Thursday, June 27, 2013

Bosnia – Regulator revokes banking license of commercial bank Postbank BH and places it in liquidation, presumably wiping out investment by Slovenian-run Poteza Adriatic Fund

 

On 25 June the Sarajevo-based commercial bank Postbank BH (Postbank BH Poštanska banka Bosne i Hercegovine d.d. Sarajevo), whose banking license had been revoked five days earlier on 20 June, issued a public announcement to all of the bank’s creditors, including its depositors.  The announcement explained that each creditor has 60 days from the date of publication to present to the bank’s liquidation administrator evidence of his or her legal claim on the bank and the amount of that claim.  Because the bank was not a member of the Deposit Insurance Agency of Bosnia and Herzegovina (Агенција за осигурање депозита Босне и Херцеговине), all deposits at the bank were uninsured unless individual depositors bought commercial deposit insurance.  (N.B.: The Bosnian mark (BAM) has been pegged to the euro at a rate of BAM 1 = EUR 0.51129 since 1 January 2002, in continuance of an earlier peg of the BAM to the Deutsche Mark at BAM 1 = DEM 1.)

Postbank’s banking license was revoked on 20 June by the Banking Agency of the Federation of Bosnia and Herzegovina  (FBA Агенција за банкарство Федерације Босне и Херцеговине) because the bank’s equity had for a considerable time been below the statutory limit, and repeated attempts to find parties able to recapitalize or purchase the bank had met with no success.  The bank had been in provisional administration since 5 October 2010, and the banking agency’s revocation of the license on 20 June was carried out at the recommendation of the bank’s provisional administrator for the bank, Ćamil Klepo.   With the revocation of the license the term of the provisional administrator came to an end, and the banking agency appointed a liquidator for the bank in the person of Mr. Hazim Škapur.

The bank was founded in Sarajevo in 1997 as a publicly owned, limited-liability company by the postal service of the Federation of Bosnia and Herzegovina.  (The Federation of Bosnia and Herzegovina – or “FBiH” – is one of the three entities constituting Bosnia and Herzegovina since the Dayton agreement of 1995.)  In September 2001 ownership of the bank was transferred from the postal service of FBiH to the Ministry of Finance of FBiH.  The bank proved unable to meet minimum capital requirements and the Ministry of Finance was unsuccessful in privatizing the bank, so on 10 April 2003 the FBA, acting on a request from the Ministry of Finance and a decision by the government of FBiH, placed the bank under provisional administration.

After a successful recapitalization of BAM 20,820,000 at the end of 2006, the FBA cancelled the provisional administration on 30 June 2007 and the bank began to operate as a joint stock company.  In November-December 2008 the shareholder capital was increased by an additional BAM 10,000,000 to BAM 28,442,800 through the issue of 100,000 ordinary shares at a price of BAM 100 each. 

Yet the bank continued to rack up losses, so its shareholder equity soon fell once again below the legal minimum, and on 5 October 2010 the FBA appointed a provisional administrator for the second time.  One of the first acts of the administrator was to freeze all deposits of greater than BAM 3,500 (€ 1,790).


Annual financial results for Postbank BH,
2006-2012 (in BAM)


Year
Net profit/loss
2012
-1,404,000
2011
-4,393,000
2010
-4,364,000
2009
-3,151,000
2008
-5,529,000
2007
-4,110,000
2006
-893,000


On 15 February 2011 the then-provisional administrator, Stjepan Jovičić, published a call for bids for recapitalization of the bank through a closed placement of shares, inviting interested investors to submit, within 15 days, bids of at least BAM 13,000,000.  In the evaluation of the bids a weight of 80% was to be assigned to the amount of the recapitalization offered by the investor, and a weight of 20% to the content of a 3-year business plan for the bank to be submitted by the investor.

In mid-March 2011 the provisional administrator revealed to the press that serious bids had been received from two parties: 1) Framingham Asset Management Inc., a firm in the British Virgin Islands affiliated with FAM Funds of Switzerland, and 2) Balkan Investment Bank a.d., a bank in Bosnia and Herzegovina controlled by Russian investor Vladimir Romanov, owner of Lithuania’s commercial bank Ūkio Bankas (whose banking license would end up being revoked on 12 February 2013 by the Lithuanian central bank, as discussed earlier in this column).

This attempt to find investors failed, however, and the provisional administrator blamed the failure on uncertainty regarding the final outcome of several lawsuits that present or former employees had filed against the bank for unpaid wages and retirement benefits.  Although initial court rulings had found in favor of the employees, the bank had filed appeals, yet the sum total of such employee claims, if all appeals failed, would more than wipe out the little shareholder equity remaining in the bank.

On 21 August 2012 the provisional administration – Stjepan Jovičić having in the meantime been replaced as provisional administrator by Ćamil Klepo – published a new and broader invitation to investors.  The new invitation offered three possibilities: 1) recapitalization of the bank with at least BAM 13,000,000 of funds, 2) merger of the bank with some other bank already operating in Bosnia and Herzegovina, and 3) purchase of bank assets by some other bank already operating in Bosnia and Herzegovina.

On 28 November 2012 the provisional administrator issued a decision accepting FAM Funds as the first-ranked candidate, and on 17 January 2013 FAM Funds applied to the FBA for authorization to acquire a 66.7% stake in the bank.  The FBA requested from FAM Funds additional documentation from regulators in Switzerland and the Seychelles, and the bank’s annual report for 2012, completed on 29 May 2013, wrote that the administrator “expects that upon submission of the requested documentation the Banking Agency of FBiH will approve the request of FAM Funds, which would lead to implementation of the planned recapitalisation process of the Bank.”  It was not to be, as the press release issued by the FBA on 20 June 2013 that announced the revoking of the bank’s license noted that FAM Funds “did not prove to fulfill the prescribed legal conditions for obtaining an approval for gaining a significant ownership interest in the Bank.”

According to the bank’s annual report for 2012, which was completed on 29 May 2013, the bank at end-2012 had total assets (ukupno imovina) of BAM 50,025,000 (€ 25.6 mln), total loans of BAM 21,910,000, and total deposits of BAM 34,046,000.  Of the total deposits of BAM 34,046,000, no less than BAM 15,144,000 (44.5%) were in deposits related to the electrical utility JP Elektroprivreda d.d. Sarajevo.  This high dependence on a single depositor, as well as the bank’s continued losses and low capitalization, had obliged the bank’s auditor – Deloitte d.o.o. Sarajevo – to issue a “disclaimer of opinion” in the bank’s annual reports for 2009, 2010, 2011, and 2012.

As of 31 December 2012 the bank had branches in Sarajevo, Živinice, Tuzla, Mostar, Bihać, and Goražde.  As of the same date the bank continued to be owned 57.24% by Poteza Adriatic Fund B.V. Amsterdam, an investment fund operated by the Slovenian firm Poteza, podjetniške finance, d.o.o. of Ljubljana


Branka Remškar,
Director of Poteza Podjetniške Finance

Principal sources:
FBA notice of license revocation: Ukinuta dozvola za rad Postbanci BH Poštanskoj banci d.d. Sarajevo (2013-06-20)
Call for bids for recapitalization, acquisition or merger, or sales of assets with a purchase obligation – Bosnian: Javni poziv (2012-08-21)
Call for bids for recapitalization, acquisition or merger, or sales of assets with a purchase obligation – English: Public Invitation (2012-08-21)
Call for recapitalization bids – Bosnian: Javni poziv (2011-02-15)
Call for recapitalization bids – English: Public Announcement (2011-02-15)
FBA notice of initiation of provisional administration: Saopštenje za javnost: Uvedena privremena uprava u Postbank BH Poštansku banku BiH d.d. Sarajevo (2010-10-05)
Annual reports of Postbank BH, 2007-2012: Godišnji finansijski izvještaji