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CYPRIOT BANKS HAIRCUT: DEADLINE JUNE,8, 2013

The deadline of June, 8 , 2013 for filing law claims in front of the Cypriot Administrative Courts is getting close. Our law firm with its track proven record of the world's highest compensation for Citibank customers holders of Lehman Brothers bonds has opted to file Administrative law claims but also Cilvil lawsuits in front of Cyprus' Courts. In addition -and perhaps most importantly- we are working on Judicial filings in front of the European Court of Human Rights in Starsbourg for what we feel a direct violation of the right of property (Art. 1 First protocol of the European Convention of Human rights). A free helpline answering FAQs may be used by all interested parties that can reach us through our web contact form.

CAPITAL MOVEMENT RESTRICTIONS IN CYPRUS


9th Decree for Restrictive Measures on Banking Transactions in the Republic of Cyprus

 

(a) The maximum amount of cash withdrawal shall not exceed €300 daily or its equivalent in foreign currency, per person in each credit institution. All cash withdrawals (namely withdrawals via debit and or credit and or prepaid cards, as well as withdrawals from the credit institution’s tellers ) are computed per person consolidating all accounts held by the said person in each credit institution:

 

Provided that any part of the maximum cash withdrawal allowed daily which is not withdrawn by the beneficiary during the day in which the limit applies, starting on the 27th of March 2013 the date of entry into force of the Enforcement of Temporary Restrictive Measures on Transactions in case of Emergency First Decree, of 2013, may be withdrawn at any time afterwards.

 

(b) The cashing of cheques is prohibited.

 

(c) The following are permitted:

 

(i) transfer of deposits/funds to accounts held in other credit institutions up to €3.000 per month per natural person in each credit institution within the Republic

 

(ii) transfer of deposits/funds to accounts held in other credit institutions up to €50.000 per month per legal person in each credit institution within the Republic

 

(iii) cashless payment up to €300.000, per transaction to an account held in another credit institution within the Republic,:

 

Provided that the cashless payment is made for the completion of a transaction:

Provided further that the cashless payment from one credit institution to another, for a person’s own account is not permited:

 

Provided still further that the credit institution may request justifying documents if it may deemed necessary.

 

(iv) transfer of deposits/funds to an account held in another credit institution within the Republic for an amount from €50.001 up to €300.000 per transaction, for transaction that falls within the normal business activity of the customer, upon presentation of justifying documents, without been subject to the Committee’s approval:

 

Provided that each credit institution shall ensure that the justifying documents presented in each case, justify the execution of the transfer of deposits/funds.

 

(v) cashless payment and or transfer of deposits/funds for an amount over €300.000 per transaction, for transactions that fall within the normal business activity of the customer provided the Committee’s approval is obtained. The credit institution submits to the Committee a request for each payment as well as the necessary justifying documents. The Committee in taking its decision takes into account the justifying documents and the liquidity buffer situation of the credit institution

 

(d) Cashless payment and or transfer of deposits/funds to accounts held abroad are prohibited, with the exception of-

 

(i) transaction that falls within the normal business activity of the customer upon presentation of justifying documents as follows-

 

(aa) payment and or transfer of deposits/funds of up to €20.000 per transaction, is not subject to the Committee’s approval:

 

Provided that each credit institution shall ensure that the justifying documents presented in each case, justify the execution of the payment and or of the transfer of deposits/funds.

 

(bb) payment and or transfer of deposits/funds from €20.001 to €300.000 per transaction, is subject to the approval of the Committee. A list of the requests for payments falling within this category shall be submitted to the Committee in a

standardised electronic file in a format specified by the Committee. A request may be included in the list only if the credit institution is satisfied that the file content is consistent with the provisions of this Decree. The Committee in its decision, which shall be taken within 24 hours, shall take into account the liquidity buffer situation of the credit institution.

 

(cc) payment and or transfer of deposits/funds above €300.000 per transaction, is subject to the Commission’s approval. The credit institution shall submit to the Committee a request for each such payment and or transfer of deposits/funds as well as the necessary justifying documents The Committee in taking its decision takes into account the justifying documents and the liquidity buffer situation of the credit institution.

 

Provided that the Committee may request information for payments falling within the categories of sections (bb) and (cc).

 

(ii) payments for salaries of employees upon presentation of supporting documents.

 

(iii) living expenses up to €5.000 per quarter as well as tuition fees, of a person who is studying abroad and is a first degree relative of a Cyprus resident, on the basis of supporting documents:

 

Provided that payments for living expenses shall be allowed only upon submission to the relevant credit institution of documents establishing that the person receiving the payment and or transfer of deposits/funds is studying abroad and is a first degree relative of a Cyprus resident:

 

Provided further that tuition fees shall be paid only to the beneficiary educational institution, upon submission of the relevant justifying documents:

 

Provided still further that the credit institution maintains a catalogue in which it records and monitors all payments:

 

Provided still still further that the Committee may require the submission, to its attention, of the catalogue mentioned in the above proviso and or information on any payment which falls under case (iii)

 

(iv) payments outside the Republic, via debit and or credit and or prepaid cards, shall not be allowed to exceed €5.000 per month per person in each credit institution and or electronic money institution and or payment institution.

 

(v) transfers of deposits/funds outside the Republic up to 2.000 per month, per person for each credit institution and or payment institution regardless of the purpose.

 

(e) It is prohibited to terminate fixed term deposits prior to their maturity unless the funds are used

 

(i) to repay a loan within the same credit institution provided the loan was granted prior to the entry into force of the Enforcement of Temporary Restrictive Measures on Transactions in case of Emergency First Decree, of 2013

 

(ii) to create one or more fixed term deposits, within the same credit institution, the total amount of which is equal to the initial deposit and for a term at least equal to the initial term of the terminated deposit:

 

Provided that new beneficiaries can be added or deleted on the new deposit.

 

(iii) The transfer of up to €5.000 monthly, from the fixed term deposit in a sight/current account within the same credit institution, in duly substantiated cases where the credit institution is satisfied that the transfer is done for humanitarian reasons:

 

Provided that the credit institution maintains a catalogue, in which it lists in detail all the cases:

 

Provided further that the remaining amount of the fixed term deposit remains for the remaining maturity period under the same conditions.

 

(f) On the maturity of fixed term deposits, the higher amount between €5.000 or 20% of the total amount of the deposit in question, shall, according to the choice of the depositor, either be transferred to a sight/current account or be deposited in a new fixed term deposit in the same credit institution. For the remaining amount the maturity shall be extended for one month.

 

Provided that, in relation to a notice account of a natural person the transfer of €300 daily per person to a sight/current account within the same credit institution is permitted.

 

(g) Sums transferred from a fixed term deposit to a sight/current account shall be subject to the restrictive measures applicable to sight/current accounts.

 

(h) Exports of euro notes and/or foreign currency notes are prohibited in excess of €2.000, or the equivalent in foreign currency, per natural person per journey abroad. The Director of Customs and Excise Department shall ensure the implementation of this measure.

 

Provided that the amount of €2000 can not be withdrawn from credit institution in addition to the daily amount of €300, the withdrawal of which is permitted under the above paragraph 3(a).

 

(i) Every financial transaction, payment and or transfer which has not been completed prior to the entry into force of the Enforcement of Temporary Restrictive Measures on Transactions in case of Emergency First Decree, of 2013 shall be subject to the restrictive measures provided in this Decree:

 

Provided that any financial transaction, payment and or transfer, which has not been processed by the credit institution prior to the entry into force of the Enforcement of Temporary Restrictive Measures on Transactions in case of Emergency First Decree, of 2013 shall be cancelled and will have to be submitted anew.

 

(i) Credit institutions shall not facilitate the circumvention of the restrictive measures.

 

(j) The restrictive measures apply to all accounts, payments and transfers regardless of the currency denomination.

 

(k) It is prohibited to transfer euro notes and/or foreign currency notes, in areas of the Republic where the Republic does not exercise effective control, in excess of the amount of –

 

(i) €300 daily or its equivalent in foreign currency, per natural person who has its permanent residence in the Republic,

 

(ii) €500 daily or its equivalent in foreign currency, per natural person

who has its permanent residence abroad.

 

The Director of Customs and Excise Department shall ensure the implementation of this measure.

 

(l) The opening of a new account for any customer who is not an existing customer of a credit institution on the date of issue of the present Decree, is prohibited unless

 

(i) the account will only be credited with funds transferred from abroad to the Republic,

 

(ii) the prior approval of the Committee is obtained:

 

Provided that the approval of the Committee is only granted in case of a person not having any account with any credit institution.

 

(m) It is prohibited to add new beneficiaries in a current/sight account.

 

Exemptions:

 

Exempted from the restrictive measures are:

a. All new funds transferred to the Republic from abroad

b. Withdrawal of cash using credit and or debit and or prepaid card issued by foreign institutions on accounts abroad

c. The cashing of cheques issued on accounts held with foreign institutions abroad

d. Cash withdrawals from accounts of credit institutions with the Central Bank.

e. Payments and receipts of the Republic

f. Payments and receipts of the Central Bank

g. The foreign diplomatic missions and·the UN missions in the Republic based on the exemptions specified in the Vienna Convention for Diplomatic Relations and the Agreements between the Republic and the United Nations and other international Agreements which have precedence over national legislations.

h. Payments that have been authorised by the Committee.

 

 

 

 

The Global Justice Network conference in Dublin 19-20 April 2013

Our Law firm is a founding partner of the Global Justice Forum, an association of selected law firms from all over the world that are being specialized in cross border litigation. In the Columbia Law school in New York there is a Global Justice seat and member lawyers  of the GJF, judges and other preeminent speakers discuss and analyzelegal issues that pertain to international litigation. The conference of the network of the Global Justice is now taking place in the historic landmark Shelbourne hotel in Dublin, Ireland on the 19th and the 20th of April 2013, shaping the future of pioneer international cooperation amongst reputed international plaintiff lawyers. Constantine Kokkinos is a member of the steering committee of the Global Justice Network and is honored to be a keynote speaker on the topics of the international financial litigation and on the Vienna convention on the international sale of Goods. 

Haircut of bank deposits in Cypriot banks

The bailout of Cyprus came at a painful price for the clients of the two largest banks of the island: A haircut of 30% -40% on all deposits above 100.000 EUR was convened by the Eurogroup and the Republic of Cyprus amongst other radical measures (merger and creation of a bad bank). Forcing depositors to undertake risks and exposures is not new albeit extremely rare in times of peace. For many legal analysts the legality of such radical measure is heavily contested as it is hurting on some fundamental values of our societies. We are now evaluating whether these measures are in violation of  the Right of Property as it is defined and protected through the  European chart of human rights (First Protocol, art 1) which has been adopted and ratified by all E.U. member States.

Greek sovereign bonds haircut and the liability of the banks

The Greek sovereign bonds haircut and the unilateral postponement of the settlement fo the remaining dues by the Greek State to much later days has been in many cases taken the judicial way of ruling whether the State was enabled to do such a unilateral action in spite of its initial agreement and whether the liability of the State remains withheld towards the investors who chose to buy these State bonds based on an initial agreement that is no longer valid.

ELC organises the Global Justice Forum in Zurich

The prestigious congress GLOBAL JUSTICE FORUM gathering lawyers, judges and University Professors from around the globe is taking place this fall in Zurich, Switzerland.

Our law firm has proudly undertaken its organization and is looking forward to the outcome of this very interesting world tribune.

Bank of Cyprus decides not to pay MAEK 7% interest to private deposits

A controversial decision that drove the Bank of Cyprus Chairman Andreas Iliadis to resign and the securities and exchanges Commision of the island to open an investigation on a matter that has caused considerable damage to private individuals that entrusted their savings to that scheme that is known by its Greek acronym MAEK. The Cypriot parlement is also investigating the luck of information made available to public looking simply for a reliable place to place their savings and not to become investors.

3rd European Court filing on behalf of Greek bondholders

In view of the approaching deadline set by the European Court for the direct filings, our Law firm is pleased to announce that we have completed a 3rd direct such application on behalf of Greek bondholders.

The European Court of Human Rights in Strasbourg, has informed us that on 08-06-2012 was completed our 3rd application and was granted by the Court's Registry the general case number 35549/12.

Direct request to the European Court on behalf of former Olympic Airways employees paid with Greek state bonds

From the beginning of the Greek sovereign debt crisis our Law firm has very carefully examined the State bonds issue and all possible legal means and ways of reacting both domestically and internationally. We have mainly focused on the procedure of the direct request to the European Court of Human rights in Strasbourg in conjunction with our Italian specialist counterparts and we were the first ones in the world to have filed under that procedure. Now we are going one step further in this direction.

The procedure of the European Court direct application on behalf of Greek bond stockholders is ging forward

The European Court on Human Rights from Strasbourg has officially acknowledged registration of the introductory filing from our Law firm of a legal claim versus the Hellenic Republic on behalf of several clients' holders of Greek State bonds which have suffered a severe haircut without the consent of these holders. This introductory direct claim has been registered under No 26.055/2012 and should be the 1st such action worldwide thus creating a legal as well as practical interest in Greece and abroad where Greek State bonds are being held.