Information regarding filing of creditor’s claims

28.03.2017

 

Dear clients,

 

 

According to Article 186 of the Credit Institutions Law creditors may file their claims within three months following the date on which the announcement on the initiation of bank’s insolvency was published in the official gazette Latvijas Vēstnesis (15 March 2017), i.e. until 15 June 2017, by mailing the claim to the administrator by registered mail to the address of Miesnieku street 9, Riga, LV-1010, or signed by a secure electronic signature to the e-mail address: ilmars.krums@smpa.lv

 

 

In order to file a claim it is necessary to fill out an application (sample application can be found here), as well as attach the originals of documents proving the right of representation. The administrator informs that it is not necessary to attach the account statements, checking/card/deposit account opening agreements.

 

 

The administrator requests that non-residents of Latvia submit originals (that are issued not earlier than 30 days prior to submission to the bank) of the following documents with their creditor’s claim:

 

 

  • certificate issued by the state register of companies or another similar institution (Registration Agent) in the country of registration of the company confirming the current status of the company (Certificate of Good Standing, Certificate of Incumbency, etc.) with indication of the governing body of the company, authorized share capital, owners and addresses;
  • power of attorney to the authorized person granting the right to represent the company, including the right to file the creditor’s claim;
  • documents disclosing the true beneficial owner (Declaration of Trust) and documents confirming the right of ownership to equity stakes and shares, for example, certificates of shares, extracts from the register of shareholders or members, agreement on share management, etc.;
  • where the signatory is a legal entity, information referred to in the previous paragraphs shall be submitted in relation to this legal entity as well. The purpose of this requirement is to ensure the possibility to verify the current legal status of each entity and the signatories. Where the documents are signed by a natural person, a confirmation of the person’s right to sign documents of a certain type shall be submitted;
  • annual report for 2016 or an opinion of certified auditor that the creditor qualifies as micro, small or medium-sized enterprise under Article 192 paragraph 1ˡ of the Credit Institutions Law of the Republic of Latvia.

 

 

The administrator draws your attention to the circumstance that the documents of foreign entities, the country of origin of which does not have an international agreement with the Republic of Latvia on legal assistance and recognition of notary actions (if the country that issued the documents has not joined the Hague Convention of 1961 Abolishing the Requirement of Legalization for Foreign Public Documents), are to be legalized or apostilled.

 

 

Please note that the above list of documents may vary depending on individual creditor’s claim, as well as additional information and/or documents can be requested during the process of handling creditor’s claim.

 

 

If you should have any questions, please contact the wound-up joint stock company Trasta Komercbanka by calling +371 67027751 or sending e-mail to ilmars.krums@smpa.lv

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