Going to trial actions in respect of the credit institution is authorized as long as its place is hopeless, that is, Particular extra-judicial procedures haven’t led to a good outcome — the restoration of the credit institution’s solvency.
On the basis of the Law on the bankruptcy of credit companies of Article 5 when considering the arbitration court of the bankruptcy case of the credit institution applies only in bankruptcy.
The arbitral tribunal may initiate actions to announce the credit institution bankrupt if, relative to the law on bankruptcy of credit corporations have most of the following indicators of bankruptcy of the credit institution:
— Failure to fulfill the requirements of creditors’ and (or) non-fulfillment of the obligation to pay the required fees;
— Requirements for the credit institution in the aggregate amount to at least the minimum wage in 1000;
— If the above requirements are not fulfilled in fourteen days after the date of their execution or if after the withdrawal of a credit institution licensed to conduct banking transactions cost of its assets are insufficient to fulfill the obligations of a credit institution to its creditors and the payment of mandatory payments;
— If the fact of the withdrawal of a credit institution licensed to conduct banking operations.
On the basis of the Law on the bankruptcy of credit institutions by persons participating in the bankruptcy case are:
— Credit organization — the debtor;
— Bankruptcy trustee;
— Bankruptcy creditors;
— The competent authorities, determined in accordance with the Law on Bankruptcy;
— The Bank of Russia as a body of banking regulation and supervision.
On the basis of the Law on the bankruptcy of credit institutions in the arbitration proceedings in the bankruptcy case involved:
— Representative of the employees of the credit institution;
— A representative of the founders of the credit institution;
— A representative of the creditors ‘meeting or the creditors’ committee representative of the credit institution;
— Other persons in cases stipulated by RF APC and the Law on Bankruptcy.
The right to appeal to an arbitration court to declare the credit institution bankrupt have (see. Adj. 6):
— Credit institution debtor;
— The creditor of the credit institution, including citizens who have the right to claim the credit institution under the contract of bank deposit and (or) bank account agreement;
— The Bank of Russia;
— Tax or other authorized under federal law body — to make compulsory payments to the budget and extra-budgetary funds.
In accordance with the Law on Credit Institutions Bankruptcy bankruptcy cases are considered by the arbitral tribunal within a period not exceeding two months from the date of the arbitration court’s application for recognition of a credit organization bankrupt, including the time to prepare the case for trial and decision of the case. The decision to declare the credit institution bankrupt shall contain a reference to:
— The opening of bankruptcy proceedings;
— Recognition of the applicant’s claim reasonable and its inclusion in the register of creditors;
— Approval of the bankruptcy trustee;
— The size of the monthly fee, which is paid during the bankruptcy manager of the opening of bankruptcy proceedings until the day of determining the remuneration of the bankruptcy trustee meeting of creditors or the creditors committee.
On the basis of the Bankruptcy Law of Credit Institutions decision of the arbitral tribunal to refuse to declare the credit institution bankrupt taken in the event of:
— The absence of signs of insolvency, bankruptcy stipulated by the Law of Credit Institutions;
— The establishment of fictitious bankruptcy, if the application is filed for bankruptcy the credit institution — the debtor.
If the arbitral tribunal found no evidence of insolvency or an established fact of fictitious bankruptcy, the credit institution shall be subject to compulsory liquidation in accordance with the Law on Banks and Banking.
On the basis of the law on bankruptcy of credit institutions arbitral tribunal shall terminate the proceedings in the bankruptcy case:
— Recognition in the trial of the applicant’s claim giving rise to the initiation of bankruptcy proceedings, unfounded;
— Satisfaction of all claims of the creditors included in the register of creditors, in accordance with the procedure provided for in the bankruptcy of credit institutions;
— Completion of the bankruptcy proceedings.
In the above cases, cease to apply all the restrictions stipulated by the Law on the bankruptcy of credit institutions, which are the consequences of the opening of bankruptcy proceedings. Termination of the bankruptcy case does not involve the termination of the consequences of withdrawal of a license to conduct banking operations stipulated by the Law on Banks and Banking.
Judgments and decisions of the arbitral tribunal in the course of consideration of a bankruptcy case can be appealed. When viewed in the higher courts of complaints on the definition of the arbitral tribunal has issued the arbitration court shall send to the superior court of arbitration only the materials of the bankruptcy case, which are directly related to a dispute with the creditor credit institution or an authorized body on establishing the validity, size, composition and ranking of claims .
