a financial institution for participation in the first Auction starts at 00:00 Moscow time on July 18, 2018, and for participation in repeated Auction starts at 00:00 Moscow time on September 6, 2018 Acceptance of applications for participation in the Auction and advance deposits shall be terminated at 14:00 Moscow time 5 (Five) calendar days prior to the date of the relevant Auction.

On the basis of clause 4 of Art. 139 of the Federal Law No. 127-FZ "On Insolvency (Bankruptcy)", the property of a financial institution not sold at repeated auctions is put up for auction in electronic form through a public offer (hereinafter referred to as the RFP Auction).

PPP Bidding will be held at the electronic site of LLC "Realization Center" - www.centerr.ru from December 4, 2018 to January 22, 2019

Applications for participation in the RFP Auction are accepted by the Operator, starting from 00:00 Moscow time on October 29, 2018. Acceptance of applications for participation in the RFP Auction and advance deposits shall be terminated 5 (Five) calendar days before the end date of the corresponding period for lowering the lot sale price in 14:00 Moscow time.

If there are applications for participation in the RFP Auction, the Bid Organizer determines the winner of the RFP Auction not earlier than 14:00 Moscow time on the first business day following the day of the end of acceptance of applications for the corresponding period of the lot sale price decrease, and no later than 18:00 Moscow time. time of the last day of the corresponding period of decrease in the selling price of the lot.

The Operator ensures the implementation of the RFP Trading.

The initial selling prices for a lot are set as follows:

from December 11, 2018 to December 17, 2018 - in the amount of 98.00% of the initial selling price of the lot;

from December 18, 2018 to December 24, 2018 - in the amount of 96.00% of the initial selling price of the lot;

from December 25, 2018 to December 31, 2018 - in the amount of 94.00% of the initial selling price of the lot;

Individuals and legal entities (hereinafter referred to as the Applicant) registered in accordance with the established procedure on the electronic platform of LLC "Center for Realization" - www.centerr.ru, are allowed to participate in the Bidding and Bidding of the PPP. To participate in the Bidding and the RFP Bidding, the Applicant submits to the Operator an application for participation in the Bidding (RFP Bidding).

An application for participation in the Bidding (RFP Bidding) must contain: name, organizational and 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, the liquidator (liquidator) and the nature of this interest, information about the participation of the liquidator (liquidator) in the applicant's capital, a proposal on the price of the property.

To participate in the Bidding (RFP Bidding), the Applicant submits to the Operator in electronic form a deposit agreement signed by the electronic signature of the Applicant. The applicant is obliged, within the time period specified in this message, and in accordance with the deposit agreement to pay the deposit by transferring funds to the account for crediting the deposits of the Organizer of the auction: the payee is the State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810845250002051 with the Central Administration of the Bank of Russia for the Central Federal District, Moscow 35, BIK 044525000. The purpose of payment must indicate the name of the financial organization , the name of the Applicant, the date of the Bidding (the period of the RFP Bidding), for participation in which a deposit is paid, the lot number. The applicant has the right to send a deposit according to 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 deemed to be an acceptance of the deposit agreement posted on the electronic platform.

The deposit for participation in the Bidding is 10 (ten) percent of the initial price of the lot. The deposit for participation in the RFP Bidding is 10 (Ten) percent of the initial selling price of the lot for the period. The date of making the deposit is the date of receipt of the funds transferred as a deposit to the account of the Organizer of the auction.

The draft agreement concluded based on the results of the Auction (PPP Auction) (hereinafter referred to as the Agreement) and the deposit agreement can be found on the electronic site of LLC "Realization Center" - www.centerr.ru.

The Applicant has the right to change or withdraw the application for participation in the Bidding (RFP Bidding) no later than the deadline for submitting applications for participation in the Bidding (RFP Bidding), 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 thereto, establishes the fact of receipt of the deposits to the account of the Organizer of the auction within the period specified in this message, and, based on the results, makes a decision on the admission or refusal of the applicant's admission to participation in the Auction (RFP Auction). Failure to receive the deposit to the account of the Trading Organizer specified in this message, or the receipt of the deposit after the expiration of the period specified in this message, or the receipt of the deposit in an amount less than that established in this message, are grounds for refusing to admit the Applicant to participate in the Trading ( Bidding PPP). Applicants admitted to participation in the Bidding (RFP Bidding) are recognized as participants in the Bidding (RFP Bidding) (hereinafter referred to as the Participants). The Operator sends to all Applicants notifications of their recognition as Participants or of refusal to recognize them as Participants.

If two or more Participants have offered an equal price per lot, but not lower than the initial selling price of the lot, the Participant who has submitted an application for participation in the Auction earlier than other specified Participants is recognized as the Winner.

The results of the Bidding are documented in a protocol on the results of the Bidding on the day of the Bidding. The protocol on the results of the Bidding, approved by the Organizer of the Bidding, is posted on the electronic site of LLC "Center for Implementation" - www.centerr.ru.

Winner of the RFP Bid(hereinafter also referred to as the Winner) is a Participant who has submitted, within the specified time period, an application for participation in the RFP Bidding, containing an offer on 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 RFP Bidding, in the absence of proposals from other Participants ...

In the event that several Participants submitted bids within the specified time period containing various proposals 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 RFP Bidding, the right to purchase the property belongs to the Participant who offered the maximum price for this property.

In the event that several Participants submitted bids within the specified time period containing equal offers for the property price, but not lower than the initial sale price of the property established for a certain period of the RFP Bidding, the right to acquire the property belongs to the Participant who was the first to submit an application for participation within the specified time period. in Bidding RFP.

From the date of determination of the Winner of the RFP Bidding for each lot, the acceptance of applications for the corresponding lot is terminated. The protocol on the results of the Bidding PPP, approved by the Organizer of the Bidding, is posted on the electronic site of LLC "Realization Center" - www.centerr.ru.

Within 5 (Five) days from the date of signing the protocol on the results of the Bidding (RFP Bidding), the Organizer of the Bidding shall send the Winner to the e-mail address specified in the application for participation in the Bidding (RFP Bidding) a proposal 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 Bidding (RFP Bidding), the proposal to conclude the Agreement and the draft Agreement, to sign the Agreement and no later than 2 (Two) days from the date of signing send it to the Bidding Organizer. The Winner is obliged to immediately notify the Organizer of the Bidding about the fact of signing the Agreement. Failure to sign the Agreement within 5 (Five) days from the date of its sending to the Winner means the Winner's refusal (evasion) to conclude 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 Bidding (RFP Bidding) minus the previously made deposit for the following details: payee - State Corporation "Deposit Insurance Agency", TIN 7708514824, KPP 770901001, settlement account 40503810145250003051 with the Central Administration of the Bank of Russia for the Central Federal District, Moscow 35, BIK 044525000. The purpose of payment must indicate the name of the financial institution and the Winner, the details of the Agreement, the lot number and the date of the Auction (the period of the RFP Auction). If the Winner does not fulfill his obligations specified in this message, the Bidding Organizer and the seller are released from all obligations related to the Bidding (RFP Bidding), with the conclusion of the Agreement, the deposit made by the Winner will not be returned to him, and the Bidding (RFP Bidding) are recognized as invalid.