Chinese investor sues state over haircut

A CHINESE investor who transferred €15 million to Cyprus in order to get Cypriot nationality has sued the state after becoming a Bank of Cyprus haircut ‘victim’.

And his lawyer has also taken legal action against the island’s authorities warning them not to ‘suspend’ or ‘cancel’ his client’s Cypriot passport, identity card or nationality certificate.

High-profile Nicosia lawyer Loukis Papaphilippou won a temporary injunction that expires today.

The Interior Ministry said yesterday that it would take into consideration the extreme economic situation in Cyprus, and would not strip the citizenship of any foreigner.

Chinese Investor sues cyprus

Alpha Bank Cyprus visited by bailiffs

Alpha Bank Cyprus LtdNEARLY four hundred Britons who claim they were mis-sold mortgages denominated in Swiss Francs by Alpha Bank Cyprus Ltd to buy property on the island have taken their first steps in an effort to recover their losses.

On Friday private bailiffs engaged by a Nicosia-based law firm, instructed by a group of British buyers to pursue their claims of mis-selling, served warning letters on the Alpha Bank. But unlike other groups that want their loans and contracts of sale cancelled, this group wants to renegotiate the terms of their loans with the Bank and recover their losses.

The buyers were given no option other than to take out loans denominated in Swiss Francs instead of Sterling without being notified or warned of the inherent risks associated with exchange rate fluctuations.

In their letter to the Alpha Bank their lawyers assert that this failure constitutes a breach of the Bank’s duty of care to its clients who were not in a position to understand the financial implications of taking out loans in a currency other than the currency of their income; and as a consequence, the Alpha’s clients ended up owing substantially more than if the bank had issued loans in Sterling.

The letter also highlights the fact that in the majority of cases signatures on Power of Attorney documents were not certified in accordance with the law as the Certifying Officer was absent when they were signed. As a consequence, these PoAs were illegally executed and are therefore invalid in law.

The Alpha Bank has been given 21 days to respond.

We understand that bailiffs plan to serve warning letters on other organisations in the days ahead.

Speaking to Cyprus Property News, a spokesperson for the group said “We simply desire compensation for the losses we have sustained and have our loans converted into a stable currency with minimal risks.”

Revised Cyprus EU bailout terms leaked

PHILELEFTHEROS, the Greek language newspaper, published the full text of the revised Memorandum of Understanding between Cyprus and the Troika earlier today in an exclusive report. You can read the full text of the Memorandum in English by clicking here.

The key points in the MoU relating to property are as follows – updated 4th April 2013:

Regulation and supervision for banks and cooperative credit institutions

Strong efforts should be made to maximise bank recovery rates for non-performing loans, while minimising the incentives for strategic defaults by borrowers. The administrative hurdles and the legislative framework currently constraining the seizure and sale of loan collateral will be amended such that the property pledged as collateral can be seized within a maximum time-span of 1.5 years from the initiation of legal or administrative proceedings. In the case of primary residences, this time-span could be extended to 2.5 years. Based on a report commissioned to an independent expert, the necessary legislative changes will be submitted to Parliament by [mid-2014] and implemented by [end-2014], macroeconomic conditions permitting.

Non-performing loans are threatening bank profitability and need to be properly monitored and managed in order to safeguard the banks’ capital buffers. The Central Bank of Cyprus’ guidance on the classification of loans as non-performing will be amended to include all loans past due by more than 90 days. This amendment will be introduced by [30 May 2013]. The time series for non-performing loans will be published including historical observations reaching back as far as possible.

Revenue measures

Ensure  additional  revenues  from  property  taxation  of  at  least  75  million  by:  (i) updating the 1980 prices through application of the CPI index for the period 1980 to 2012; and/or (ii) amending tax rates and/or (iii) amending value bands.

Revenue administration, tax compliance, and international tax cooperation

The   authorities   will   propose   a   comprehensive   reform   plan   to   improve   the effectiveness and efficiency of tax collection and administration by [Q4 2013], for implementation as of the budget year 2014. The reform shall encompass the following elements:

Strengthen  powers  by  the  tax  authorities  to  ensure  payment  of  outstanding  tax obligations, e.g. by having authority to seize corporate assets, prohibiting alienation or use of assets including property and bank accounts by the taxpayer;

Harmonise the legislation among tax types so that not paying taxes is a criminal offense regardless  of the type of tax  and  that  there is  an  administrative appeals process for all of these taxes before going to the courts;

Immovable Property Tax Reform

The following measures will be taken to increase revenue and to improve the fairness of the tax burden by levying the recurrent property tax on current market values. An additional objective is to reduce overhead cost in tax base administration.

In view of this, the authorities have agreed to implement the following measures:

Implement  a  property  price  index  that  establishes  the  average  property  market valuation in 2013 by square meter of habitable surface and land plot. This index shall be  operational  to  provide  imputed  market  valuations  for  each  non-agricultural cadastral  plot  [Q2  2014],  in  time  for  its  application  in  the  calculation  of  the immovable property tax in 2014. The index shall vary according to location and zoning as well as other building- and plot-related characteristics. Moreover, propose and implement a methodology for annual updates of such imputed market valuations;

Implement the recurrent immovable property tax based on imputed market valuations of land plots according to a unit tax base established by this property index [Q3 2014]. The tax rates shall reflect the progressivity and revenue of the preceding property tax. For co-owned land plots, individual owners shall be taxed according to ownership proportions as provided in the cadastre;

Establish the legal basis for a mandatory annual adjustment of the property unit tax base by a competent executive authority [Q3 2014]; and

In order to retain a stimulus to property demand and reduce distortions in property prices, provide for an extension of the reduction in property transaction fees until 2016 [Q2 2013].

In addition, the following studies should be initiated by [mid 2013], and their recommendations implemented at the latest from [1 January 2015] onwards:

A study on refining the parameters of the imputed property market value index within the bounds of administrative and legal simplicity. In particular, the study shall assess the feasibility of a unit tax base for individual dwellings. Moreover, the study shall report on a mechanism to dampen cyclical variations in the index.

A further study on the scope of consolidating the collection and administration of the municipal recurrent property tax and sewage tax. The study will also review existing exemptions and derogations from property taxation. It will also report on the scope of shifting revenue from transaction fees and taxes to recurrent taxation [early 2015].

Housing market and immovable property regulation

The authorities will take the following measures to ensure market clearing of the property market, allow for efficient seizure of property collateral, and for market-based assessment of property prices, as well as alleviating the factors deterring both domestic and foreign demand. A particular risk arises from legal disputes, which may be due to incomplete documentation of ownership and property rights and the slow pace of judicial procedures.

The authorities will:

Provide for mandatory registration of sales contracts for immovable property by [Q2 2013]. By [Q4-2014], eliminate the title deed issuance backlog to less than 2,000 cases of immovable property sales contracts with title deed issuance pending for more than one year. The authorities will enhance cooperation with the financial sector to ensure  the  swift  clearing  of  encumbrances  on  title  deeds  to  be  transferred  to purchasers of immovable property, and implement guaranteed timeframes for the issuance of building certificates and title deeds;

Publish quarterly progress reviews of the issuance of building and planning permits, certificates, and title deeds, as well as title deed transfers and related mortgage operations throughout the duration of the programme;

Implement electronic access to the registries of title deeds, mortgages, sales contracts and cadastre for the financial sector and government services [Q4-2014]. Personal data privacy legislation shall be reviewed and amended to alleviate legal impediments to such electronic access, in particular concerning the procedures for proof of legal interest [Q2-2013];

Introduce legislation on amending the procedure on the forced sale of mortgaged property to allow for private auctions as under the rules for immovable property recovery under bankruptcy regulations. The authorities shall enact regulations to provide for the conclusion of such private auctions within shortest feasible timespans (see 1.5) [by end 2013]; and

Better target the rules of court  to improve the pace of court  case handling.  The authorities shall assess the need for additional measures – including if necessary legislative reforms – to eliminate court backlogs by end of the programme. Moreover the authorities shall provide for specialized judges akin to the rules for criminal case handling in order to expedite the handling of cases under commercial and immovable property laws [Q4-2013].

Further reading

Memorandum of Understanding on Specific Economic Policy Conditionality between Cyprus and the Troika.

Crisis shakes overseas investor confidence

SPEAKING to the Cyprus News Agency, the honorary president of the Cyprus chapter of the International Real Estate Federation (FIABCI) said that the financial crisis has shaken the confidence of potential overseas investors.

He said that property sales over the past two years were already very low and that although people from Cyprus and other EU member states are interested in buying, borrowing money is virtually impossible.

Mr Lemonari added that those who were putting aside money to buy property had seen their savings held at the Laiki and Bank of Cyprus slashed by the haircut imposed on the banks.

Lawyers are also worried as to how the haircut will impact their clients. Lawyers deposit proceeds from the sale of property and money received to purchase property into ‘client accounts’ to keep their customer’s money, which they hold in trust, separate from their own.

How these client accounts will be affected by the financial measures imposed by the government remain unclear. The Central Bank’s press release says that amounts “are ‘frozen’ until the presentation of appropriate evidence to the respective banks for the beneficiaries of the account holder.”

Central Bank press release on banking measures

FOR THE better understanding of the resolution measures implemented under the Resolution of Credit and Other Institutions Law, 2013 at the Bank of Cyprus and Laiki Bank, following the agreement of the Eurogroup with the Cyprus Government on 25 March 2013, the Central Bank of Cyprus (CBC) would like to clarify the following points:

1. Laiki Bank

The resolution measures already adopted are:

(a) The sale of Laiki Bank’s branches in Greece to Piraeus Bank in Greece

(b) The sale of Laiki Bank’s business in Cyprus (excluding the bank’s subsidiaries and branches abroad) to the Bank of Cyprus.

As a result of the above, all contracts are transferred to either the Bank of Cyprus or Piraeus Bank.

Furthermore, all branches of Laiki Bank will resume as normal on Tuesday, 2 April 2013 together with their staff, but under the ownership of the Bank of Cyprus.

Moreover, the following points are clarified:

  • All insured deposits (individuals and legal entities) up to €100.000 have, as of 26 March 2013, been transferred from Laiki Bank to the Bank of Cyprus. In addition, the entire amount of deposits belonging to financial institutions, the government, municipalities, municipal councils and other public entities, insurance companies, charities, schools, educational institutions, and deposits belonging to JCC Payment Systems Ltd have been transferred to the Bank of Cyprus.
  • All other deposits exceeding €100.000 remain in the `bad` Laiki Bank.
  • All loans and credit facilities to Laiki Bank customers are transferred to the Bank of Cyprus, apart from the amount which is attributed to the deposits that remained in the `bad` Laiki Bank, as mentioned above. In other words, there will be a set off between loans and deposits.

2. Bank of Cyprus

The resolution measures are:

(a) The sale of Bank of Cyprus’s branches in Greece to Piraeus Bank in Greece.

(b) Adopting a bail-in rescue plan.

  • For the purposes of the above measure, if the aggregated deposits a customer (individual or entity) held on 26 March 2013 at the Bank of Cyprus exceed €100.000, then for the amount higher than €100.000 the following apply:

(a) Total loans and credit facilities of the customer on 26 March 2013 at the Bank of Cyprus are deducted from the deposits exceeding €100.000. If the sum of the balances of loans and credit facilities is greater than or equal to the amount of deposits exceeding €100.000, then the resolution measures are not applicable to this client. If the sum of the balances of loans and credit facilities is less than the deposits exceeding €100.000, then the following apply:

(b) 37,5% of this difference is automatically converted into Class A’ shares of the Bank of Cyprus, with voting rights and dividends.

(c) 22,5% of this difference is temporarily ‘frozen’ and possibly part or the whole of it, will be converted into Class A’ shares of the Bank of Cyprus with voting rights and dividends for the purposes of the bank’s resolution. In that regard, an independent valuer will be appointed for the valuation purposes of the Bank of Cyprus. Not later than 90 days from the completion of the valuation, all or part of that percentage might be converted into shares and the remainder returned to the depositor. To the extent that the 22,5% will be re-deposited, the interest will be calculated retrospectively together with a small increment.

(d) The remaining 40% of the difference is temporarily ‘frozen’ for liquidity purposes. However, the interest continues to be calculated for this deposit based on the existing interest rate, plus an increment of 10 basis points. This amount will be ‘unfrozen’ in a short period of time and will not be used for resolution purposes.

  • The current capital of the Bank of Cyprus (shares, securities convertible into shares, bonds) is converted into new shares as explained below:
  • The existing ordinary shares are converted into new shares of Class D`.
  • The existing securities which are convertible into shares are converted into new shares of Class C `.
  • Existing bonds are converted into new shares of Class B `.

Voting rights and dividends for the above-mentioned new classes of shares (B’, C’, D’) may be exercised only if the total dividends to be given to holders of Class A’ shares reach the original contribution plus interest at an annual rate of EURIBOR-3 months plus 10%. Class A’ shares have full voting rights and dividends.

As a result of these resolution measures, the Bank of Cyprus has essentially absorbed the largest part of the operations of Laiki Bank in Cyprus and continues to provide services to the customers of both banks, through the branches of the Bank of Cyprus and the branches of the former Laiki Bank.

Customers are encouraged to continue using the branches with which they previously conducted their business until the extended network is able to serve all customers from all points.

It is important to note that the above resolution measures do not apply to the former customers of Laiki Bank and do not apply to any amounts deposited with the Bank of Cyprus, either by a client of the Bank of Cyprus or by a client of the former Laiki Bank, after 26 March 2013.

3. In relation to the implementation of resolution measures for Laiki Bank and the Bank of Cyprus, the following principles apply:

3.1. Treatment of joint accounts: According to the Regulations for the operation of the Deposit Protection Scheme and the Resolution of Credit and Other Institutions Law, 2013, each of the joint account holders is considered to have a separate deposit, and hence the total deposit is divided by the number of persons who are co-owners, unless there are specific contractual terms or elements which differentiate the above.

3.2. Treatment of multiple deposit accounts per customer: If a customer has more than one deposit account, then the deposit amount with respect to the measures referred to in points 1 and 2 above is considered to be the sum of all accounts up to €100.000.

3.3. Deposits (a) of persons acting as trustees or nominees, (b) persons who are beneficiaries in clients’ accounts: Amounts relating to the above categories, are ‘frozen’ until the presentation of appropriate evidence to the respective banks for the beneficiaries of the account holder.

3.4. Series of Conversion deposits into equity per customer at the Bank of Cyprus:

In the case of multiple accounts per customer, the conversion of deposits into equity is in the following order of priority: (a) accounts with a longer period until maturity (longest maturity date), (b) accounts with larger account balances.

It is important to note that the relative Decrees may be modified by new Decrees issued by the resolution authority, if the need arises.

Big depositors in Cyprus to lose far more than feared

UNDER conditions expected to be announced on Saturday, depositors in Bank of Cyprus will get shares in the bank worth 37.5 percent of their deposits over 100,000 euros, the source told Reuters, while the rest of their deposits may never be paid back.

The toughening of the terms will send a clear signal that the bailout means the end of Cyprus as a hub for offshore finance and could accelerate economic decline on the island and bring steeper job losses.

Officials had previously spoken of a loss to big depositors of 30 to 40 percent.

Cypriot President Nicos Anastasiades on Friday defended the 10-billion euro ($13 billion) bailout deal agreed with the EU five days ago, saying it had contained the risk of national bankruptcy.

“We have no intention of leaving the euro,” the conservative leader told a conference of civil servants in the capital, Nicosia.

“In no way will we experiment with the future of our country,” he said.

Cypriots, however, are angry at the price attached to the rescue – the winding down of the island’s second-largest bank, Cyprus Popular Bank, also known as Laiki, and an unprecedented raid on deposits over 100,000 euros.

Under the terms of the deal, the assets of Laiki bank will be transferred to Bank of Cyprus.

At Bank of Cyprus, about 22.5 percent of deposits over 100,000 euros will attract no interest, the source said. The remaining 40 percent will continue to attract interest, but will not be repaid unless the bank does well.

Those with deposits under 100,000 euros will continue to be protected under the state’s deposit guarantee.

Cyprus’s difficulties have sent jitters around the fragile single European currency zone, and led to the imposition of capital controls in Cyprus to prevent a run on banks by worried Cypriots and wealthy foreign depositors.

Cyprus Euro

Banks reopened on Thursday after an almost two-week shutdown as Cyprus negotiated the rescue package. In the end, the reopening was largely quiet, with Cypriots queuing calmly for the 300 euros they were permitted to withdraw daily.

The imposition of capital controls has led economists to warn that a second-class “Cyprus euro” could emerge, with funds trapped on the island less valuable than euros that can be freely spent abroad.

Anastasiades said the restrictions on transactions – unprecedented in the currency bloc since euro coins and banknotes entered circulation in 2002 – would be gradually lifted. He gave no time frame but the central bank said the measures would be reviewed daily.

He hit out at banking authorities in Cyprus and Europe for pouring money into the crippled Laiki.

“How serious were those authorities that permitted the financing of a bankrupt bank to the highest possible amount?” Anastasiades said.

The president, barely a month in the job and wrestling with Cyprus’s worst crisis since a 1974 war split the island in two, accused the 17-nation euro currency bloc of making “unprecedented demands that forced Cyprus to become an experiment”.

European leaders have insisted the raid on big bank deposits in Cyprus is a one-off in their handling of a debt crisis that refuses to be contained.

Model

But policymakers are divided, and the waters were muddied a day after the deal was inked when the Dutch chair of the euro zone’s finance ministers, Jeroen Dijsselbloem, said it could serve as a model for future crises.

Faced with a market backlash, Dijsselbloem rowed back. But on Friday, European Central Bank Governing Council member Klaas Knot, a fellow Dutchman, said there was “little wrong” with his assessment.

“The content of his remarks comes down to an approach which has been on the table for a longer time in Europe,” Knot was quoted as saying by Dutch daily Het Financieele Dagblad. “This approach will be part of the European liquidation policy.”

The Cyprus rescue differs from those in other euro zone countries because bank depositors have had to take losses, although an initial plan to hit small deposits as well as big ones was abandoned and accounts under 100,000 euros were spared.

Warnings of a stampede at Cypriot banks when they reopened on Thursday proved unfounded.

For almost two weeks, Cypriots were on a ration of limited withdrawals from bank cash machines. Even with banks now open, they face a regime of strict restrictions designed to halt a flight of capital from the island.

Some economists say those restrictions will be difficult to lift. Anastasiades said the capital controls would be “gradually eased until we can return to normal”.

The government initially said the controls would stay in place for seven days, but Foreign Minister Ioannis Kasoulides said on Thursday they could last “about a month”.

On Friday, easing a ban on cheque payments, Cypriot authorities said cheques could be used to make payments to government agencies up to a limit of 5,000 euros. Anything more than 5,000 euros would require Central Bank approval.

The bank also issued a directive limiting the cash that can be taken to areas of the island beyond the “control of the Cypriot authorities” – a reference to Turkish-controlled northern Cyprus which considers itself an independent state. Cyprus residents can take 300 euros; non-residents can take 500.

Under the terms of the capital controls, Cypriots and foreigners are allowed to take up to 1,000 euros in cash when they leave the island.

(Reuters – Additional reporting by Ivana Sekularac and Gilbert Kreijger in Amsterdam; Writing by Matt Robinson; Editing by Giles Elgood)

Further reading

Full text of draft decree on Bank of Cyprus haircut (Greek)