Decision of the Central Bank to revoke the license of the bank's "West" challenged

Legality of the actions of the Central Bank to revoke licenses of banks re-questioned - Panel of Judges of the Supreme Arbitration Court (IAC) has put the point in the bank "West", successfully challenged in the courts of three instances revocation of license. A panel of judges ruled against the Central Bank refused to refer the case to the Presidium for review. However, a victory in court does not guarantee the bank "West" to return to normal activity: its license could be revoked again as due to lack of capital, the bank has still not increased, and for other reasons, experts say. About this newspaper Kommersant on Wednesday, May 4. Determination Panel of Judges YOU refusal to refer the case to the bank's "West", challenging the revocation of a license by the Bank of Russia, Presidium has been published on the website of the court on Tuesday. The license of the bank "West" was withdrawn on Feb. 25, 2010 due to the fact that as of 1 January 2010 the bank did not meet the requirements for capital adequacy (90 million rubles.). However, the arbitration courts of three instances in Moscow recognized the illegal actions of the Central Bank, and in October last year, "West" regained its license. April 21 The Bank of Russia has submitted an application to the EAC on the supervisory review of judgments of lower courts to invalidate an order to revoke the license of the bank's "West". April 29 a panel of judges you to support the decision the lower courts on procedural grounds. In determining the refusal to refer the case to the Presidium said that the arguments of the Central Bank "can be reduced to a reassessment and investigation of the facts established at trial on the merits, and it does not fall within YOU. Re-apply the same supervisory complaint CBA does not qualify. Thus, in litigation of the Central Bank and Bank West "had come to an end. Dispute Vesta with CB was the only win the pot dispute the legality of capital increase to 90 million rubles. (For non-compliance with this requirement of licenses lost seven banks) and third in the last eight years the event of return the regulator revoked a banking license. The essence of the dispute was the refusal to register the securities produced by participants in the bank's capital increase the bank to the required 90 million rubles. And without registration with the Central Bank even paid capital is not included in the sources of its own funds. Refusal to register representatives of the Bank of Russia and Bauman CB court explained shortage provided the bank documents and, most importantly, inconsistency with the Central Bank of the fact of possession of more than 20% of the shares in the bank group affiliates. Market participants expect that the EAC will act as a united front with the Central Bank. "I think that the filing of appeal in the Supreme CB was caused by the desire to go on a standard process to defend their decisions before the end - the director of Business Development FY BCS Stanislav Khalizov .- Of course, this court's decision was unexpected, it's one of those rare situations where position of the IAC and the regulator of the banking market do not match. " However, according to experts, the winnings of banks in a dispute with the regulator in court do not mean a return to full-fledged banking activities. Previously, banks, whose license was restored, then they were deprived. It happened in 2002 with United Industrial Bank, and in 2006 - with the RTB-bank. In the case of the Bank of "West", despite a court ruling on the illegality of license revocation, the Central Bank until recently did not register an increase in bank capital. The Central Bank had no objections to fulfill the requirements of the court, but only after the owners will make money in an increase in capital, which they took before the revocation of the license. The owners of the bank with a sequence of actions do not agree. "Our members do not feel obliged to re-form capital. After the court decision will be enforced and capital will be registered, we doformiruem - says the head of the bank and the owner of "West" Valery Serlin. - Once again, the Central Bank directed all the necessary documents to transfer them to UFNS. We expect that as soon as the Central Bank will perform the court's decision, issued nearly a year ago. " According to a source of Kommersant at the Central Bank, the regulator has already complied with the court, registering an increase of capital. "We are sorry that you did not listen to our arguments about the impracticability of the decision on registration of a capital increase without actual payment, assuming a situation where the money from the bank is only on paper - says the source edition .- Nevertheless, we have complied with the requirement of court: with the Central Bank of the capital increase is registered, but it must also be registered with the Federal Tax Service, and she refuses to register a non-existent capital, because her ruling does not apply. " To clarify the relationship with tax authorities in the bank's shareholders, "West" is not much time. "Formally, the Central Bank and once again there is reason to re-license revocation, as the bank undercapitalized for more than three months - said Stanislav Khalizov .- In addition, with a strong desire to control, I think, be able to find other reasons to implement this measure."