The dispute over the "inheritance Nogotkova" including a retailer, "The Messenger" and several smaller companies, has entered a new phase. As previously reported, a few days ago the company "Financial investments" appealed to the Moscow Arbitration Court demanding to invalidate the deal, according to which the shares "liaison" went to Oleg Malis. According to "Financial investments" Marigold illegally sold their assets to one of the creditors, ignoring the requirements of others. Given that the major shareholder of "Financial investments" is the NPF "Welfare" - corporate pension JSC "Russian Railways" Fund management is inclusive with the general director Yuri Novozhilov is appointed directly by Oleg Belozerov have Malis were quite serious reasons for concern. However, the owner of "liaison" quite prudently calculated the possibility of such developments, in Holland preparing a counterclaim, demanding to recognize the absence of any right "Fortune" at his company.
The Disciplinary Commission of the notary of the Amsterdam court considered justified claims Trellas Kamestra and companies about the auction, which resulted in the NPF "Welfare" has received 15% of the Dutch Svyaznoy N.V. - The Russian owner of the group "The Messenger". Commission Decision taken at the site of the Netherlands government agencies.
Cyprus Trellas - the parent company of the group "The Messenger" - since the beginning of 2015 is controlled by Oleg Malis. Kamestra belongs to Dmitry Rodinova whose founder "Coherent" Maxim marigolds call partner on "legal". In 2012, she received from the company, "Financial Investments" ( "daughter" of NPF "Welfare") 3 billion rubles. bail Ever 15%.
Now Kamestra belongs Trellas. After the "Financial investments" received 15% of the shares Svyaznoy N.V. in January 2015 at an auction in Holland, Trellas Kamestra bought for $ 1, to be able to figure out what really happened with the company and shares Svyaznoy N.V., said a representative of Trellas. Now Kamestra no money or shares to pay its creditors: all the assets have been removed from the company, according to a representative Trellas.
In January 2015, "Financial investments" auctioned collateral for overdue loans by themselves and bought it from Trellas (when it was still the owner of Marigold) at a discount. In an interview with "Kommersant" Malis opined that the auction was illegal: "Lawyers have brought from the court file with photos in Amsterdam pillars on which hung a notice of holding an auction for the sale of [15%] Svyaznoy N.V. Right on top of the announcements of the concert or the loss of a cat hanging announcement: "For Sale Russia's largest electronics retailer." We have stated in court that it was a conspiracy, that these auctions are absolute nonsense and illegal. The judge agreed with our arguments. "
A similar auction was going to spend on January 30 PSB; he could buy his part of the deposit - 51% Svyaznoy N.V. But after the treatment of lawyers Malis Amsterdam District Court banned the auction as long as the Cypriot court decides who owns the control Trellas.
Kamestra Trellas and appealed to the disciplinary committee with complaints actions of a notary, who organized the auction, follows from its decisions. In particular, he was not notified Trellas auction, even though he knew from the registrar that the principal owner Svyaznoy N.V. According to the applicants, the auction was organized in such a way that he was the only participant who has paid the non-market price. Trellas believes that the auction held for 6 days and announced only two Dutch newspapers, can not be considered valid.
Notary responded by saying that the rules of conduct such auctions are not clearly stipulate the timing and rate of notification of the parties, and he could not define the terms and conditions of the auction - the case of the pledgee. Nevertheless, the Commission issued a notary disciplinary reprimand.
The representative Oleg Malis believes that this solution can be used in a Russian court, seeking recognition of the auction null and void. Such a lawsuit filed Kamestra. Judge may take into account the decision, I agree partner of law "Egorov, Puginsky, Afanasiev and Partners" (Legal Consultant "Financial investments"), Sergei Kovalev. But the notary formally held an auction in accordance with rules. As for the price, at the time of the transaction all the shares in the main operating company of the group were laid, he said in an interview with "Vedomosti" Kovalev: "The market value at the time it was not simple."
2016-06-28