Taking into account the public interest in the topic, the NBU comments on the statement published in the mass media by Simeon Dyankov, a trustee who was given the right to vote on the shares of the sanctioned owners of a significant stake in JSC “SENS BANK” (previous name – JSC “ALPHA-BANK”)
- The National Bank of Ukraine did not give Mr. Dyankov any instructions regarding negotiations to find potential investors for Sense Bank. In April 2022, the NBU appointed Simeon Dyankov as a trustee, who was given the right to vote on shares indirectly owned by the sanctioned owners of a significant stake in SENS BANK JSC, as well as the right to participate in the management of the bank.
The repeated mentions in the interview that the regulator has defined certain tasks for Mr. Dyankov regarding “reducing the share of sanctioned persons among shareholders” and “searching for an investor” are not true and are a manipulation that can mislead readers.
- To their written appeal to the NBU, Mr. Dyankov and Mr. Shpek received a response on the merits, which stated that, taking into account the sanctions imposed on M. Fridman and P. Aven by the EU Council, as well as the sanctions of the National Security Service of Ukraine, which were applied to M. Friedman, P. Avena and A. Kosogov, all the mentioned persons are deprived of the right to dispose of their own assets and alienate them in any way until the sanctions are lifted.
The specified answer gives an unambiguous understanding that Ukrainian legislation does not provide for permission mechanisms for sanctioned persons to use the right to alienate bank shares until such sanctions are lifted. Therefore, there are no grounds for the planned “meetings at the NBU and OP” mentioned in the publication.
- The NBU confirms the receipt of a letter from a potential investor, to which a comprehensive answer was also provided. In addition, we once again remind the representatives of the bank that in accordance with Art. 34 of the Law of Ukraine “On Banks and Banking Activities” (hereinafter – the Law on Banks), a person who intends to acquire a significant share in a bank is obliged to notify of his intentions and simultaneously submit a complete package of documents to the National Bank.
The NBU did not receive from the interested party a package of documents specified by the Law on Banks and regulatory legal acts of the National Bank for approval of the acquisition of a significant stake. Banks’ communication with the regulator regarding the above-mentioned issues is clearly defined by legislation and does not provide for a different format of appeals and negotiations. As in the case of the potential recapitalization of the bank by USD 1 billion, we state that the required package of documents was not submitted for consideration by the NBU.
- With regard to reservations about the growth of the state’s share in the banking sector, we note that such growth is caused primarily by the peculiarities of the functioning of the economy during the war, and is a forced and temporary consequence of it. The full-scale war unleashed by the Russian Federation in Ukraine is an unprecedented and tragic event, the challenges of which we must overcome.
During our numerous meetings and negotiations with international colleagues, we repeatedly discussed the situation on the banking market, in particular, potential scenarios for the development of events, with the aim of preserving financial stability. We can attest to their complete understanding.
- The possibility of nationalization of any systemically important bank will be considered by the Cabinet of Ministers of Ukraine on the basis and in the manner determined by law.