Poor reputation. That the National Bank prepares for the "meaning of the bank" and companies of Russian oligarch Friedman

"Alfa-Bank has been rebranding. Today it is SENSE Bank. There are already nationalization procedures as such. The nationalization of" Alfa-Bank "will not look like Privatbank, because there are much less number of individuals who have deposits and more" , - the statement quotes Podolyak "Ukrinform". At the same time, the official announcement of the transfer of shares of the bank of the Russian oligarch Mikhail Friedman to the Ministry of Finance of Ukraine as of December 14 was not.

And the Chairman of the Board of the National Bank of Ukraine Andriy Pyshny in an interview with Forbes Ukraine generally avoided answers to questions about the fate of the bank. "The NBU carefully monitors the solvency and liquidity of all banks. Our task is that systematically important Alfa-Bank has fun and stable, regardless of shareholders," he said. As focus wrote earlier, in October, Alfa-Bank shareholders declared their willingness to capitalize the bank for $ 1 billion.

The bank's shareholders also reported that in the case of a government or national bank decision on the need to transfer control to a bank or other shareholder, are ready to transfer its shares free of charge. However, according to the head of the NBU Andriy Pishny, a relevant package of documents for the pre -capitalization of the National Bank from the shareholders of "Alfa" did not receive.

Today, taking into account the laws and regulations in force in Ukraine, the sub-Russian beneficiaries cannot either capitalize the bank or sell it to the new owner. "According to the provisions of subparagraph 2 of paragraph 1 of the Cabinet of Ministers No. 187, the moratorium (prohibition) for the alienation of corporate rights of persons related to the aggressor state is in force.

, Yes, today the alienation of corporate rights, which now belong to individuals related to the Russian Federation, is not possible, " - commented Yevgeny Artyukhov, the senior partner of the ASA Group. Alfa-Bank's pre-capitalization will be carried out after nationalization, because now the shareholders cannot transfer funds to the bank's capital. The nationalization of Michael Friedman's bank, according to experts surveyed by the focus of experts, has already been resolved.

"In my opinion, the process of changing the owners of" Alfa-Bank/Mean of Bank "was launched on February 24, 2022, after the start A low chance of selling such a large bank by any respectable strategic investor. Economist, member of the Financial Analytists Society Vitaliy Shapran recalled that in early October, Parliament adopted a special law that regulates the nationalization of systemic important banks, which belongs to Bank.

But to complete it requires a political decision, whether such a decision is made, - says the expert. The Law "On Amendments to the Tax Code of Ukraine and other laws of Ukraine on the peculiarities of withdrawal from the system of a systematically important bank in the conditions of martial law" (Bill No. 8069) simplifies the procedure for the transition of a system-important bank to the state at the time of action in the country of martial law.

did not fulfill its obligations to depositors and other creditors in accordance with the contract or defined by the legislation of Ukraine. ”That is, under this Law, the Friedman Bank will only be nationalized after its recognition is insolvent. But now, as experts say, the grounds no - the bank is steadily working without the risk to customers and keeping them basket Tiv.

But as soon as the problem is fulfilled by the bank to clients, or the bank does not repay the refinancing loan on time, the NBU will be able to instantly declare the bank insolvent and launch the procedure for the acquisition of its shares by the Ministry of Finance for 1 hryvnia, as it was with Privatbank. "In order for the state to nationalize the bank, it must first be recognized as insolvent. Only then will the state be able to enter the capital of the bank.

There is another opportunity to buy a bank from its owners. - It will be the purchase of an asset by the state from sub -persons, therefore, the only way to enter the capital of the bank is to recognize it insolvent, and further or to go by analogy with the nationalization of Privatbank, or to act in accordance with the rules of the bill on the peculiarities banks.

The second option is if the bank is recognized as insolvent because of liquidity problems - for failure to fulfill obligations to depositors and clients, " - explained Yevgeny Dubogriz. In the financial sector, Alfa shareholders in Ukraine also have a large alpha insurance insurance company. In early December, the NBU terminated the license of this company to provide financial services. To correct the shortcomings of the company, they gave a year - by December 5, 2023.

"These measures of influence are applied in connection with the inconsistency of the companies with the requirements of the Regulations on licensing and registration of representatives of financial services and the conditions for carrying out their activities for the provision of financial services, approved by the Resolution of the Board of the National Bank of Ukraine of December 24, 2021 No.

153 (as amended) Namely, the requirements for the business reputation of financial services providers, ”the National Bank noted. On the same day, the NBU suspended the license of SC "Motor-Garant" Vyacheslav Boguslaev, and earlier in November the National Bank recognized the reputation of Boguslaev as unhappy because of his Russian citizenship. Now the further activity of the Alfa Insurance Insurance Company is a big question.

"There was a situation where there is an owner who may and would like to get rid of the asset, but the operations of the shares are forbidden because the owner of the company is a Russian citizen. The closed circle is out. The license is stopped, they were given a year to correction.

A year in the general approach to assets of citizens from the aggressor country and sanctions imposed on them? ",-comments the situation with the license" Alfa "by the head of the Association" Insurance Business "Vyacheslav Chernyakhovsky. The very fact of the terminated license, however, does not yet indicate a complete stop of the insurer's activity.

"The temporary deprivation of a license to carry out insurance services actually means the impossibility of an insurance company to enter into new insurance contracts. Since, according to the Constitution of Ukraine, the law does not have retroactive time, all insurance contracts concluded by an insurance company before the license loss remain.

Moreover, the insurance company does not need a license to serve these contracts (evaluation of damage, insurance payments), "Igor Chudovsky, managing partner of the Chudovsky and Partners, explained. But the inability to conclude new contracts can adversely affect the financial condition of the insurance company, as reported by Vyacheslav Chernyakhovsky.

Suspension of a license usually does not lead to the restoration of the company's activity - it will later simply not have money to pay administrative and economic expenses, when it is impossible to conclude new contracts and receive an influx of finances. Reserves will be enough only for payments for insurance events, but for this it will have to dramatically reduce all expenses, freeing almost all staff, to give up offices, to sell property, etc. " - said Vyacheslav Chernyakhovsky.

Disadvantages "related to the reputation of the owners, is probably about the potential change of the shareholder of the insurance company. " I think they will try to do what Alfa-Bank does. Or "replace" shareholders - to transfer the possession of shares on someone, for whom there are no sanctions.

Because to sell such an asset is not for a tick ", not" for the regulator ", but to sell - it is very difficult to repeat what they did in the bank - to find a" trustee ", formally independent, to whom to transfer management. But I do not think that such actions will convince the regulator - new measures of influence are imposed precisely through shareholders, some permutations in management will change nothing even in the legal plane, " - said Yevgeny Dubogriz.

In his opinion, the NBU license can return the Friedman's insurance license either after the owners change, or in case of removal of sanctions from the beneficial owners. Vyacheslav Chernyakhovsky noted that the National Bank had an option to put a manager in Friedman, who would governing instead of a shareholder, since it was already implemented in "The Sens of Bank", where instead of Russian shareholders, the decision is made by Bulgarian economist Simeon Dyankov.

The expert believes that if the NBU has provided an insurance company for a year to eliminate violations, then it is possible to calculate the search for some decision during this time. "Such a long term-all year long-says that they can prepare some solution for Alfa Insurance Insurance and Motor-Garant IC," Chernyakhovsky said. If no decision to change the owners of the Alfa Insurance Insurance , companies simply have to curtail their activities and leave the Ukrainian market.