Extract from the Decision concerning Straumur-Burdaras Fjarfestingarbanki hf. pursuant to Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions
Date: 2009-06-19
Institutions: European Commission
Subjects: Iceland, bank, decontamination, financial institution, liquidation








C_2009139EN.01000601.xml










19.6.2009   


EN


Official Journal of the European Union


C 139/6





Extract from the Decision concerning Straumur-Burdaras Fjarfestingarbanki hf. pursuant to Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding-up of credit institutions
2009/C 139/06

INVITATION TO LODGE A CLAIM — A NOTICE ON THE TIME LIMITS TO BE OBSERVED WHEN SUBMITTING A STATEMENT OF CLAIM

A ruling by the Reykjavik District Court, delivered on 3 March 2009, granted authorised debt moratorium to Straumur-Burdaras fjarfestingarbanki hf., Reg. No 701086-1399, Borgartun 25, Reykjavik, Iceland for the period to 11 June 2009. According to Temporary Provision II of Act No 44/2009, amending Act No 161/2002, the Reykjavik District Court has appointed a Winding-Up Board for the bank, which will handle, for instance, claims against the bank while the moratorium is in effect and after winding-up proceedings commence upon the conclusion of the moratorium.
The reference date is 9 March 2009. The commencement date of claims processing shall be based on the entry into force of Act No 44/2009 and is 22 April 2009, cf. further the first paragraph and the second sentence of the third paragraph of Article. 102 of Act No 161/2002, cf. Article. 6 of Act No 44/2009.
All parties claiming debts of any sort or other rights against Straumur-Burdaras fjarfestingarbanki hf. or assets controlled by the bank, including preferential claims and those secured in re, are hereby invited to submit their claims to the bank’s Winding-up Board within two months of the first publication of this notice. This notice was originally published in the Legal Gazette in Iceland May 18, 2009, so that the time limit for submission of claims will expire on July 18, 2009. Submission of claims shall be made by mail to the bank’s Winding-Up Board at Borgartun 25, Reykjavik, Iceland; their contents must comply with the instructions in the second and third paragraph of Article. 117 of the Act on Bankruptcy etc. No 21/1991. With reference to the previously mentioned provisions of the first paragraph and the second sentence of the third paragraph of Article. 102 of Act No 161/2002, cf. Article. 6 of Act No 44/2009, creditors are directed to include in their claims submissions the position of the claim as of 22 April 2009.
Claims in foreign currency must be submitted in the currency in question. A creditor from a member state of the European Economic Area or the European Free Trade Association may submit claims in a language of that state. Such claims submissions must be accompanied by an Icelandic translation; claims may be submitted in English without an accompanying translation. Other creditors may submit their claims in Icelandic or English.
If a claim is not submitted within the above-mentioned time limit it shall be subject to the same legal effect as a claim not properly submitted, as provided for in Article. 118 of the Act on Bankruptcy etc., No 21/1991, and the claim shall therefore be deemed to be cancelled against Straumur-Burdaras fjarfestingarbanki hf. unless the exceptions in Points 1-6 of the provision apply.
It is specifically reiterated that, in submitting a claim, a creditor is deemed to have agreed to the removal of confidentiality (bank secrecy) with regard to the claim concerned.
A creditors’ meeting will be held on Thursday, 6 August 2009, at 9:30 am at Hilton Hotel Nordica, Sudurlandsbraut 2, Reykjavík. Parties who have submitted claims against the bank are entitled to attend the meeting. This meeting will discuss a list of claims lodged and the decision of the Winding-up Board insofar as it is then available. A list of claims lodged will be accessible to those who have submitted claims against the bank at least one week prior to the above-mentioned meeting.
Further information on submission of claims and handling of claims will be made accessible on the bank’s website: www.straumur.com The Winding-up Board strongly recommends that creditors provide information on their e-mail address or that of their agents to facilitate communication of information.

Reykjavík, 12 May 2009.


Winding-Up Board of Straumur-Burdaras fjarfestingarbanki hf.

Hörður Felix HARðARSON, Supreme Court Attorney
Lilja JÓNASDÓTTIR, Supreme Court Attorney
Ragnar Halldór HALL, Supreme Court Attorney