Currently, NBU has no obligations towards clients or creditors of BROKBIZNESBANK PJSC regarding indemnification of their losses.
On 3 August 2016, Kyiv Commercial Court of Appeals confirmed the decision of the first instance court, which dismissed the claim against the NBU of Evrotranskom LLC as depositor of the BROKBIZNESBANK PJSC.
According to cases materials, Evrotranscom LLC and BROKBIZNESBANK PJSC signed deposit agreement for the amount of UAH 233 402.74. After approval of a decision on bank liquidation, the executive management of the DGF decided to approve the register of accepted claims of creditors of BROKBIZNESBANK PJSC. According to this decision, money claims of Evrotranscom LLC were accepted in the amount of UAH 233 402.74 and will be satisfied in seventh line, whereof bank informed the plaintiff.
Evrotranscom LLC filed with the court as considers that its claims will not be satisfied due to the fact that amount of liabilities of BROKBIZNESBANK PJSC is significantly larger than the value of bank’s assets.
As of 27 January 2016, Kyiv Commercial Court of Appeals dismissed claim of depositor of BROKBIZNESBANK PJSC. Being opposed to such decision, Evrotranscom LLC filed a claim with Kyiv Commercial Court of Appeals.
Assembly of judges, after discussion of reasoning to the appeal and analysis on the grounds of facts of the case of application of principles of substantive and procedural law by the first instance court, has concluded that the claim is not subject to satisfaction.
Thus, NBU currently has no obligations towards clients and/or creditors of BROKBIZNESBANK PJSC regarding indemnification of their material or moral damage (losses).
We recall that the National Bank of Ukraine declared BROKBIZNESBANK PJSC on 2 February 2014. Particularly, it was due to decrease in the amount of regulatory capital and capital ratios to minimum level along with the fact that during 10 business days bank failed to fulfill its obligations towards depositors and other creditors. Decision on liquidation of BROKBIZNESBANK PJSC was adopted on 10 June 2016.