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Tasks for the FCMC in control of ABLV Bank AS voluntary liquidation procedure

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  • On 12.06.2018, the Board of FCMC adopts a decision permitting ABLV Bank AS to implement voluntary liquidation of the Bank under control of FCMC
  • The Bank's management is taken up by the liquidators (4) appointed by the FCMC
  • Henceforth, the FCMC ensures supervision of legality of the process, AML/CFT* and international sanctions (IS) compliance checks, appointing proxies (authorised persons) (6) and, where necessary, inviting external advisors /experts
  • Voluntary liquidation of the bank under FCMC control (not a compulsory liquidation by a court order) is a solution that ensures the maximum involvement and implementation of control by FCMC
  • Henceforth, the FCMC monitors the management of Bank's assets and sales transactions throughout the course of the process
  • A team of sworn auditors from the international company Ernst&Young develops the methodology for the AML/CFT and sanctions compliance checks to prevent possible AML and violation/circumventing of sanctions compliance provisions in the course of pay-outs
  • The developed methodology for the AML/CFT and sanctions compliance checks is examined and approved by the FCMC
  • In accordance with the methodology prepared by Ernst&Young and approved by the FCMC, taking into account proposals by FIU Latvia (Control Service), all creditors/potential purchasers of Bank's assets, payments and transactions are subject to the AML/CFT and sanctions compliance checks
  • The FCMC oversees the consistency of results of the AML/CFT and sanctions compliance checks
  • Pursuant to the planned pay-outs during the liquidation process, the lists of pay-outs are prepared on a regular basis regarding the creditors who have undergone the AML/CFT and sanctions compliance checks in accordance with the requirements laid down in the methodology
  • The FCMC continues monitoring of the pay-outs process and, where necessary, carries out creditors compliance follow-up reviews
  • The FCMC continues to supervise the asset management performed by liquidators also in the course of pay-outs process for the purposes of preserving assets and protection of Bank creditors' interests
  • Until the completion of the Bank's liquidation process, the FCMC controls compliance of the process with the approved plan and assesses liquidators' reports

*AML/CFT – anti-money laundering and combatting the financing of terrorism

 

Other materials:

FCMC permits ABLV Bank AS to implement voluntary liquidation plan under control of FCMC

PRESENTATION on structure of the ABLV Bank creditors, 12.06.

Information by ABLV Bank liquidators regarding the process of creditors' claims recognition under the FCMC supervision