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Document 52008XC0426(08)
Extract of a winding-up measure decided under Article 9 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Extract of a winding-up measure decided under Article 9 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
Extract of a winding-up measure decided under Article 9 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
OJ C 106, 26.4.2008, p. 28–28
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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26.4.2008 |
EN |
Official Journal of the European Union |
C 106/28 |
Extract of a winding-up measure decided under Article 9 of Directive 2001/24/EC of the European Parliament and of the Council on the reorganisation and winding-up of credit institutions
(2008/C 106/10)
By judgment of the District Court of Luxembourg, commercial division, dated 26 October 2007, the judgment to place in liquidation the Bank of Credit and Commerce International SA, a Luxembourg company with its head office registered at 2a, Kalchesbruck, L-1852 Luxembourg, was supplemented by the addition of the following paragraphs:
‘No default interest will be paid to those creditors who have received payment of one or more dividends at a later date than other creditors.
During the liquidation proceedings, the interim dividends which have not been paid must be retained by the liquidators; the interests produced by these sums are to be allocated to the mass of creditors.
No default interest will be allocated to those creditors whose claims have been finally admitted and who have received payment at a later date than other creditors:
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if, on account of their negligence or events outside their control, they have not provided the liquidators with the elements necessary for payment and, as a consequence, they have prevented the latter from paying the interim dividend(s) to which they were entitled, |
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on account of legal obstacles resulting from foreign legislation with regard to payment in US dollars or resulting from a difficulty regarding the identification of the creditor(s), |
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if the distribution of the interim dividend(s) has been withheld by the liquidators because of the existence of debts on the part of these creditors towards other entities within the BCCI group. |
As regards assets held on a fiduciary basis:
Bonds, direct income or liquid assets received in these security deposits which have not been claimed or which are no longer being claimed shall, from the announcement of the present judgment, be consigned, after deduction of costs, by the liquidators to the Luxembourg “Caisse de Consignations” which will keep them at the disposal of the owners, who will be informed by the liquidators by registered letter sent to their last known address.
The interest on this direct income and liquid assets must in principle be returned to the fiduciary depositors by payment to the Luxembourg “Caisse de Consignations”.
Nevertheless, the BCCI is entitled to receive refund of the costs incurred in conserving these assets prior to and subsequent to the opening of the liquidation proceedings, through compensation from the interest produced by those assets.’
Jacques DELVAUX, Yvette HAMILIUS
Court-appointed liquidators of BCCI SA