Extract from the Decision concerning Byr 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: 2010-09-03
Institutions: European Commission
Subjects: Ireland, bank, credit institution, disclosure of information, liquidation








C_2010238EN.01000601.xml










3.9.2010   


EN


Official Journal of the European Union


C 238/6





Extract from the Decision concerning Byr 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
2010/C 238/03

Invitation to lodge a claim

The Financial Supervisory Authority (FME) in Iceland formed an Interim Board for Byr Savings Bank, reg. No 610269-2229, Borgartuni 18, 105 Reykjavik, Iceland, on 22 April 2010, with reference to Article 100 of Act No 161/2002 on Financial Institutions, cf. Article 4 of Act No 44/2009 on the Amendment of Act No 161/2002. The role of the Interim Board came to an end on 2 July 2010, when the District Court of Reykjavik appointed a Winding-up Committee for Byr Savings Bank with reference to paragraph 4 of Article 101 of Act No 161/2002, cf. Article 5 of Act No 44/2009. One of the responsibilities of the Winding-up Committee is to oversee the processing of claims against the Bank during the winding-up proceedings.
The reference date for the winding-up proceedings is 16 June 2009, cf. paragraph 5 of Article 101 of Act No 161/2002 and cf. Article 5 of Act No 44/2009, but at that date the FME granted its first notice to the Bank that its equity ratio was below the required minimum in Article 84 of Act No 161/2002, cf. paragraph 4 of Article 86. The date for commencing the processing of claims is 2 July 2010 and is based on the date when the District Court of Reykjavik appointed the Winding-up Committee, cf. paragraph 3 of Article 102 of Act No 161/2002 and cf. note 2 of paragraph 3 of Article 6 of Act No 44/2009.
All parties claiming debts or other rights from Byr Savings Bank are hereby invited to submit their claims in writing to the Winding-up Committee of the Bank within three months of the first publication of this notice in the Icelandic Law and Ministerial Gazette on 13 July 2010. 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.
Claims should be sent to:





Slitastjorn Byr Sparisjods




(The Winding-up Committee of Byr Savings Bank)




Borgartuni 18




105 Reykjavik




ICELAND




Pursuant to the aforementioned provisions, creditors are instructed to include the itemized amount of their claims as of 2 July 2010.
Claims in foreign currencies should be filed in the relevant currency. Creditors from Member States of the European Economic Area or of 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 Byr Savings Bank is considered null and void according to Article 118 of Act No 21/1991, unless the exceptions specified in sub-paragraphs 1-6 of the said Article are applied.
By filing a claim, the creditor is deemed to have waived the rights to confidentiality (bank secrecy) with regard to the claim in question.
Notice is hereby given that a creditors’ meeting will be held on Wednesday 17 November 2010 at 15.00 at Grand Hotel, Sigtuni 38, 105 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.byr.is/winding-up or given by sending requests to slitastjorn@byr.is
The Winding-up Committee wishes to give creditors the following instructions; please provide your e-mail address or the e-mail address of your representative when filing the claim, and please specify your bank account details to facilitate any eventual payment.

Reykjavik, Iceland, 8 July 2010.


The Winding-up Committee of Byr Savings Bank

Eva B. HELGADÓTTIR, Attorney to the Supreme Court
Árni Ármann ÁRNASON, Attorney to the Supreme Court
Ágúst KRISTINSSON, State Authorised Public Accountant