EUROPEAN INSURANCE GROUP LIMITED

Transcription

1 EUROPEAN INSURANCE GROUP LIMITED Sede: The Penthouse, Office 1, Suite 2, Capital Business Centre, Entrance C, Triq Taz- Zwejt, San Gwann, SGN 3000, Malta Capitale sociale: int. versato Numero di registrazione: C P.IVA:MT Tel :(00356) ; (00356) Fax: (00356) brian.tonna@nexiabt.com Il Sig. Brian Tonna, CPA, di Nexia BT, Suite 2, Capital Business Centre, Entrance C, Triq Taz- Zwejt, San Gwann, SGN 3000, Malta e stato nominato dalla Malta Financial Services Authority come liquidatore della European Insurance Group Limited ( EIG ) ai termini dell articolo 28(1)(f) del Insurance Business Act (Cap.403 delle Leggi di Malta) per liquidare gli interessi della EIG. LODGING OF CLAIMS TERMS TO BE OBSERVED European Insurance Group Limited ( EIG ), a company registered in Malta with company registration number C and holding Italian fiscal code , in liquidation pursuant to article 28(1)(f) of the Insurance Business Act (Cap.403 of the Laws of Malta) ( IBA ), represented by the liquidator Brian Tonna of Nexia BT, Office 1, Suite 2, The Penthouse, Capital Business Centre, Entrance C, Triq taz-zwejt, San Gwann SGN 3000, Malta, born in Pieta (Malta) on the 14 th June 1964, appointed by the Malta Financial Services Authority ( MFSA ) on the 29 th September 2011 STATES AS FOLLOWS - EIG, which was formed in 2005 and registered on the register of companies in Malta with company registration number C-35708, was authorised by the MFSA in terms of the IBA to carry out insurance business limitedly with respect to risks situated outside the territory of Malta in the following classes: accident, personal injury and other connected classes and damages, auto civil responsibility, credit and deposits; - Pursuant to the freedom to provide services within the European Union, EIG was authorised to issue insurance policies in Italy (art. 24 D. Lgs. 209/2005) from the 18 th January 2008 (ISVAP code 40165, registered with the Elenco Imprese ISVAP II with number 00883). Such authorisation was revoked on the 26 th April 2010 pursuant to ISVAP order number 2798 prohibiting EIG from issuing new policies and from renewing or substituting policies which had already been issued;

2 - With effect from the 6th August 2010, the MFSA appointed an administrator to take charge of the assets of EIG and assume control of its business in terms of articles 28(1)(c) and 28(1)(d) of the IBA of EIG. Subsequently, with effect from the 29th September 2011, the MFSA appointed Brian Tonna, CPA, of Nexia BT, Office 1, Suite 2, The Penthouse, Capital Business Centre, Entrance C, Triq taz-zwejt, San Gwann SGN 3000, Malta as liquidator for the purposes of winding up the affairs of EIG pursuant to article 28(1)(f) of the IBA; - In view of the Company s insolvency, the winding-up of the Company shall take place in accordance with Directive 2001/17/EC of the European Parliament and of the Council of 19 March 2001 on the reorganisation and winding-up of insurance undertakings. - The liquidator must therefore proceed to determine the liabilities of EIG; In light of the above, EIG informs its creditors and their successors in title as follows: The creditors of EIG and holders of real or personal rights over movable and immovable assets of EIG are entitled to participate in the competition for the ranking of creditors and in order to assert their rights in this respect are to present the appropriate request to the liquidator within the peremptory period of the 31st March Requests submitted after the expiration of the aforementioned period will be considered to have been submitted late and shall be treated as such. The determination as to whether the request sent by post has been submitted within the aforementioned time period or otherwise shall be made on the basis of the date of the stamp affixed by the postal services provider. The claim must be lodged in Italian, English or Maltese and must be signed personally by the party or his special attorney who has been duly provided with a mandate (which mandate must be attached to the request) and must contain the following, in addition to the heading Lodgment of a claim : 1) the nature of the claim; 2) the date on which the claim arose;

3 3) an indication of the procedure in which the creditor intends to participate, general information about the creditor and the domicile of the creditor; 4) the amount of the claim or a description of the asset with respect to which compensation or restitution is claimed or demanded; 5) a succinct statement of facts and the legal basis of the request; 6) an indication of any right of first refusal with specific reference to the applicable legislative instrument from which this emanates, as well as a description of the asset over which the right of first refusal is exercised, where this is clearly identifiable. The claim, accompanied by copies of the supporting documents, must be mailed in original, to EIG (represented by the liquidator Brian Tonna) at the following address: Nexia BT, Office 1, Suite 2, The Penthouse, Capital Business Centre, Entrance C, Triq taz-zwejt, San Gwann SGN 3000, Malta; A copy of the claim may also be mailed, preferably in digital form (CD or DVD) to EIG (represented by the liquidator Brian Tonna) at the following address: Rome, Via Antonio Bertoloni 26 b 00197, at the office of Avv. Professor Giorgio Meo. The request shall be inadmissible if any of the requirements referred to in paragraphs 1 to 5 above is omitted or is unclear. If the requirement referred to in paragraph 6 is omitted or is unclear, the credit shall be considered unsecured. The liquidation shall determine the liabilities of EIG in terms of Maltese law and shall give notice of such on the website of EIG and also by further notice. The following persons should not formulate the abovementioned request to the liquidator: (i) persons who may have already been indemnified by the imprese designate; (ii) persons who by virtue of the nature of their claim are entitled to file a claim with the Imprese designate; and (iii) persons whose claim is being liquidated by the imprese designate. Brian Tonna, liquidator of EIG

4 It is advisable to submit the following documents: Amounts claimed by employees: - monthly payroll; - a precise indication of the amount claimed by way of termination of employment Amounts claimed by professionals: - letter of engagement, consultancy agreement or collaboration agreement having a certain date which is prior to the liquidation; - a detailed list of the activities carried out together with supporting documentation to prove such activities; - pro-forma invoice of expenses and dues. Amounts claimed by suppliers: - copies of invoices and relative delivery notes; - copies of invoices in relation to services rendered; - a statement of transactions which were carried out. Amounts claimed by credit institutions: - copies of current accounts; - copies of statements. Amounts claimed by small businesses: - certificate issued by La Camera di Commercio certifying enrolment in the section of small businesses; - a copy of the statement in relation to the volume of business with respect to the year in which the services were rendered or the activity carried out; - payroll with respect to the year in which the services were rendered or the activity carried out; - a declaration with respect to the goods used to carry out the activity; Amounts claimed by agents: - certificate issued by La Camera di Commercio certifying enrolment in the register of agents; - a copy of the agency agreement having a certain date which is prior to the liquidation; - a copy of the invoices in relation to sales procured;

5 - a statement of the amounts claimed. Amounts claimed by leasing companies: - copy of the leasing contract having a certain date which is prior to the liquidation; - copies of the invoices in relation to the leased asset; - record of delivery of the asset; - a statement of transactions which were carried out; - documents certifying any termination which occurred prior to liquidation. Amounts claimed by cooperative companies: - certificate issued by the Prefettura and by La Camera di Commercio certifying enrolment in the sector of cooperative entities of production and work; - a complete copy of the constitutive document in force in the year within which the claim arose, including a list of the members; - a copy of the payroll for the abovementioned year; - a copy of the financial statements for the abovementioned year; - a copy of the fiscal statement for the abovementioned year; Amounts claimed by companies providing temporary work: - certificate issued by La Camera di Commercio; - contract for the supply of temporary work having a certain date preceding liquidation; - a copy of the invoices relating to the services rendered; - workers payroll. Amounts paid for legal expenses: - a formal record which indicates the legal expenses; - note of the registration of the legal hypothec. Hypothecary credit: - a note of the registration of the hypothec; - a copy of the contract by virtue of which the hypothec is constituted; - a document as proof of the payment of the sum; - a repayment plan indicating the rates remained unpaid, distinguishing between capital, conventional interest and interest on arrears.

6 Pledged dues: - A copy of the contract dated prior to the liquidation; - Proof of delivery. Application for reintegration: - A copy of the documents proving ownership or a real right over assets held by the company in liquidation, dated prior to the liquidation.