Extract from the decision concerning Kaupthing Bank 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: 2009-07-06
Institutions: European Commission
Subjects: Iceland, bank, company in difficulties, decontamination, financial institution, limitation of legal proceedings, liquidation








C_2009192EN.01001601.xml










15.8.2009   


EN


Official Journal of the European Union


C 192/16





Extract from the decision concerning Kaupthing Bank 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 192/05

Invitation to lodge a claim — Time limits to be observed

In a ruling of the District Court of Reykjavik issued on 24 November 2008, Kaupthing Bank hf. ID-No 560882-0419, Borgartun 19, 105 Reykjavik, ICELAND, was granted a moratorium on payments until 13 February 2009. On 19 February the moratorium was extended until Friday 13 November 2009. Pursuant to temporary provision II of Act No 44/2009 on the Amendment to Act No 161/2002 the District Court of Reykjavik appointed a Winding-up Committee for the bank on 25 May 2009 whose tasks include dealing with claims against the bank while the moratorium remains in effect and after winding-up proceedings have commenced at the end of the moratorium period.
The reference date for the winding-up proceedings is 15 November 2008, according to temporary provision III of Act No 44/2009, amending Act No 161/2002. The date for commencing the processing of claims shall be based on the entry into force of Act No 44/2009 and is 22 April 2009, according to sub-paragraph 2 of temporary provision II of Act No 44/2009.
All parties claiming debts or other rights from Kaupthing Bank hf. or assets controlled by the bank are hereby invited to submit their claims in writing to the Winding-up Committee of the bank within six months of the first publication of this notice in the Icelandic Legal Gazette on 30 June 2009. Accordingly the last day to submit claims is 30 December 2009. Claims must be filed with the Winding-up Committee within the specified time limit and shall comply with the instructions contained in paragraphs 2 and 3 of Article 117 of Act No 21/1991 on Bankruptcy etc.
Claims should be sent to:





The Winding-up Committee of Kaupthing Bank hf.




Borgartun 19




105 Reykjavik




ICELAND




Pursuant to the aforementioned provisions, creditors are instructed to include the itemized amount of their claims as of 22 April 2009.
Claims in foreign currencies should be filed in the relevant currency. Creditors from Member States of the European Economic Area or the European Free Trade Association may file claims in the language of that state. Such claims must be accompanied by an Icelandic translation. However, it is permitted to file a claim in English without having it translated into Icelandic. Other creditors can file their claims in Icelandic or English.

If a claim is not filed within the aforementioned time limit, the claim against Kaupthing Bank hf. is considered null and void according to Article 118 of the Act No 21/1991 on Bankruptcy etc. unless the exceptions specified in sub-paragraphs 1-6 of the said Article are applicable.

By filing a claim, the creditor is deemed to have waived the rights to confidentiality (banking secrecy) with regard to the claim in question.
Notice is hereby given that a creditors’ meeting will be held on Friday 29 January 2010 at 10:00 a.m. at Hilton Hotel Nordica, Sudurlandsbraut 2, 108 Reykjavik, ICELAND. Any party who has filed a claim against the bank is entitled to attend the meeting. The meeting will discuss the list of filed claims and the Winding-up Committee's position towards the recognition of claims insofar as it is available. The list of filed claims will be made available to parties who have filed claims at least one week before the meeting.
Further information on the filing and handling of claims will be made available on the bank's website, http://www.kaupthing.com. The Winding-up Committee wishes to give the creditors the following instructions:






(a)


please provide your e-mail address or the e-mail address of your representative when filing the claim;










(b)


please specify your bank account details to facilitate any eventual payment.





Creditors are encouraged to file their claims as soon as possible, within the above-mentioned time limit.


Reykjavik, 6 July 2009.


The Winding-up Committee of Kaupthing Bank hf.

David B. GISLASON, Attorney to the District Court


Feldis L. OSKARSDOTTIR, Attorney to the District Court


Olafur GARDARSSON, Attorney to the Supreme Court