Additional information regarding filing of creditor’s claims

18.05.2016

 

 

Those creditors with balances in their accounts opened at the wound-up joint stock company Trasta Komercbanka exceeding EUR 100,000, which is the amount of government guaranteed compensation, as well as all other legitimate creditors that have obtained the creditor status after the decision about liquidation of the bank was adopted, may file their creditor’s claims within three months after the day when the commencement of the bank liquidation process was announced in the official gazette Latvijas Vēstnesis (17 March 2016), i.e. by 17 June 2016.

 

The liquidator requests to indicate in the creditor’s claim the current account of the creditor in another credit institution (a member of the SEPA payment system, other than the wound-up joint stock company Trasta Komercbanka) where the funds intended for satisfaction of the creditor’s claim should be transferred. The liquidator also asks that the supporting documents enclosed with the creditor’s claim are certified according to the procedure specified in applicable regulatory enactments and submitted not later than by 17 June 2016.

 

Powers of attorney issued to natural persons are to be submitted only as notarized extracts or copies of notarized extracts. Where mailing of original documents is impossible, it is allowed to certify them by producing the original documents in person at 1 Palasta Street in Riga, LV-1050.

 

The liquidator requests that non-residents of Latvia submit originals (that are issued not earlier than 30 days prior to submission to the bank) or notarized copies 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 granting to the authorized person the rights 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.

 

The liquidator of the wound-up joint stock company Trasta Komercbanka 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.

 

Submission of the aforementioned documents within the period specified above is the necessary condition for creditor’s claims to be accepted and considered on the merits.

 

Please be informed that additional information and/or documents can be requested during the process of handling creditor’s claims.

 

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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