Uninsured depositor rights protection in bank insolvency
ENThe objective of the article is legal instruments protecting uninsured depositor in bank insolvency. The paper is focused and reviews issues relating to the unprofessional depositor with typology of insolvent Lithuanian bank “Snoras”. According to this view, the paper analyses legal aspects of the bank’s specific obligations to the depositor under Lithuania’s bank insolvency rules and regulations. The purpose is, by means of different methods, to investigate depositor’s rights protection concept covering uninsured bank’s product - deposit certificates. This paper reveals the content of legal norms regulating uninsured depositors in bank insolvency (laws, secondary legislation, especially court decisions of Lithuania), analyzes what problems arise in an attempt to ensure depositor rights and discusses the impact for uninsured depositor ex ante and ex post bank insolvency. The main issue of the paper: what are the legal techniques protecting uninsured depositor rights under bank insolvency frameworks? The issue based on the typology of insolvent bank “Snoras” which actively disseminated deposit certificates to the customers in order to improve the bank's financial stability, without increasing the share capital of the bank, for that reason, bank misinformed the owners of deposit certificates that such a product is treated as insurance object. The paper is written from the Lithuanian law perspective. Purpose – to investigate depositors’ rights protection terms covering uninsured bank’s product- deposit certificates. Design/methodology/approach – Purposely to explore the actual meaning of legal norms and legislations as well as content and to analyze the literature and jurisprudence the systematic, analyses, synthesis, comparative methods were used.
