Problems in determining the persons legitimated to appeal supervisory acts affecting a bank under conservatory regime Cover Image
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Проблеми при определяне на лицата, легитимирани да обжалват надзорни актове, засягащи банка под квесторски режим
Problems in determining the persons legitimated to appeal supervisory acts affecting a bank under conservatory regime

Issues of Legislation and Jurisprudence in “unlimited” conservatory regime

Author(s): Suleyman Bashov
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law, Administrative Law
Published by: Съюз на юристите в България
Keywords: Conservatorship; Bulgarian National Bank; Corporate Commercial Bank; legal standing; supervisory acts; banking supervision; appeal

Summary/Abstract: In July of this year, the SAC gave two judgments pursuant to art. 237 of the CAP, which reversal key judicial acts from 2014 and 2015 concerning the “CCB case”. These acts did not allow shareholders and suspended members of the Management Board to appeal the supervisory acts (including the license revocation act) while CCB was under conservatorship. Eight years later, the same case gained new relevance after the mentioned judicial acts were reversal and referred for a new trial. This analysis reviews the path that led to here and highlights the important issues that remain unresolved in legislation.

  • Issue Year: 2023
  • Issue No: 7
  • Page Range: 53-73
  • Page Count: 21
  • Language: Bulgarian