Call and instructions to creditors to register their claims

07.08.2017

 

Dear clients!

 

 

In accordance with Riga City Vidzeme Suburban Court decision of June 19, 2017 regarding the case No.C30426817, Ilmars Krums (Ilmārs Krūms) has been removed from the Joint Stock Company in Liquidation "TRASTA KOMERCBANKA" administrator’s position, and Armands Rasa has been appointed as the new administrator of the company. In accordance with the above decision, the former administrator is obliged to transfer the documents and assets of the JSC in liquidation “TRASTA KOMERCBANKA” to Armands Rasa, however, the process of transferring the documents related to creditor claims still continues, and the documents are not completely taken over yet.

 

 

Taking into account the above, as well as to ensure the protection of the interests of all creditors, administrator Armands Rasa requests all the creditors of the JSC in liquidation "TRASTA KOMERCBANKA" – both the creditors which have not yet submitted their claims within the framework of the insolvency proceedings of the JSC in liquidation "TRASTA KOMERCBANKA" (after 10 March 2017), and those creditors who submitted their claims to the former Administrator Ilmars Krums – to submit their claims to the current administrator Armands Rasa. (The sample form of the creditor’s claim can be found here)

 

 

For the creditor’s claim to be recognized and included in the list of distributable funds, the creditor – natural person – shall file the following documents:

 

1) creditor’s claim (the sample form can be found here), containing:

 

  • description of factual circumstances;
  • bank account numbers of the creditor in JSC in liquidation “TRASTA KOMERCBANKA” and the sum of the funds;
  • bank account number of the creditor where to transfer the funds according to the international standard IBAN, as well as name and SWIFT code of the bank;
  • detailed information and substantiation as to the legality of the held funds;
  • appropriate notification whether the creditor shall be considered interested person within the meaning of Article 1 (1) 36) of the Law of Credit Institutions of Latvia;
  • e-mail address of the creditor and confirmation that the creditor agrees to receive the documents electronically during and as to the insolvency procedure of JSC in liquidation “TRASTA KOMERCBANKA”.

 

2) documents substantiating the legality of the held funds;

3) documents substantiating that the bank account specified in the creditor’s claim has been opened in the name of creditor (the bank account where to transfer the funds);

4) copy of the passport;

5) notarized power of attorney, if the claim is filed by the authorized person on behalf of the creditor.

 

For the creditor’s claim to be recognized and included in the list of distributable funds, the creditor – company (legal person) – shall file the following documents:

 

 

1) creditor’s claim, containing:

  • description of factual circumstances;
  • bank account numbers of the creditor in JSC in liquidation “TRASTA KOMERCBANKA” and the sum of the funds;
  • bank account number of the creditor where to transfer the funds according to the international standard IBAN, as well as name and SWIFT code of the bank;
  • detailed information and substantiation as to the legality of the held funds;
  • appropriate notification whether the creditor shall be considered interested person within the meaning of Article 1 (1) 36) of the Law of Credit Institutions of Latvia;
  • e-mail address of the creditor and confirmation that the creditor agrees to receive the documents electronically during and as to the insolvency procedure of JSC in liquidation “TRASTA KOMERCBANKA”.

 

2) documents substantiating the legality of the held funds;

3) documents substantiating that the bank account specified in the creditor’s claim has been opened in the name of creditor (the bank account where to transfer the funds);

4) copy of the passport and document verifying the authority of the person, filing the creditor’s claim;

5) Certificate of Good Standing, issued not later than 30 days before its filing;

6) Certificate of Incumbency, issued not later than 30 days before its filing;

7) documents revealing the beneficial owner.

 

 

All of the aforementioned documents shall be submitted personally (by the creditor or its attorney indicated in the claim) to the administrator at his place of practice, address Kr. Valdemāra iela 33-35, Riga, Latvia, LV-1010, or sent by the post to the indicated address in original form (originals of the documents) or in the form of notarized copies (according to the international provisions of legalisation of documents). In case documents are submitted personally, creditor is allowed to submit copies of the documents, their accuracy shall be verified at the moment of filing. The documents shall be submitted in Latvian, English or Russian. Provision of translation could be requested if necessary.

 

 

Creditors who have filed their claims to the previous administrator Ilmārs Krūms after the declaration of insolvency procedure of JSC in liquidation “TRASTA KOMERCBANKA” (after 10 March 2017), must include the said information in their claims (indicating the date and form of filing of the documents), as well as provide the documents substantiating it.

 

 

Creditors – companies (legal persons) – who have filed their claims within three months after the declaration of insolvency procedure of JSC in liquidation “TRASTA KOMERCBANKA” (from 10 March 2017 until 15 June 2017), shall, in addition to the listed documents, submit to the administrator an annual report for year 2016 or a confirmation from certified auditor that the creditor qualifies as micro, small or medium-sized enterprise within the meaning of Annex I of EC Regulation No.651/2014 regarding the annual turnout.

 

 

Any claims, demands or questions of the creditors shall be expressed in the form of legally binding documents according to the provisions of law of the Republic of Latvia and sent to the indicated address of the administrator. Otherwise, only informative replies can be provided to the received e-mails (not containing electronic documents according to the Law of electronic documents).

 

 

Administrator informs that the e-mail address that must be used for the communication in all issues concerning the insolvency proceedings of the JSC in liquidation “TRASTA KOMERCBANKA” is tkb@readvokati.lv.

 

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