Oproepingsbrief - Unofficial Translation _2_ AvW ... - Rechtspraak.nl

[Unofficial Translation, Dutch original text takes precedent]
Amsterdam Court of Appeal
Enterprise Court/Court Clerk
P.O Box:1312, 1000 BH Amsterdam
To the former holders of securities and
assets of SNS REAAL N.V. and SNS Bank N.V.
as meant in the decision of the Minister
of Finance of 1 February 2013
This letter concerns legal procedures now pending at the Netherlands Enterprise
Court (Ondernemingskamer) regarding compensation for the expropriated assets
of SNS REAAL N.V. and SNS Bank N.V. by the Dutch Ministry of Finance. An
English translation of this letter will be published on the website of the
Ondernemingskamer.
Amsterdam, 7 March 2013
Re: SNS REAAL N.V. and SNS Bank N.V.
Casenumber: 200.122.906/01 OK
Dear Sir, Madam,
Office address and Court Registry:
“Huis Groeningen”
(opposite Paleis van Justitie)
Prinsengracht 691
1017 JV Amsterdam
T: (020) 541 34 32
F: (020) 541 38 17
www.rechtspraak.nl
On 4 March 2013 the attorneys Messrs T.M. Stevens and R.G.J. de Haan, on
behalf of the Minister of Finance, submitted an application to the
Netherlands Enterprise Court pursuant to Article 6:10 paragraph 2 of the
Financial Supervision Act. The application seeks to establish the
compensation for the securities and assets in SNS REAAL N.V. and SNS
Bank N.V. expropriated by the decision of the Minister of Finance of 1
February 2013 ("the Decision" ) in accordance with the prior offer of the
Minister. The Minister made the following offer:
- € 0,- per share issued by SNS REAAL and per share issued by SNS Bank
which is held by someone other than SNS REAAL or its group companies
(Article 1, first paragraph, under a thru d, of the Decision);
- € 0,- per Stichting Beheer SNS REAAL Core Tier 1 capital security
(Article 1, first paragraph, under e, of the Decision);
- € 0,- per subordinated bond issued by SNS REAAL and by SNS Bank
(Article 1, first paragraph, under f thru i, of the Decision);
- € 0,- per loan entered into by SNS REAAL or SNS Bank, which as a
consequence of the expropriation is transferred to the Stichting
Afwikkeling Onderhandse Schulden van SNS REAAL (Article 1,
second paragraph, recital, under a and closing, of the Decision).
ondernemingskamer@rechtspraak.nl
The Enterprise Court has provisionally qualified you as an interested party in
this matter.

Access/downloading of the application and accompanying documents
The Enterprise Court has published the application with annexes on its
website (www.rechtspraak.nl, search: Ondernemingskamer, “informatie SNS
procedure”).
The Enterprise Court has decided that this manner of publication is sufficient.
Notice for the oral hearing
The oral hearing on the application is determined to take place on 22 April
2013 at 10.00 hrs at the court session of the Enterprise Court at the Paleis
van Justitie, IJdok 20 in Amsterdam. If needed, the hearing will be continued
on 23 April 2013, at 10.00 hrs, or at such other date as determined during
the court session.
I give notice to you to attend the hearing. You are not obliged to appear.
If you are representing someone else (as an attorney), I call upon you to
forward this letter to that person.
Submission of statement of defence
Interested parties are allowed to submit a statement of defence – solely
through an attorney (!) – at the court registry of the Enterprise Court
ultimately on 3 April 2013 at 16.00 hrs, in nine fold. You are also allowed to
appear at the oral hearing and advance your position orally there. It is not
obligatory to instruct an attorney to do so.
With regard to the rules how to submit a statement of defence, I refer to the
Procedural Rules for Petition Proceedings in Commercial and Insolvency
Matters of the Courts of Appeal (Procesreglement verzoekschriftprocedures
handels- en insolventiezaken gerechtshoven) (paragraph 2.2.3) and to the
website of the Enterprise Court (accessible at www.rechtspraak.nl, search
term: Ondernemingskamer). A court registry fee must be paid for the
submission of a statement of defence.
The Enterprise Court will take care of sending statements of defence to the
applicant and the other interested parties that have submitted a statement of
defence.
You may request that an e-version of the statement of defence (with annexes)
will be published on the website of the Enterprise Court as well. The
Enterprise Court has decided that making statements of defence available in
this manner is sufficient. If you wish this kind of publication you should
request so with the submission of your statement of defence, providing the
relevant e-file at the same time.
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Other documents and information
Apart from statements of defence, other material might be submitted. These
materials will - if they are made generally available - each time be published on
the website of the Enterprise Court. As a rule no further material can be
submitted after 15 April 2013 (see the aforementioned Procedural Rules
paragraph 2.1.4.3). At that date you will find all material on the website.
Court session; registration, speaking time and timely attendance
The hearing will be held in public. If you intend to attend the oral hearing, you
are advised to register with the Enterprise Court ultimately on 11 April 2013 at
16.00 hrs. Interested parties may advance their position orally during the
court session, with or without an attorney. If you intend to do so, you are
advised to explicitly state this in your registration. At the court session there is
a maximum speaking time. On 12 April 2012 the Enterprise Court will publish
a list of speaking time per registered party. In view of the large number of
interested parties in this case, you are requested to be present at least one
hour before the hearing starts. The registration desk will be opened as of
approximately 9.00 hrs.
Decision
After the oral hearing the Enterprise Court will render its decision as soon as
possible at a public court session. The date of this court session will be
announced on the website of the Enterprise Court. It is not necessary to
attend this court session. The Enterprise Court will publish the decision on
its website on the same day. As soon as possible, parties will receive a copy of
the decision at their correspondence address.
More information
The Enterprise Court will make more (up-to-date) information available on
the website of the Enterprise Court.
Yours faithfully
*
Anita J. van Wees, LLM
Court clerk of the Enterprise Court
Website of the Enterprise Court:
http://www.rechtspraak.nl/Organisatie/Gerechtshoven/Amsterdam/Over
HetGerechtshof/Organisatie/Pages/Ondernemingskamer.aspx
* Due to the large number of notice letters this letter is not signed personally.
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