Guidelines - FBME BANK LTD - Under Liquidation

FBME BANK LTD, Cyprus Branch under Liquidation (the “Branch”)

Guidelines for the completion and submission of proof of debt claims and supportive documentation, by the depositors and creditors of the Branch.

1. Client Identification Form

Online completion of the Client Identification Form (“CIF”) found at the Cyprus Branch section of this website for identification purposes. All depositors and creditors must ensure that the information inserted therein needs to be aligned with the documentation to be submitted for the verification of the claim as stated in points 2.1. and 2.2. below. In case of any differences with the clients’ information maintained in the systems of the Branch, these need to be fully substantiated and explained by the supporting information provided.

Under no circumstances, completion of the CIF shall be considered as a valid and conclusive submission of claim and all depositors and creditors remain obliged under applicable law to deliver at the Branch premises all the documents requested in points 2.1. and 2.2 below, in their original form.

2. Required depositors’ and creditors’ identification documents:

2.1. For physical person, at least the following supporting documents must be provided:

Certified* true copy of a valid passport;
Certified* true copy of a valid Identification Card (only in the event of Cyprus Citizens);
Original or certified* true copy of a utility bill evidencing permanent residential address, bearing a date within 3 months of the date of the submission (mobile phone statements are not acceptable);
Curriculum vitae (CV) and Economic Profile;
Certified* Certificate of Tax Residence and Tax number;
Source of Funds in the accounts maintained by the Branch and value of wealth;
IBAN certificate in the name of the depositor/creditor where payment shall be processed should the claim be accepted.

Any payment to be processed by the Liquidator under a valid claim will be subject to all applicable laws, regulations, guidelines on a local and international level that relate to, inclusively but not exhaustively, anti-money laundering procedures, sanctioning prohibitions, priority on payments etc.

2.2. For legal entity, the following supporting documentation must be provided:

Certified* Certificates of Registration, Directors, Secretary, Shareholders, change of name (if applicable), Registered Office and latest Memorandum and Articles of Association of the company that must be certified with recent date as true copies, by the person who under the applicable law is required to maintain the respective registers.
If the provision of the above documents is not applicable under relevant legislation, a declaration and/or statement and/or Incumbency Certificate and/or extract reflecting the most recent composition of the company, provided and/or signed by the relevant authority, that shall include all the above information and/or corresponding information under the applicable law;
Certificate of Tax Residency and Tax Number;
An updated business profile of the customer, including a brief historical background of the legal entity’s activities, for the last 10 years;
Group structure, signed by the controlling person of the legal entity;
Source of funds in the accounts maintained with the Branch;
Curriculum vitae (CV) and Economic Profile of the ultimate beneficial owner;
Beneficial Ownership Registry extract, where applicable;
IBAN certificate in the name of the depositor/creditor where payment shall be processed should the claim is accepted.

All the information requested in point 2.1. and 2.2. (as applicable) is also requested for each director, beneficial owner, registered shareholder and secretary. In the event that the director and/or registered shareholder is a legal entity, all documentation requested in point 2.2. must be provided up to reaching a physical person.

In the event that the intermediate ownership levels of the structure include a trust or foundation, a confirmation letter from the trustee or settlor or the founder/board of directors/foundation administration respectively must be provided, confirming all individual beneficial owners of the trust/foundation, regardless of percentage ownership/interest.

*Certification Requirement:
For countries that have signed the Convention of Hague, valid certification shall be deemed as apostille. If not applicable, certification in form and manner required by the relevant competent authorities in the resident country of the depositor/creditor, subject to discretional acceptance from the Liquidator.

Changes to the information provided:
In the event of any changes to the information provided to the Liquidator since the date of the initial submission of the proof of debt claim, all depositors and creditors are responsible to immediately inform the Liquidator with any such changes submitting the relevant documentation at the premises of the Branch in order to be examined/reviewed by the Liquidator. These documents shall only be deemed as received by the Liquidator upon the latter’s confirmation of receipt.

The Liquidator shall bear no responsibility for any act and/or omission resulting from any changes which have not been communicated to him as per the above and any verification will be made in accordance with what has initially been received.

3. Power of Attorney:

Depositors and creditors who wish to be represented by an authorized individual, must provide a duly signed, notarized and apostilled Power of Attorney (a proposed specimen acceptable by the Liquidator can be found in the Documents section of this website. In case of a different wording to be used, its acceptance or rejection and hence the need for re-submission shall be at the discretion of the Liquidator.

The Power of Attorney needs to be issued and granted even if the individual that is authorized is one of the directors and/or the sole director of the particular depositor/creditor.

The contact details of the authorized individual must be provided to the Branch through the CIF.

4. Proof of Debt process:

4.1. A duly signed and completed verification form as determined by the Companies (Liquidation) Regulations; such form is available on the Forms section of the website of the Department of Insolvency.

Cyprus Citizens and Third Country Nationals must complete the “Debt Verification Form Debt verification for winding up-1” English – Greek
European Citizens must complete the “Form for debt verification by foreign creditors”

Note:
The Liquidator may accept Third Country Nationals completing the same verification form as European Citizens, at his absolute discretion, by taking into account the individual circumstances of each Depositor/Creditor.

If the verification form is signed within the Republic of Cyprus, it must be signed either before the Court Registrar or a person competent to take oaths.
If the verification form is signed outside the Republic of Cyprus, it must be signed before a person competent to take oaths and the signature must be legalized with apostille or certified from the Embassy of Cyprus or the competent authority of the particular jurisdiction.

It should be noted that any costs borne by the Liquidator confirming the validity and authenticity of the subject documents, will be charged to the relevant account of the Depositor/Creditor.

4.2. Supporting documentation evidencing the amount being claimed must be appended to the verification form. The documentation can include a statement of account that can be provided by the Branch upon request.

4.3. All claims shall be submitted in Euro as per the applicable legislation and the rates to be used shall be the relevant European Central Bank rates as at the date of liquidation of the Branch being 19^thFebruary 2019.

4.4. Depositors and creditors who have submitted either only the verification form or only the supporting documents or only part of the requested documentation, will need to submit the remaining required documentation, otherwise their claim shall be considered incomplete.

4.5. Proof of debt claims need to be submitted by the 29^th of December 2023 latest, subject to any extensions provided by the Nicosia District Court.

4.6. All the required original documents shall be delivered and be received at the offices of the Branch at 3 Agiou Prokopiou street, 2406 Egkomi, Nicosia, Cyprus, between Monday to Friday from 9:00am – 12:00pm, excluding official Bank Holidays. Upon receipt, a written confirmation will be provided by a representative of the Branch.

4.7. The Liquidator will primarily review the verification of claim form and all the required supporting documentation, in order to assess whether further information/documentation is required, in which case the depositor/creditor will be notified accordingly.

If all required documentation is in place, the claim will be examined. For either acceptance or rejection of the submitted and examined claim, relevant reasoning will be communicated by the Liquidator to the depositor/creditor via electronic mail, to the email address provided.

The Liquidator always acts as a representative of the Branch and does not bear any personal liability.