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The Central Bank of Cyprus Decree regarding Laiki Bank and the Bank of Cyprus
The Central Bank of Cyprus Decree regarding Laiki Bank and the Bank of Cyprus:
1. Laiki Bank
The resolution measures already adopted are:
(a) The sale of Laiki Bank’s branches in Greece to Piraeus Bank in Greece
(b) The sale of Laiki Bank’s business in Cyprus (excluding the bank’s subsidiaries and branches abroad) to the Bank of Cyprus.
As a result of the above, all contracts are transferred to either the Bank of Cyprus or Piraeus Bank.
Moreover, the following points are clarified:
- All insured deposits (individuals and legal entities) up to €100.000 have, as of 26 March 2013, been transferred from Laiki Bank to the Bank of Cyprus. In addition, the entire amount of deposits belonging to financial institutions, the government, municipalities, municipal councils and other public entities, insurance companies, charities, schools, educational institutions, and deposits belonging to JCC Payment Systems Ltd have been transferred to the Bank of Cyprus.
- All other deposits exceeding €100.000 remain in the 'bad' Laiki Bank.
- All loans and credit facilities to Laiki Bank customers are transferred to the Bank of Cyprus, apart from the amount which is attributed to the deposits that remained in the 'bad' Laiki Bank, as mentioned above. In other words, there will be a set off between loans and deposits.
2. Bank of Cyprus
The resolution measures are:
(a) The sale of Bank of Cyprus’s branches in Greece to Piraeus Bank in Greece.
(b) Adopting a bail-in rescue plan.
- For the purposes of the above measure, if the aggregated deposits a customer (individual or entity) held on 26 March 2013 at the Bank of Cyprus exceed €100.000, then for the amount higher than €100.000 the following apply:
(a) Total loans and credit facilities of the customer on 26 March 2013 at the Bank of Cyprus are deducted from the deposits exceeding €100.000. If the sum of the balances of loans and credit facilities is greater than or equal to the amount of deposits exceeding €100.000, then the resolution measures are not applicable to this client. If the sum of the balances of loans and credit facilities is less than the deposits exceeding €100.000, then the following apply:
(b) 37,5% of this difference is automatically converted into Class A’ shares of the Bank of Cyprus, with voting rights and dividends.
(c) 22,5% of this difference is temporarily ‘frozen’ and possibly part or the whole of it, will be converted into Class A’ shares of the Bank of Cyprus with voting rights and dividends for the purposes of the bank’s resolution. In that regard, an independent valuer will be appointed for the valuation purposes of the Bank of Cyprus. Not later than 90 days from the completion of the valuation, all or part of that percentage might be converted into shares and the remainder returned to the depositor. To the extent that the 22,5% will be re-deposited, the interest will be calculated retrospectively together with a small increment.
(d) The remaining 40% of the difference is temporarily ‘frozen’ for liquidity purposes. However, the interest continues to be calculated for this deposit based on the existing interest rate, plus an increment of 10 basis points. This amount will be ‘unfrozen’ in a short period of time and will not be used for resolution purposes.
- The current capital of the Bank of Cyprus (shares, securities convertible into shares, bonds) is converted into new shares as explained below:
- The existing ordinary shares are converted into new shares of Class D'.
- The existing securities which are convertible into shares are converted into new shares of Class C '.
- Existing bonds are converted into new shares of Class B '.
Voting rights and dividends for the above-mentioned new classes of shares (B’, C’, D’) may be exercised only if the total dividends to be given to holders of Class A’ shares reach the original contribution plus interest at an annual rate of EURIBOR-3 months plus 10%. Class A’ shares have full voting rights and dividends.
30 March 2013
Disclaimer: The information above is according to an official announcement of the Central Bank of Cyprus on 30 March 2013 and may be modified by new Decrees issued by the Central Bank of Cyprus. This information is for general information and should not be relied on for any commercial or investment decisions.