Press release regarding the suspension of payments pronounced for Banque Havilland S.A. – Activation of the Système d’indemnisation des investisseurs Luxembourg (SIIL, Investor Compensation Scheme Luxembourg)
Press release 24/22
On 9 August 2024, the Luxembourg Tribunal d’arrondissement (Luxembourg District Court), dealing with commercial matters, pronounced the suspension of payment for the benefit of Banque Havilland S.A.. Please refer to Press release regarding Banque Havilland S.A. As a result, the Luxemburgish investor compensation scheme (SIIL) is activated, in accordance with Article 197(1) of the Law of 18 December 2015 on the failure of credit institutions and certain investment firms, as amended (“law of 2015”). The SIIL reimburses claims resulting from the incapacity of Banque Havilland S.A. to
- Repay money owed to or belonging to eligible1 clients and held on their behalf in connection with investment business2 ; or
- Return to eligible clients any instruments belonging to them and held, administered or managed on their behalf in connection with investment business,
up to 20,000 euros, in accordance with Article 196 of the law of 2015.
Clients who are unable to obtain the restitution of their financial instruments, or who can establish a claim in connection with investment business, resulting from Banque Havilland S.A.’s accounting records or duly certified by the administrator, are invited to contact the SIIL by email to cpdi@cssf.lu or by mail to the following address:
Conseil de protection des déposants et des investisseurs
CSSF
283, route d’Arlon
L-2991 Luxembourg
The SIIL will provide them with the documents relating to the conditions and formalities for obtaining a compensation, if applicable.
Clients have 10 years starting from 9 August 2024 for submitting their claim.
The SIIL will not pay any compensation before the eligibility of the claimant and the amount of the compensation have been determined and verified, in accordance with Article 197(4) and (6) of the law of 2015.
In case of questions, please contact cpdi@cssf.lu or call (+352) 27 02 21.
1 Article 195(2) of the law of 2015 excludes certain types of clients, in particular financial institutions, insurance undertakings, undertakings for collective investment, pension and retirement funds, professional or institutional investors, supranational institutions, States and central, regional or local administrations, members of the administrative and management bodies of Banque Havilland S.A., members personally liable for Banque Havilland S.A., natural or legal persons which hold at least 5% of Banque Havilland S.A.’s capital, natural or legal persons which have similar status in other companies belonging to the group to which Banque Havilland S.A. belongs, the spouse or relatives up to the third degree of the aforementioned persons, the other companies of the group to which Banque Havilland S.A. belongs, clients who have any responsibility for or have taken advantage of certain facts relating to Banque Havilland S.A. which gave rise to financial difficulties or contributed to the deterioration of Banque Havilland S.A.’s financial situation, persons that have been convicted for an offence related to money laundering as defined in Article 1(2) of Directive 2005/60/EC or related to the financing of terrorism as defined in Article 1(4) of Directive 2005/60/EC, companies other than those likely to be authorised to draw up abridged balance sheets pursuant to the Law of 19 December 2002 on the trade and companies register as well as those of comparable size subject to the law of another Member State.
2 Investment business as defined in Annex II, Section A of the Law of 5 April 1993 on the financial sector, as amended, and investment service referred to in point 1 of Annex II, Section C, of this law, on an instrument referred to in Annex II, Section B of this law.