As it became known to “Kommersant-Yug”, the Deposit Insurance Agency (DIA) wants to attract former top managers of the bankrupt Kapitalbank (Rostov) to subsidiary liability to creditors of 1.6 billion rubles. The DIA has already sent a relevant request to the court, which is addressed to Sergey Osipov (he served as chairman of the bank's board), Elena Sachko (acting chairman) and Mikhail Shevchenko (deputy chairman). According to the DIA, their actions allegedly contributed to a significant deterioration in the financial condition of Kapitalbank and its bankruptcy. In order for the court to satisfy the requirement of bringing to subsidiary liability, it is necessary to prove that bank employees intentionally caused him damage, the lawyer said.
The Deposit Insurance Agency (DIA) has appealed to an arbitration court with the requirement to involve the former top managers of the bankrupt Kapitalbank to subsidiary liability to creditors. The requirement is stated in the bankruptcy case of the bank (information about this is on the site of the Rostov Arbitration).
As they told ““ Kommersant-Yug ”in court, the claims of the DIA are addressed to Sergey Osipov, Elena Sachko and Mikhail Shevchenko. According to SPARK-Interfax, Mr. Osipov worked as the chairman of the board of Kapitalbank from February 2015 to January 2016. After him, the bank was headed by Ms. Sachko She was acting Chairman of the Board until March 2016, when the bank came under the control of the temporary administration appointed by the Central Bank. Mr. Shevchenko in Kapitalbank held the position of deputy chairman of the board.
According to the DIA, the actions of these persons allegedly contributed to a significant deterioration in the financial condition of Kapitalbank and bringing it to bankruptcy. In particular, the DIA's requirement for Sergey Osipov is motivated by the fact that he implemented an alienation of AB “Agrowill Group” shares that are unprofitable for the bank. According to estimates of the DIA, because of this, the credit institution lost 95 million rubles. Claims against Elena Sachko are connected with her actions on the acquisition by the bank of promissory notes of the company “Boston assets LP”, which allegedly caused him damage in the amount of 305 million rubles. In addition, the DIA announced the involvement of all three top managers to issue to the legal entities hopeless to return technical loans in the amount of 2.42 billion rubles.
Currently, the register of creditors' claims of Kapitalbank is claimed to be 2.6 billion rubles, while the value of its property is estimated at 1 billion rubles, respectively, the size of the subsidiary responsibility of Sergey Osipov, Elena Sachko and Mikhail Shevchenko should be 1.6 billion rubles. calculated in the DIA.
The Deposit Insurance Agency (DIA) has appealed to an arbitration court with the requirement to involve the former top managers of the bankrupt Kapitalbank to subsidiary liability to creditors. The requirement is stated in the bankruptcy case of the bank (information about this is on the site of the Rostov Arbitration).
As they told ““ Kommersant-Yug ”in court, the claims of the DIA are addressed to Sergey Osipov, Elena Sachko and Mikhail Shevchenko. According to SPARK-Interfax, Mr. Osipov worked as the chairman of the board of Kapitalbank from February 2015 to January 2016. After him, the bank was headed by Ms. Sachko She was acting Chairman of the Board until March 2016, when the bank came under the control of the temporary administration appointed by the Central Bank. Mr. Shevchenko in Kapitalbank held the position of deputy chairman of the board.
According to the DIA, the actions of these persons allegedly contributed to a significant deterioration in the financial condition of Kapitalbank and bringing it to bankruptcy. In particular, the DIA's requirement for Sergey Osipov is motivated by the fact that he implemented an alienation of AB “Agrowill Group” shares that are unprofitable for the bank. According to estimates of the DIA, because of this, the credit institution lost 95 million rubles. Claims against Elena Sachko are connected with her actions on the acquisition by the bank of promissory notes of the company “Boston assets LP”, which allegedly caused him damage in the amount of 305 million rubles. In addition, the DIA announced the involvement of all three top managers to issue to the legal entities hopeless to return technical loans in the amount of 2.42 billion rubles.
Currently, the register of creditors' claims of Kapitalbank is claimed to be 2.6 billion rubles, while the value of its property is estimated at 1 billion rubles, respectively, the size of the subsidiary responsibility of Sergey Osipov, Elena Sachko and Mikhail Shevchenko should be 1.6 billion rubles. calculated in the DIA.
Lawyer Dmitry Konov, representing the interests of Sergey Osipov, told “Kommersant-South” about the non-participation of his client in actions that caused damage to the bank. In particular, the lawyer said that Mr. Osipov did not sign this document regarding the sale and purchase agreement of AB “Agrowill Group” shares. “We have a handwriting examination conclusion, according to which Sergey Osipov’s signature on the contract is fake,” Dmitry Konov noted.
Contact Elena Sachko and Mikhail Shevchenko today failed.
Sergey Radchenko from the law office “Yug” notes that the issuance of obviously hopeless loans to be repaid is a legal basis for attracting employees of a failed bank to subsidiary liability to creditors. However, it is necessary to prove that the employees acted deliberately, and this is quite difficult, therefore the courts do not always satisfy such requirements of the DIA, says the lawyer.
Kapitalbank was established in 1993, its central office was located in Rostov-on-Don, it also had branches in Moscow, St. Petersburg, Krasnodar, Tula, Voronezh, Volgograd, Bryansk, Kaluga and Orel. According to the Central Bank of the Russian Federation, at the date of the revocation of the license, Kapitalbank had ten co-owners with shares ranging from 7.8% to 13.83%. These are citizens of Russia, Latvia and Lithuania.
In February 2016, the Central Bank of the Russian Federation revoked the license from Kapitalbank, explaining that it was a threat to the interests of creditors and depositors. The regulator considered that the bank pursued a high risk lending policy related to the placement of funds in low-quality assets. After that, the arbitration court of the Rostov region declared him bankrupt and opened the bankruptcy proceedings against him, which is still ongoing.
As previously wrote “Kommersant-Yug”, Sergey Osipov is now being tried on charges of fraud. According to the prosecution, he allegedly contributed to the issuance of five unsecured loans, which caused the bank more than 700 million rubles. damage. Currently, the trial is at the stage of hearing the testimony of witnesses for the prosecution, said Dmitry Konov, “Kommersant-Yug”.
Contact Elena Sachko and Mikhail Shevchenko today failed.
Sergey Radchenko from the law office “Yug” notes that the issuance of obviously hopeless loans to be repaid is a legal basis for attracting employees of a failed bank to subsidiary liability to creditors. However, it is necessary to prove that the employees acted deliberately, and this is quite difficult, therefore the courts do not always satisfy such requirements of the DIA, says the lawyer.
Kapitalbank was established in 1993, its central office was located in Rostov-on-Don, it also had branches in Moscow, St. Petersburg, Krasnodar, Tula, Voronezh, Volgograd, Bryansk, Kaluga and Orel. According to the Central Bank of the Russian Federation, at the date of the revocation of the license, Kapitalbank had ten co-owners with shares ranging from 7.8% to 13.83%. These are citizens of Russia, Latvia and Lithuania.
In February 2016, the Central Bank of the Russian Federation revoked the license from Kapitalbank, explaining that it was a threat to the interests of creditors and depositors. The regulator considered that the bank pursued a high risk lending policy related to the placement of funds in low-quality assets. After that, the arbitration court of the Rostov region declared him bankrupt and opened the bankruptcy proceedings against him, which is still ongoing.
As previously wrote “Kommersant-Yug”, Sergey Osipov is now being tried on charges of fraud. According to the prosecution, he allegedly contributed to the issuance of five unsecured loans, which caused the bank more than 700 million rubles. damage. Currently, the trial is at the stage of hearing the testimony of witnesses for the prosecution, said Dmitry Konov, “Kommersant-Yug”.
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