Tuesday, April 5, 2011

Credit Swiss one of Europe’s leading financial lender lost its bid to retain 40% stake in Zambia’s finance Bank Limited

Credit Swiss one of Europe’s leading financial lender lost its bid to retain 40% stake in Zambia’s finance Bank Limited after the government repossess the bank.
Under the Government gazette number 815 of 2010, the Zambian Central Bank terminated all shareholders interests in Finance Bank including 40% stake the Netherland based Credit Swiss owns in the bank.
Credit Swisse's end of interest of shares in the bank is in addition to 6 others.
According to the gazette accessed on the bank of Zambia website, the acquisition of 40% stake by Credit Swiss in Finance Bank appears to be a lending transaction because of the underlying agreements that the Bank did not state.
According to the central bank, among other issues the agreement guaranteed a return to Credit Swisse on the investment.
Other shareholders apart from Credit Swisse Investment Nederland BV whose contracts were terminated are Finsbury Investment Limited of Tortilla and British Virgin Island.
Other shareholders whose interests were waived in Finance Bank included Mr Job Albert Samuel of CAANDA, Estate of the late Pat Bwalya Puta of Ndola and another Zambian, Mr Patrick Chamunda.
The bank said that the action was taken in the interest of the Banking and Financial Services Act Cap 387, section 81 (1) clause (i) and (ii) on 10 December last year taking possession of the Finance Bank Zambia with effect from 16hrs local time.
It is further notified that in exercise of the powers conferred upon the central Bank by section 84A (g) of the Act and pursuant to the resolution and order of the Bank of Zambia board passed on December 10th 2010, the bank did non December 22 terminate with immediate effect the shareholders interest in Finance Bank Zambia of all and each of the listed shareholders.
Mr Kanguya Mayondi bank spokesperson of Zambia said that the Credit Swisse Bank interests in Finance Bank had been waived since December 2010 and that the government would proceed with securing other interested bidders in the lender.
Meanwhile Bank of Zambia started the process of evaluating companies that have showed interest to acquire finance bank after the process of the bank’s sale began last month.
Mr Mayondi said the public will soon be advised on the outcome after the evaluation process was completed.
Dr Caleb Fundanga bank of Zambia governor last year announced the take over of Finance Bank with the full approval of its Board of Directors and based on the inspection findings at Finance Bank Zambia Limited.
Mr Fundanga said that the Bank of Zambia’s possession of Finance Bank Zambia Limited is in accordance with its powers as contained in Section 81. (2)(a) of the Banking and Financial Services Act (BFSA) Chapter 387 of the Laws of Zambia. The grounds for taking possession are, furthermore in line with Section 81. (1) (c) (i) and (ii) of the BFSA.
He added that the supervisory action has been taken following the findings from the inspections by the Bank of Zambia conducted on Finance Bank Zambia Limited (FZBL) between October 2009 and October 2010, where a number of serious breaches of the Banking and Financial Services Act (BFSA) were observed.
The measure was done in order to protect the interests of depositors and other creditors of the bank, and to ensure the stability of the banking sector in Zambia as a whole. The decision was decided upon in order to protect the Finance bank Zambia Limited from further damage which has been created by shareholders directors and senior management who have failed in their duties to comply with the law, good governance and management practices.
It was the Central Bank’s belief that had this situation not been averted, the viability of Finance bank would have been compromised and would have put at risk the interests of various stakeholders such as employees of the bank, depositors and other creditors of the bank.
The Government guaranteed all genuine deposits in and other genuine liabilities of Finance Bank Zambia Limited. This guarantee will ensure that there is stability in the banking sector and that there will be no disruptions to Finance Bank Zambia Limited commercial and personal banking services. Bank of Zambia had appointed Mr Leonard Haynes as interim CEO with immediate effect.
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