On Documents of Creditors' Identification and Rights of Representation

Updated on 21 June 2018 at 12.00

We invite the creditors intending to lodge their claims under the procedure of liquidation of ABLV Bank, LAS, the bank in liquidation, to read this information about the documents required for identification of creditors and proving their rights of representation.

Upon lodging their claims, the creditors will be obligated to present the identification and representation documents in person at the headquarters of ABLV Bank, LAS at 23 Elizabetes Street, Riga.

Upon submitting a claim, a creditor has to present original copies of the documents or their notarized copies. The documents should be prepared in Latvian, Russian or English, or should have notarised translation in any of these languages.

Upon lodging a claim, the creditor confirms that he/she has read, agrees and finds binding the General terms of liquidation of ABLV Bank, AS in liquidation.

Please note that this the creditor may be asked to provide additional information and documents depending on the regulatory enactments effective in the Republic of Latvia at any given moment, General Terms of Liquidation of ABLV Bank, LAS, and decisions of the regulatory institutions supervising operation and liquidation of ABLV Bank, LAS or other circumstances. The decision about adequacy and compliance of the documents will be made individually about each creditor, therefore executing requirements listed in this statement do not guarantee that the creditor’s claim will be accepted or satisfied.

Please note that ABLV Bank, LAS may request additional documents in order to carry out due diligence under the Law on the Prevention of Money Laundering and Terrorism Financing and other applicable regulatory enactments, including regarding creditor’s beneficiary and economic activity.

This statement provides information and explanations covering all clients and creditors, therefore please take into account the information that applies to you.

1. If a creditor is an individual

Claimant Documents Required Notes
Creditor is resident Personal identity document

Personal identity documents are:
1) personal identification card or digital personal identification card (eID);
2) passport.

Creditor is non-resident

Personal identity document valid for entering Latvia

Creditor’s representative
  1. Authorisation for representation of rights proving person’s rights to act on behalf of the creditor
If the creditor is a minor, then a document proving that the representative is one of the minor’s parents or other legal representative must be submitted.
   

If the creditor is represented by an authorised person acting on the basis of a power of attorney, then the latter should be valid and compiled in a form of notarial deed. It is creditor’s responsibility to ensure that the power of attorney of the representative is valid for the entire process of liquidation of ABLV Bank. In order to avoid complications upon receiving the money, ABLV Bank suggest issuing a power of attorney that would be valid for at least six months after the deadline for submitting creditors’ claims.

   

If the rights of representation arise from a court ruling, then the court ruling should be presented.

 
  1. Personal identity document

For the representative who is non-resident, a personal identity document valid for entering Latvia.

  • if a creditor or its representative has changed its name, surname and the person does not have a permanent identification number, then the documents certifying change of name, surname, and containing information about the previous name, surname should be presented.
  • if a foreign legislation does not provide a form of notarial deed, the notary should certify in the power of attorney that the person who signs this power of attorney is in capacity to act and has personally signed it in the presence of the notary.
  • if according to the power of attorney, law or court ruling several persons have joint rights of representation, then the creditor should be represented by all these authorised persons together.
  • if the power of attorney is issued more than two years ago, one should present the certification about that the power of attorney is not revoked.

2. If a creditor is a legal entity or legal arrangement1

Claimant Documents Required Notes
Creditor
  1. Documents certifying the name, legal form and incorporation of the creditor, or its legal registration
If this information is available in other documents being submitted by the creditor, for example, in a statement from a commercial register, Articles of Association etc., then a separate document is not required.
 
  1. Articles of Association or Memorandum of Association
If the creditor’s jurisdiction or legal form does not require having Articles of Association, then a Memorandum of Association can be submitted.
 
  1. Documents certifying that the creditor is not liquidated
Statement from a commercial register, certificate of good standing, certificate of incumbency, or similar document.
 
  1. Documents certifying the representative’s rights to act on behalf of the creditor
If the creditor is being represented by the board or any other governing body, then the documents evidencing the list of members of the board should be presented (for example, statement from the commercial register, document about electing the board).
    If the creditor is represented by an authorised person acting on the basis of a power of attorney, then the latter should be valid  and compiled in a form of a notarial deed. It is creditor’s responsibility to ensure that the power of attorney of the representative is valid for the entire process of liquidation of ABLV Bank. In order to avoid complications upon receiving the money, ABLV Bank suggest issuing a power of attorney that would be valid for at least six months after the deadline for submitting creditors’ claims. The creditor should present the documents certifying the authorising person’s authorisation rights (for example, a statement from a commercial register, a document about electing the board) should be presented.
    If the creditor is represented on the basis of sub-authorisation, one should additionally present a document certifying the authorising person’s rights for sub-authorisation.
    If the authorisation arises from a court ruling, the court ruling should be presented.
 
  1. Personal identity document of the creditor’s representative

Personal identity documents are:
1) personal identification card or digital personal identification card (eID);
2) passport.

  Documents additionally required from legal arrangements  
 
  1. Documents certifying the status of the legal arrangement, purpose of founding it and its name
Depending on the structure of the legal arrangement, some other documents may be required.
 
  1. Documents certifying structure and management scheme, including the beneficiary or a person in whose interests the legal arrangement has been established or operates
 
  • if a creditor or its representative has changed its name, surname and the person does not have a permanent identification number, then the documents certifying change of name, surname, and containing information about the previous name, surname should be presented.
  • if a foreign legislation does not provide a form of notarial deed, the notary should certify in the power of attorney that the person who signs this power of attorney is in capacity to act and has personally signed it in the presence of the notary and was able to act on behalf of the legal entity or it arises from other documents to be submitted (for example, statement from the commercial register where it is seen that the power of attorney is signed by the board of the legal entity).
  • if according to the power of attorney, law or court ruling several persons have joint rights of representation, then the creditor should be represented by all these authorised persons together.
  • if the power of attorney is issued more than two years ago, one should present the certification of the company’s official in charge about that the power of attorney is not revoked.

3. Other claims and information

If a creditor is micro, small or medium-sized company

In case the creditor falls into the category of a micro, small or medium-sized company by its turnover as provided in Annex 1 of Regulation No. 651/20142, the creditor is entitled to submit the documents certifying this fact.

Requirements for preparing public documents

Requirements for preparing public documents3 to be submitted — authentication with Apostille and legalisation:

  • Public documents of Latvia, member-states of European Union, European Economic Area, Swiss Confederation, Russian Federation, Republic of Belarus, Ukraine, Kyrgyz Republic, Republic of Moldova, Republic of Uzbekistan do not require legalisation or Apostille;
  • If a public document is issued in a country that is a member-state of Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents of 5 October 1961 and that is not in the list of the abovementioned countries, then the authenticity of the document should be certified with Apostille. It is allowed to accept documents that are legalised for using in the territory of another member-state.
  • If a public document is issued in the country that is not in the list of the abovementioned countries, then the document should first be legalised in the competent body of the appropriate country, and then it should be legalised in the Consular Department of the Ministry of Foreign Affairs of Latvia, or Latvian diplomatic or consular missions in the respective country.

1 In accordance with the definition provided in Clause 8 of Section 1 of the Law on the Prevention of Money Laundering and Terrorism Financing, namely, legal arrangement – an association of persons which has a permanent legal capacity and capacity to act, as well as an arrangement which is not a legal person, but has a permanent legal capacity and capacity to act and the structure of which may involve a founder, proxy, supervisor (manager) or statuses similar thereto, and a beneficiary – if the natural person gaining the benefit is not yet identified – a person in whose interests the legal arrangement has been established or operates, any other natural person who is actually exercising control over the legal arrangement, by means of ownership or otherwise. ^
2 Commission Regulation (EU) No. 651/2014 of 17 June 2014 declaring certain categories of aid compatible with the internal market in application of Articles 107 and 108 of the Treaty Text. ^
3 Public documents are: a) documents emanating from an authority or an official connected with the courts or tribunals of the State, including those emanating from a public prosecutor, a clerk of a court or a process-server; b) administrative documents; c) notarial deeds; d) official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures. ^