Appeal Court takes NBU side in dispute with Kolomoisky about list of persons associated with PrivatBank

The Sixth Court of Appeal in Kyiv confirmed the legality of decision No. 205 of the National Bank of Ukraine (NBU) dated December 13, 2016 on the determination of persons associated with PrivatBank, which was canceled by the District Administrative Court of Kyiv on April 18, 2019 at a suit of Ihor Kolomoisky's company Triantal Investments Ltd. (Cyprus).

According to the NBU website, the court adopted such a decision on December 13, having closed the proceedings in this case.

"… the proceedings are closed, because in accordance with a position of the Grand Chamber of the Supreme Court in case No. 826/20221/16, a decision of the National Bank on the determination of associated persons cannot be appealed in a court of any jurisdiction," Viktor Hryhorchuk, Head of Litigation of the Legal Department at the National Bank of Ukraine, said.

The National Bank recalled that Triantal Investments Ltd., controlled by former shareholder of PrivatBank Ihor Kolomoisky, before nationalization, owned 16.7362% of the bank's shares. According to Article 52 of the law on banks and banking, the NBU, when exercising banking supervision, can determine persons related to the bank, and had implemented it, having determined at the end of 2016, before nationalization of PrivatBank, a list of its related persons.

The regulator indicated that its decision did not violate the rights of Triantal Investments Ltd., because the company as a shareholder was recognized as a party connected with PrivatBank by a decision of the board of the same bank back in the days of the previous owners.

As reported, on May 24, 2019, the NBU filed appeals against two verdicts of Kyiv District Administrative Court dated April 18, 2019, which overturned the NBU's decisions on the withdrawal of insolvent PrivatBank from the market with the participation of the state and determining the list of related persons with PrivatBank.

Source: www.en.interfax.com.ua