Announcement concerning declaration of insolvency proceedings of AS “PNB Banka” and submission of creditor claims or other demands

19/09/2019

Unofficial translation of an official publication No 2019/191.KM8 published on 19/09/2019 in the official gazette Latvijas Vēstnesis (issue No 191).

 

With the judgement as of 12 September 2019, within the civil proceedings No C30710019, Vidzeme Suburb Court of the City of Riga has declared that as from 12 September 2019, AS PNB Banka (registration No 40003072918) is insolvent. Vigo Krastiņš has been approved as the insolvency administrator of the bank.

 

The administrator's office address is as follows: Riga, 15-2 Elizabetes Street LV-1010, phone: 67041112 (within working hours - from 9:00 until 18:00).

 

The creditor claims, as well as claims and demands from other persons towards the insolvent AS PNB Banka shall be lodged to the administrator within 3 (three) months from publication of this announcement. The creditor claims lodged after this term are in compliance with Section 139(3)3) of the Credit Institution Law.

 

The creditor's claim shall be prepared in Latvian or shall be submitted with a notarized translation into Latvian.

 

Creditors are required to convert their claims in foreign currency to EUR at the exchange rate of the European Central Bank as on15 August 2019.

 

For a creditor claim to be accepted and included in the list of creditors, to whom funds shall be transferred, a creditor – a natural person, shall file the following documents:

 

1) a creditor claim application drawn (the form is available here – in Latvian; in English) up as a legally binding document compliant with the laws and regulations of the Republic of Latvia, which contains:

  • a description of actual circumstances;

  • creditor’s account numbers with AS PNB Banka and the refundable amount;

  • number of the bank account which the funds shall be transferred to, including the IBAN, name of the bank and SWIFT;

  • information on whether the creditor shall be viewed as an interested person within the meaning of Section 1(1)36) of the Credit Institution Law;

  • creditor’s e-mail address and a written agreement to receive documents within the insolvency proceedings of the insolvent AS PNB Banka electronically;

  • a certification that the creditor and/or his representative are informed and agree that the insolvent AS PNB Banka processes their personal data for the purpose of examining the creditor claim and other justified purposes, through the entire insolvency proceedings.

2) documents, confirming the lawful origin of the funds, indicating and providing details of such lawful origin;

3) documents certifying that there is a bank account opened in the name of creditor, specified in the creditor claim application (a bank account, where the creditor asks to transfer the funds);

4) a copy of passport;

5) a power of attorney, if the creditor claim is filed by an authorized person of the creditor.

 

For a creditor claim to be accepted and included in the list of creditors, to whom funds shall be transferred, a creditor – a company (legal person), shall file the following documents:

1) a creditor claim drawn (the form is available here – in Latvian; in English) up as a legally binding document compliant with the laws and regulations of the Republic of Latvia, which contains:

  • a description of actual circumstances;

  • creditor’s account numbers with AS PNB Banka and the refundable amount;

  • number of the bank account which the funds shall be transferred to, including the IBAN, name of the bank and SWIFT;

  • information on whether the creditor shall be viewed as an interested person within the meaning of Section 1(1)36) of the Credit Institution Law;

  • creditor’s e-mail address and a written agreement to receive documents within the insolvency proceedings of the insolvent AS PNB Banka electronically;

  • a certification that the creditor and/or his representative are informed and agree that the insolvent AS PNB Banka processes their personal data for the purpose of examining the creditor claim and other justified purposes, through the entire insolvency proceedings.

2) documents, confirming the lawful origin of the funds, indicating and providing details of such lawful origin;

3) documents certifying that there is a bank account opened in the name of creditor, specified in the creditor claim application (a bank account, where the creditor asks to transfer the funds);

4) a copy of the passport and a document, certifying the person’s authority to filed a creditor claim;

5) Certificate of Good Standing issued no later than 30 days before its submission;

6) Certificate of Incumbency issued no later than 30 days before its submission;

7) a certificate on the beneficial owner;

8) if the respective creditor complies with the status of a micro, small or medium-sized enterprise within the meaning of the Law on the Recovery and Resolution of Credit Institutions and Investment Firms, the documents certifying such status, 2018 annual statement or a confirmation from a certified auditor that the creditor complies with the status of a micro, small or medium-sized enterprise within the meaning of Annex 1 of the European Commission Regulation 651/2014 as to the annual turnover.

 

A creditor or an authorized representative thereof shall file all the aforementioned documents in the state language of the Republic of Latvia – i.e. Latvian, or shall provide a respective translation of the documents into the state language.

 

All documents shall be filed in person at the place of operation of the insolvency administrator, i.e. at the office of AS PNB Banka on 15-2 Elizabetes Street, Riga, LV-1010, or the original documents or their notarized copies shall be sent by regular mail (in accordance with the international document legalisation requirements) or notarized copies shall be sent, in accordance with the laws and regulations of the Republic of Latvia, to the above-mentioned place of operation of the insolvency administrator, i.e. 15-2 Elizabetes Street, Riga, LV-1010, or sent by e-mail in compliance with the Electronic Documents Law, signed with a secure electronic signature and containing a time stamp, to the following e-mail address: kreditori@pnbbanka.eu. If document derivatives are submitted, the administrator is entitled to request the original documents and the creditor is obliged to provide them.

 

If documents are submitted in person, the creditor may submit copies of documents certified in accordance with the laws and regulations of the Republic of Latvia, ensuring the verification of their conformity with the originals at the time of submission.

 

 

 

Regarding submission of creditor claims