The Central Bank first lost in the trial of the Russian credit institution – the Asia-Pacific Bank (ATB), a passing procedure (financial recovery) from the regulator, write “Vedomosti” with reference to the materials of the Amur Arbitration Court.
In the Court’s court, he tried to recover from the bank’s leadership damage incurred as a result of a sanation. Its size regulator calculated as the difference between the income received from the investment in ADB, and the potential income from the placement of the same means according to the key rate at that time (7.5 percent was equal).
The regulator in his claim rated the damage incurred by $ 13.5 billion and argued that he became a consequence of the actions of Top Managers ATB. At the same time, according to those surveyed by the publication of lawyers who participated in the process, the Central Bank did not prove the fact of incurred losses and the guilt of the defendants, as required by the provisions of the Civil Code.
As a result, the court first stood on the side of the bank in a similar dispute with the regulator. Specialists call such a solution to an important precedent, which can be used in the future. The court decision states that the Central Bank did not at all suffer damages from the Sanation ATB, but, on the contrary, received an income of $ 6.75 billion rubles.
ATB Sanation began in 2018. Then the Central Bank provided two tranche bank: to cover the difference between liabilities and assets (“holes in capital”) and to maintain liquidity. In the future, the Central Bank announced its intention to sell ATB for 2021.