Encyclopedia
Liquidator of a credit institution
Credit institution liquidator - the submission of a candidate for the credit institution liquidator to the arbitration court and the approval of this candidate by the arbitration court are carried out in accordance with the procedure provided by the Federal Law "On Insolvency (Bankruptcy) of Credit Institutions" for submitting and approving the bankruptcy administrator of a credit institution. The liquidator of a credit institution that had a license from the Central Bank of Russia to accept deposits from individuals is the Deposit Insurance Agency. The liquidator of a credit institution that did not have a license from the Central Bank of Russia to accept deposits from individuals is approved by the arbitration court as an arbitration administrator who meets the requirements of the Federal Law "On Insolvency (Bankruptcy)" and is accredited with the Central Bank of Russia as a bankruptcy administrator in the case of bankruptcy of credit institutions. The liquidator of a credit institution commences the exercise of their powers on the day the decision of the arbitration court comes into force regarding the liquidation of the credit institution and the appointment of the liquidator, and acts until the day an entry is made in the unified state register of legal entities concerning the liquidation of the credit institution. The liquidator of a credit institution during the liquidation of the credit institution must act in good faith and reasonably, taking into account the rights and legitimate interests of the creditors of the credit institution, society, and the state. The liquidator of a credit institution during the liquidation of the credit institution has rights and performs obligations provided for by this Federal Law, and in the part not regulated by it - the Federal Law "On Insolvency (Bankruptcy) of Credit Institutions" applicable to the administrator of the credit institution. The removal or dismissal of a liquidator of a credit institution from office is carried out in accordance with the procedure provided by the Federal Law "On Bankruptcy (Insolvency) of Credit Institutions" for the insolvency proceedings (ceased to be in force as of 2014-05-05)1.
Credit institution liquidator - the liquidator of a credit institution that had a license from the Bank of Russia to attract funds from individuals in deposits is the Deposit Insurance Agency. The liquidator of a credit institution that did not have a license from the Bank of Russia to attract funds from individuals in deposits is the arbitration court, which appoints an arbitration manager meeting the requirements of the Federal Law "On Insolvency (Bankruptcy)" and accredited with the Bank of Russia as a trustee in the bankruptcy of credit institutions2.
Federal Law No. 192-FZ dated December 29, 2004, "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law 'On Mortgage Securities'" dated December 29, 2004, as amended on July 28, 2012, Article 3, Subparagraph 3#4, which has lost force since May 5, 2014 // Official Gazette of the Russian Federation. 2005. No. 1. Item 18. ↩
Federal Law of December 29, 2004, No. 192-FZ, "On Amending Certain Legislative Acts of the Russian Federation in Connection with the Adoption of the Federal Law 'On Mortgage Securities' of December 29, 2004, as amended on December 29, 2004, Article 23.1, Subparagraph 3 // RSZ RF. 2005. No. 1. Art. 18. ↩