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Document 52024XC01755

Announcement pursuant to Article 13 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding up of credit institutions concerning insolvency proceedings against Baltic International Bank SE [insolvent Latvian credit institution]

PUB/2024/72

OJ C, C/2024/1755, 23.2.2024, ELI: http://data.europa.eu/eli/C/2024/1755/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

ELI: http://data.europa.eu/eli/C/2024/1755/oj

European flag

Official Journal
of the European Union

EN

Series C

C/2024/1755

23.2.2024

Announcement pursuant to Article 13 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding up of credit institutions concerning insolvency proceedings against Baltic International Bank SE [insolvent Latvian credit institution]

(C/2024/1755)

By decision of the Court of Economic Affairs dated 24 January 2024 in civil case No C75007524, Baltic International Bank SE, registration No 40003127883, has been declared insolvent with effect from 24 January 2024.

Linda Sniega-Svilāne has been approved as the administrator of insolvency proceedings against Baltic International Bank SE, business address: Grēcinieku iela 6, Riga, LV-1050, tel.: +371 67000444 (weekdays from 09.00 to 17.00), email address: info@bib.eu

Claims of creditors and claims of other persons, as well as other claims against the insolvent Baltic International Bank SE, must be submitted to the administrator within three months of the date of publication of this announcement in the Official Gazette ‘Latvijas Vēstnesis’.

In accordance with Article 1396 of the Latvian Law on credit institutions, where, in the course of insolvency proceedings against a credit institution, creditors have submitted their creditor claims, once insolvency proceedings against the credit institution have been declared, creditors need not re-submit creditor claims for the amount applied for in the liquidation proceedings against that institution.

For a creditor claim to be recognised and entered in the list of creditors of the insolvent Baltic International Bank SE to whom monetary funds are due, a creditor who is a natural person must submit the following documents:

1)

a creditor claim drawn up and formatted (it is recommended that use be made of the template available on the Internet: www.bib.eu) as a legally binding document in accordance with the requirements of external legislation of the Republic of Latvia and containing the following:

—

a statement of factual circumstances;

—

the creditor’s account numbers at Baltic International Bank SE and the amount of funds to be repaid, recalculated in euro at the foreign exchange rate set by the European Central Bank on 24 January 2024;

—

a detailed description of the origin of the funds;

—

the bank account number to which funds are to be transferred, including the IBAN number and the bank’s name and SWIFT code;

—

information on whether the creditor is considered an interested party within the meaning of Article 1(1)(36) of the Law on credit institutions;

—

information on whether the creditor is a politically exposed person, a member of the family of a politically exposed person or a person closely associated with a politically exposed person within the meaning of Articles 1(18), (181) and (182) of the Law on the prevention of money laundering and terrorism and proliferation financing;

—

the creditor’s email address and confirmation that the creditor agrees to communicate electronically with the insolvent Baltic International Bank SE and agrees to receive the information/documents electronically in the insolvency proceedings against Baltic International Bank SE;

—

a statement to the effect that the creditor and the creditor's representative have been informed of the fact that the insolvent Baltic International Bank SE may process their personal data for the purposes of resolving the creditor’s claim and for other justified purposes in the insolvency proceedings of Baltic International Bank SE, and have agreed to the same;

2)

documents proving the origin of the funds;

3)

documents proving the ownership of the creditor’s bank account (as shown in the creditor’s claim application) to which the funds are to be transferred;

4)

a copy of an identity document that is valid in Latvia;

5)

power of attorney, where the creditor’s claim is made by another person on the creditor’s behalf.

For a creditor claim to be recognised and entered in the list of creditors of the insolvent Baltic International Bank SE to whom monetary funds are due, a creditor who is a legal person must submit the following documents:

1)

a creditor claim drawn up and formatted (it is recommended that use be made of the template available on the Internet: www.bib.eu) as a legally binding document in accordance with the requirements of external legislation of the Republic of Latvia and containing the following:

—

a statement of factual circumstances;

—

the creditor’s account numbers at Baltic International Bank SE and the amount of funds to be repaid, recalculated in euro at the foreign exchange rate set by the European Central Bank on 24 January 2024;

—

a detailed description of the origin of the funds;

—

the bank account number to which funds are to be transferred, including the IBAN number and the bank’s name and SWIFT code;

—

information on whether the creditor is considered an interested party within the meaning of Article 1(1)(36) of the Law on credit institutions;

—

information on the composition of current members/shareholders and beneficial owners, including information on whether the beneficial owner is to be regarded as an interested party within the meaning of Article 1(1)(36) of the Law on credit institutions and whether the beneficial owner is a politically exposed person, a member of the family of a politically exposed person or a person closely associated with a politically exposed person within the meaning of Articles 1(1)(18), (181) and (182) of the Law on the prevention of money laundering and terrorism and proliferation financing;

—

the creditor’s email address and confirmation that the creditor agrees to communicate electronically with the insolvent Baltic International Bank SE and agrees to receive information/documents electronically in the insolvency proceedings against Baltic International Bank SE;

—

a statement to the effect that the creditor and the creditor's representative have been informed of the fact that the insolvent Baltic International Bank SE may process their personal data for the purposes of resolving the creditor’s claim and for other justified purposes in the insolvency proceedings against Baltic International Bank SE, and have agreed to the same;

2)

documents proving the origin of the funds;

3)

documents confirming the composition of current members/shareholders and beneficial owners;

4)

documents proving the ownership of the creditor’s bank account (as shown in the creditor’s claim application) to which the funds are to be transferred;

5)

a copy of the identity document valid in Latvia of the person claiming the creditor’s claim on behalf of the creditor and the documents proving the right of representation/authority;

6)

where the creditor is a non-resident, a copy of the certificate of good standing issued no later than 30 days before its submission;

7)

where the creditor is a non-resident, a copy of the certificate of incumbency issued no later than 30 days before its submission;

8)

where the creditor qualifies for the status of microenterprise, small or medium-sized enterprise within the meaning of Article 1(1)(32) of the Law on the restoration and resolution of credit institutions and investment firms, the documents proving compliance with that status;

9)

where the creditor qualifies for the status of a legal arrangement within the meaning of Article 1(1)(8) of the Law on the prevention of money laundering and terrorism and proliferation financing, the documents proving compliance with that status as well as the purpose, structure and governance arrangements of the establishment, including the beneficial owner or the person in whose interest the legal arrangement is created or operates.

All documents to be submitted must be drafted in Latvian or, if they are drafted in another language, be accompanied by a notarised translation into Latvian. Original documents or notarised copies of documents must be attached to the creditor’s claim application, subject to the requirements of the 1961 Hague Convention on the abolition of the requirement for legalisation of foreign public documents.

Where derivatives of documents are attached to the creditor’s claim application, the administrator is entitled to require the original documents to be produced and the creditor shall be obliged to produce them. The administrator is also entitled to request other documents or derivatives thereof where this is necessary for a decision on the creditor’s claim.

Any of the following means may be used to submit documents to the administrator:

—

in the form of an electronic document signed with a secure electronic signature and containing a time stamp, in accordance with the Law on electronic documents, to the e-mail address: maksatnespeja@bib.eu

—

by registered mail to: Grēcinieku iela 6, Riga, LV-1050, tel.:

—

in person at Grēcinieku ielā 6, Riga on Tuesdays and Thursdays between 10:00 and 12:00 and 13:00 to 16:00.

ELI: http://data.europa.eu/eli/C/2024/1755/oj

ISSN 1977-091X (electronic edition)

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