Extract from the Decision concerning Reykjavík Savings Bank pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Date: 2009-07-14
Institutions: European Commission
Subjects: Iceland, bank, company in difficulties, decontamination, financial institution, limitation of legal proceedings, liquidation








C_2009231EN.01003901.xml










25.9.2009   


EN


Official Journal of the European Union


C 231/39





Extract from the Decision concerning Reykjavík Savings Bank pursuant to Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
2009/C 231/08

INVITATION TO LODGE A CLAIM — TIME LIMITS TO BE OBSERVED

Under the statutory authority of the Financial Institutions Act No 161/2002, Article 100a, cf. Article 5 of the Authority for Treasury Disbursements due to Unusual Financial Market Circumstances Act No 129/2008, that was in effect at the time, the Financial Supervisory Authority, on 21 March 2009, assumed the power of a shareholders’ meeting of Reykjavík Savings Bank (SPRON), and appointed a Resolution Committee. Under Act No 44/2009 the Resolution Committee of Reykjavík Savings Bank adopted the responsibility of an Interim Board. Under Act No 161/2002, Article 100a(3), the Interim Board completed its three-month fixed term on 23 June 2009, when Reykjavík District Court appointed a Winding-Up Board for Reykjavík Savings Bank which is responsible for the processing of claims against the bank during the winding-up proceedings, and overseeing the winding-up process.
The date of respite is 30 October 2008 under the Financial Institutions Act No 161/2002, Article 101(4). The initial date of the winding-up proceedings was decided on the basis of the ruling of the Reykjavík District Court on the appointment of the Winding-Up Board on 23 June 2009, cf. the Act No 44/2009, Article 102(3)(2).
Anyone who wishes to lodge a claim against Reykjavík Savings Bank, or assets under the auspices of the bank, are hereby urged to lodge their claims in writing to the Winding-Up Board of SPRON within six months from the published invitation to lodge a claim in your country, a global newspaper or the Official Journal of the European Union. The claims must be received by the Winding-Up Board within the aforementioned deadline, their content being in line with the instructions of the Act on Bankruptcy, etc., No 21/1991, Article 117(2) and (3).
The statements of claims should be submitted to:





The Winding-Up Board of Reykjavík Savings Bank




Lágmúli 6




108 Reykjavík




ICELAND




Due to the aforementioned provisions of law, the claimants, in the lodgement of claims, are requested to specify the total amount of the claim as of 23 June 2009.
Claims that are made in a foreign currency should be specified in the currency in question. However, claimants within the member countries of the European Economic Area and the European Free-Trade Association are authorised to lodge their claims in the language of their home country. Such lodgement of claims shall be accompanied by an Icelandic translation. However, claims may be lodged in English without an accompanying translation. Other claimants may specify their claims in Icelandic or English.
In the event that claims are not lodged within the aforementioned time limit, they shall be interpreted in the same manner as an inadequate specification of a claim under the Act on Bankruptcy, etc. No 21/1991, Article 118, thus ceasing to apply against Reykjavik Savings Bank, unless any of the sub-paragraphs No 1-6 of the provision apply.
It should be emphasized that by lodging a claim, the claimant will be considered to have rescinded any confidentiality (e.g. bank secrecy) regarding the claim in question.
A meeting of claimants will be held on Wednesday 17 March 2010 at 10.00 a.m., at the Hilton Hotel Nordica, Suðurlandsbraut 2, Reykjavík. Those who have lodged their claims against the bank have a right to attend the meeting. At the meeting, a list of the lodged claims will be presented as well as the Winding-Up Board’s position as it will be available at that time. At least one week before the aforementioned meeting, a list of the claims lodged will be available to those who have lodged their claims against the bank.
Further information on the lodging and processing of claims will be made available on the bank’s website, http://www.spron.is. The Winding-Up Board would like to make the following recommendations to the claimants:






(a)


to specify their email address, or information regarding their representative, when lodging a claim, so as to facilitate the dissemination of information;










(b)


to specify a bank account so as to facilitate any disbursement if and when it would occur;










(c)


to lodge their claims as soon as possible subsequent to this invitation to lodge a claim.




Please note that a sample of a lodged claim can be found on http://www.spron.is

Reykjavík, 14 July 2009.


The Winding-Up Board of Reykjavík Savings Bank

Hildur Sólveig PÉTURSDÓTTIR, Attorney to the Supreme Court


Hlynur JÓNSSON, Attorney to the District Court


Jóhann PÉTURSSON, Attorney to the District Court