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Liquidation of BIAC: details from the representatives of the AGL Group

03/11/2022
Categories: Companies

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The representatives of the AGL group reacted to the press release from the “Communication Unit of the BIAC Liquidator” circulating on social networks. This document, which names MUTIRI WA BASHARA and Maître LUBALA MUGISHO as being “in charge of the provisional administration of BIAC”, is controversial.

Reacting to the untruths contained in the press release, printed on “BIAC EN LIQUIDATION” letterhead and bearing no signature, the named wish to specify the following:

LiiiTag Mrs Mutiri and Lubala were never in charge of the interim administration of BIAC. They are the representatives of the AGL group appointed independent liquidator by the Central Bank according to Service Order No. 169/20 of 9 October 2020;

liiitag The BIAC Interim Administration Committee, composed of Central Bank agents, was set up by Service Order dated 30 May 2016;

LiiiTag Scheduled for a period of 24 months, the mandate of the independent liquidator was actually exercised for only about 6 months, the BIAC shareholders having initiated numerous legal actions and therefore did not proceed with the realization of the assets and other guarantees (sale of real estate and forced collections,...).

This is how:

1- At the request of the General Prosecutor's Office at the Court of Appeal of the

Gombe, following a complaint from the shareholders, they obtained seals on the offices of the bank in forced liquidation as early as November 25, 2020, more or less a month after the independent liquidator took office, seals which were lifted on December 7, 2020;

2- The Council of State, hearing an application for summary suspension of ROR 171, ordered the suspension of the forced liquidation operations decided by the BCC as mentioned above and the appointment of an asset manager in the person of the President of the National Order of Chartered Accountants of Congo, who was broken into the BIAC facilities and who worked from January to June 2021 outside of any control of the BCC;

3- After the suspension was lifted by the said Council of State pursuant to its order ROR 272, the shareholders of BIAC have, as of 5 January 2022 to date, obtained the freezing of the assets in the account of the bank in liquidation following a request from the Prosecutor General at the Court of Cassation acting on an injunction from the Minister of Justice.

This freeze, which comes after the inventory and valuation of this bank's assets, will deprive the independent liquidator of the means necessary to pursue his mission and to safeguard, protect and maintain said assets, a common guarantee of all BIAC's creditors, significantly reducing its value in fact deterioration in particular.

Furthermore, the independent liquidator intends to execute the court decision (ordinance 483 of the Council of State) in the presence of the Central Bank of Congo from whom he derives his mandate in full transparency. It is deplorable that the authors of the above press release involved the highest authority in the country in the outcome of a judicial case.

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