On May 8, 2018 the Prime Minister and Minister of Finance wrote a letter to the Bank issuing certain directives pursuant to Section 27(1)(e) of the International Banking Act (“the
Preventative Measures”) which require, among other matters, that the Bank provide to the CBB:
· proof of its long-term
investments including daily changes in their value;
· daily statements and supporting documentation of all accounts held at financial institutions;
· details and proof of all other assets and liabilities;
· accelerate the raising of funds necessary to meet its existing obligations to all depositors;
· cease all related party transactions with the exception of Quadrant which the Bank does not agree is a relat4ed party under the International Bank Act;
· cease entering into any new contractual arrangements.
Essentially these requirements make it impossible for the Bank to conduct any business without Central Bank or Minister of Finance approval, which has not been forthcoming to accelerate repayment of depositors.
Furthermore, on June 7, 2018 the Central Bank issued a press release confirming that the Bank is under enhanced supervision and that certain preventative measures were implemented on May 8, 2018.
Apart therefrom, it should be noted that one of the Preventative Measures requires the Bank to accelerate the raising of funds. In order to raise funds to pay out depositors the Bank must liquidate its assets. The grant of an injunction restricting the Bank from liquidating its assets would be contrary to the directives issued by the Bank’s regulators and contrary to the interests of depositors.
As the Bank has sought to liquidate its assets with a view to fully satisfying its depositor and other
creditor liabilities, the Bank has at all times liquidated assets for valuable consideration at the best price reasonably obtainable in the circumstances in the best interest of depositors, creditors and stakeholders as a whole.
Over the five month period from December 31, 2017 ended May 31, 2018, the Bank has reduced its total deposit and other liabilities by US$119 million from US$214mn to US$95mn, while its total assets have reduced by US$123 million corresponding to a total loss of a little under $4 million.
On June 14, 2018 representatives of the Bank met with representatives of the Central Bank and thereafter with the Prime Minister and made proposals for the settlement and payment of the Bank’s obligations to depositors and to seek approval from the Central Bank for the entry by the Bank into the Second Tranche. Such approval has not yet been granted and the Bank has no indication that it may be.
Furthermore, on June 20, 2018 the Prime Minister and Minister of Finance wrote a letter to the Bank issuing certain directives pursuant to Section 27(1)(e) of the International Banking Act (“the
New Preventative Measures”) which are to replace the Preventative Measures issued in his letter of May 8, 2018. The New Preventative Measures require, among other matters, that the Bank:
a) Cease directly or indirectly disposing, assigning, charging, pledging, transferring, distribution or dissipating any asset or liability of
Choice Bank or any subsidiary of Choice Bank, whether such asset or liability is located or held within or outside of Belize, without the prior written approval of the Central Bank of Belize;
b) cease directly or indirectly entering into, continuing or acting in furtherance of any contract or arrangement or taking any other action related to the disposal, assignment, charging, pledging, dissipation, distribution or transfer of any asset or liability of Choice Bank, whether such asset or liability is located or held within or outside of Belize, without the prior written approval of the Central Bank;
c) cease accepting new deposits and entering into any new contractual arrangements.
Thus, despite the Bank not having been put in statutory administration, the Central Bank and the Minister of Finance have in effect through the New Preventative Measures sought to take control of the Bank and the representatives of the Central Bank are acting as de facto directors of the Bank.
The Bank has been advised by the Bank’s Attorneys-at-law and verily believe that the New Preventative Measures restrict the Bank from even negotiating possible settlements of these Claims without the approval of the Central Bank.
The Bank further been advised by the Bank’s Attorneys-at-law and verily believe that the New Preventative Measures which have purportedly been issued by the Minister of Finance under Section 27(1)(e) of the International Banking Act and the conduct of the Central Bank in seeking to take control of the Bank without actually putting it into statutory administration are
ultra vires their authority and unlawful.
As such, it is desirable that the Central Bank and the Minister of Finance be added as Interested Parties to all Claims the Bank faces to enable the Bank to be able to properly defend these Claims.
At the same time, the Bank has continued to maintain and comply with the Central Bank’s prudential standards including approved liquid assets of US$25.4 million or 28% of total deposit liabilities in excess of the legally required 24% as aforesaid..
Further the Bank denies claims that the Bank is attempting to ‘de-nude itself in the jurisdiction of Belize by the movement of its assets or deposits to another jurisdiction. This has not occurred.
The Bank remains committed to its business in Belize and subject to Central Bank and Minister of Finance approvals intends to reopen for business about June 30th.