KNF Spokesperson: Idea Bank on Public Warning List – Business and Commercial Law – GazetaPrawna.pl



Idea Bank is one of the banks controlled by Leszek Czarnecki. He was also one of the entities offering GetBack bonds.

The KNF spokesman's Tuesday statement informs about inclusion in the "Idea Bank SA" based in Warsaw.

"The notice was conducted by the KNF Office of the Regional Public Prosecutor's Office in Warsaw from Article 178, in conjunction with Article 69 (2) (5) and (6) of the Financial Instruments Trading Act (carrying on business without a license in the area of ​​offering financial instruments and advising on investments)" – says the PFSA spokesman.

At the same time, the spokesman points out that putting a warning list may concern a part of the activity of the subject but may not refer to other areas of the activity.

"The KNF informs that the basis for the entry of Idea Bank SA into the PFSA Public Alert List is a measure for the Bank's operations within the scope of the capital market in the years 2016-2018 without the relevant permission of the KNF," reads the spokesperson.

"This concerns the process of offering financial instruments – at least between August 2016 and October 2017 and investment advice – at least between September 2016 and March 2018. This means that the suspicion of a breach by the Bank of the Criminal Law under Article 178 of the Trading Act The Bank's activities of Idea Bank SA are not subject to notification by law enforcement agencies and continue to be subject to a standard In the day-to-day supervision of PFSA, Idea Bank SA adjusts its liabilities to clients and fulfills the statutory duty of the supervisory authority, "the statement says.

Gazeta Wyborcza wrote on Tuesday that according to the owner of Getin Noble Bank, Leszek Czarnecki, chairman of the Financial Supervisory Authority, in March 2018 offered the bank a favor of about PLN 40 million; Czarnecki recorded this offer and informed the Public Prosecutor's Office of suspicion of committing a crime by the head of the KNF. He also wrote about the case on Tuesday in the Financial Times.

The Head of Government also requested an immediate explanation from the head of the KNF and ordered the Public Prosecutor's Office and the services to immediately collect information. Chrzanowski informed PAP on Tuesday that he was giving up his duties. On Tuesday, the prime minister accepted the resignation of KNF head Marek Chrzanowski.

The financial institutions controlled by Czarnecki have trouble for some time.

Czarnecki, among other things, claims to have "failed to do" as a result of his actions, suffered damage only because he "wants to bring the bank into a state of normality." He adds that the implementation of the "I think he went" implementation has been implemented because "it does not mean that he did not succeed". The intention of the President of the BFG raises his indignation.

In the recorded interview, Chrzanowski was secured in exchange for the employment of that lawyer in the provision of his legal service, including the removal from PFSA Zdzislaw Sokal of "mitigating the financial consequences of increasing the so-called high risk" (which cost the bank about PLN 1 billion) friendly approach of KNF and NBP to Czarnecki Bank's restructuring plans ".

Leszek Czarnecki is a majority shareholder in a number of companies listed on the WSE – including Getin Holding, Getin Noble Bank and Idea Bank.

His financial complex has struggled in recent months. At the end of September, for example, Getin Noble Bank said in a report that the net loss of the group in the second quarter of 2018 amounted to PLN 116,1 million, compared with PLN 17,6 million a year ago.

In September, the Warsaw Stock Exchange picked up Getin Holding as a list of alerts and canceled the company's shares from the indexes sWIG80 and WIG-banki.

In August, Getin Noble Bank and Idea Bank began to work together to analyze and prepare the merger under consideration.

Idea Bank announced in late September that the net loss attributable to the shareholders of Idea Bank's parent company in the second quarter of 2018 amounted to PLN 404.6 million compared to a net profit of PLN 53.9 million a year ago.

Idea Bank has, among other things, problems with the sale of GetBack's bonds, which also belong to the Czarnecki Group, but sold it in 2016.

At the end of October UOKiK said, among other things, that he could lose more than 9,000 GetBack bonds. people. He further informed that he had initiated proceedings against Idea Bank concerning the suspicion that Idea Bank had used procedures that violated the collective interests of consumers.

The accusations were that Idea Bank representatives provided false information to customers, for example, that GetBack bonds would bring them a guaranteed profit, or that access to these bonds is limited. In addition, people who knew they were not taking risky investments had convinced them to buy the bonds. This involved both bank deposit holders, structured deposits, life insurance of ufk and new clients of Idea Bank.

UOKiK's management of the offer of the GetBack bonds concerned, except for Polskie Dom Maklerski and Mercurius Financial Advisors, another Czarnecki group entity – Noble Securities. UOKiK checks whether the company has provided consumers with reliable information and that there has been no mis-selling.

The GetBack case broke out in April this year after an interview with Leszek Czarnecki and Marek Chrzanowski. In the middle of April, WSE suspended trading of GetBack shares at the request of the KNF. This happened after April 16th, when the company stated that it is dealing with PKO BP and the Polish Development Fund for mixed credit and investment financing of PLN 250 million. The company's announcement showed that the information had been agreed "with all stakeholders", while PKO BP and PFR declined to say that they were conducting such interviews. This caused the KNF reaction. As a result, GetBack's Supervisory Board immediately dismissed Conrad K. as Chairman of the Company.

Earlier in October, the Central Anticorruption Office arrested more people – suspected of leaving PLN 120 million. Previously, the Central Anticorruption Office was detained and the public prosecutor accused 12 people.

The main suspect in this case is GetBack's former president, Konrad K. He was charged with committing eight offenses, including attempted fraud of PLN 250 million, causing the company a large loss of at least PLN 185 million and taking steps to prevent criminal management and prevention of criminal liability.

On July 5, GetBack said that its liabilities amounted to PLN 3.32 billion, while the amount of PLN 2.82 billion was disclosed in the request for the launch of the accelerated management procedure in May this year. Earlier this October, GetBack submitted an updated draft agreement, which foresees debt repayments of 38%, not 31%, as planned in the proposals submitted in August.

GetBack bond holders are currently attempting to get back all the funds placed in the bonds, but not GetBack, only from the banks that offered these instruments. According to them, the losses of bondholders – natural persons injured in the GetBack scandal are estimated at over PLN 2 billion.

A list of warnings by the KNF is a set of entities in which the Commission reports suspicions of a crime. The purpose of the public alert list is to alert public and business entities to being more cautious about protecting these entities.


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