Personal funds on the accounts of the leaders of the Bank Otkrytie, including those managing offices and chief accountants of the branches, are frozen in accordance with the Law on Bankruptcy. This norm is applied in the practice of sanitation for the first time and lawyers consider the list of officials to be excessively harsh.
The fact that in the bank "FC Otkrytie" personal accounts of top managers and middle managers (managers of offices and chief accountants of branches) are frozen, on September 22 the portal banki.ru reported. According to him, among the bank's employees there is a "high level of anxiety" due to information that the funds will be charged to the bank's income. In particular, in order to pay customers if necessary.
The bank confirmed the write-offs. "The termination of FC Bank Otkritie's obligations to a number of managing employees and bank supervisors is carried out in accordance with Article 189.49 of Law 127-FZ regulating the Bank of Russia's participation in the implementation of financial rehabilitation measures of the bank," said Alexander Dmitriev, Managing Director of FC Otkritie. - In this case, funds from the accounts of employees and controlling persons are written off in favor of the bank. This is an obligatory stage in terms of financial recovery of the bank. " According to the law, the termination of obligations to managers and supervisors for loans, loans, deposits and other cash requirements is one of the prerequisites for the capitalization of the bank at the expense of the funds making up the Fund for the Consolidation of the Banking Sector, the top manager specified, without disclosing the amount of write-off .
This article entered into force in July and is used in practice for the first time. The logic is fair, but the list of individuals whose funds are subject to write-off is redundant, lawyers say. According to the law, the number of managing employees includes persons holding the posts of the sole executive body, its deputies, members of the collegial executive body, chief accountant and his deputy, heads and chief accountants of the branches, members of the board of directors and bank supervisors. According to Igor Dubov, partner of Iontsev, Liakhovsky and Partners, it is unfair to include in the list of heads of branches, chief accountants and their deputies, for their guilt can not be clearly: "Obviously, the branches have limited powers and all serious decisions are made at the level of government bank, so they should not be responsible for this with their money. "
It is noteworthy that, according to the media, during the mass withdrawal of deposits from the "Discovery" in July-August, VIP clients mainly took money, among which were the beneficiaries of the bank, who already knew that the bank would be transferred to the Central Bank.
"That is, most likely, most of the responsible persons will be managers in the regions who have learned about the decision of the Central Bank from the press," argues Igor Dubov. "To cover the" hole "of the" Discovery "(the Central Bank estimated it at 250-400 billion rubles). their accumulation is insignificant, but for them it can be very tangible loss. "
Some of the employees of the "Discovery" have already left the bank, but they will have to answer legally along with the current employees, lawyers say. As well as top managers excluded from the board and the board of directors: Ruben Aganbegyan, Elena Budnik, Gennady Zhuzhlev and Konstantin Tserazov (their powers were terminated on August 29). "The norm of this article will affect all those who held these positions on August 29, when the Central Bank decided to introduce an interim administration," Mr. Dubov said. "Regardless of whether they are currently working in the bank or not."