"Motovilikha" does not pass through the competition

Creditors mashholding can not share the control over its bankruptcy.
26.04.2018
Kommersant
Origin source
Bank "Russia" independently held a meeting of creditors and tried through it to establish a competitive candidate for PJSC Motovilikhinskiye Zavody (MZ) own candidate. Representatives of PJSC and related to "Rostekhom" (owner of mashholding) creditors opposed. In their opinion, the meeting was organized illegally, since the court had previously banned it. In "Rosteha" they hope that after considering all the claims to the debtor, the share of creditors under the control of the state corporation will increase.

The Arbitration Court of Perm Krai on April 25 could not decide on the candidacy of the bankruptcy trustee of PJSC Motovilikhinskiye Zavody. During the meeting, representatives of Bank Rossiya filed a petition for the approval of the debtor Alexander Felinsky by the bankruptcy trustee. As follows from the petition, a meeting of PJSC creditors voted for his candidacy. The representative of the bank said that the meeting took place on the basis of a court decision, which obliged and. about. bankruptcy commissioner to hold it until April 20.

Initially, the meeting was scheduled and. about. manager Vitali Shemigon on April 13 in the territory of the Ministry of Health. But to the creditors who appeared to him, he orally announced that the court had made a decision the day before to ban the holding of this event and offered to leave the regime territory. "Proceeding from common sense and understanding that within ten days the court can not accept an mutually exclusive decision, it was decided to hold a meeting on the governor's agenda elsewhere," the bank's representative said. He also explained that at the time of the judicial act to ban the meeting was not in the electronic file cabinet of the arbitration court of the Perm region. Thus, Mr. Chemigon's words were not confirmed by anything. As a result, at the meetings held on April 13 and 20, it was decided to ask the court to approve Mr. Felinsky, the bankruptcy trustee.

The Motovilikhinskiye Zavody group (controlled by the Rostekh structures) unites the metallurgical complex and a number of engineering industries, produces oilfield equipment, produces weapons: rocket launcher systems and artillery. According to the manager, at the end of February the total amount of accounts payable of the company was about 13.8 billion rubles. The largest creditors of PJSC are Rossiya (7.6 billion rubles), Rosoboronexport (3.9 billion rubles), Globex Bank (885.6 million rubles), Rostek State Corporation (450 million rubles) rub.).

On March 26, the court instituted a bankruptcy procedure at the enterprise. At the suggestion of creditors who are members of Rostech, and. about. Mr. Shemigon was approved as the bankruptcy trustee. The application of AKB "Russia" on the approval and. about. manager Alexander Alimov was rejected. By the same decision, on April 25, a meeting was held to approve the "permanent" bankruptcy commissioner. As it follows from the file of the arbitration court of Permsky Krai, the decision to ban creditor meetings was adopted on April 12 as an interim measure at the request of Spetzremont JSC (part of the Rostek Group of Companies). The debt of Motovilikha before him is more than 283 million rubles. The ban is in force until all creditors' claims are submitted, submitted within the prescribed time period during the monitoring procedure.

The representatives of Motovilikha asked to refuse to satisfy the petition. In their opinion, the meeting of creditors was held in the presence of a court injunction, as well as in the absence of an authorized person (acting CEO), so the decision is illegal. The debtor suggested postponing the hearing. According to PAO, during the break, interim measures will be lifted, and the manager will be able to hold the meeting. In turn, Mr.Smigon said that he offered to get acquainted with a copy of the definition of their imposition to all comers, but creditors from the bank did not want to do this. The representative of the Federal Tax Service also said that the tax authority considers the last meeting illegal and intends to seek the establishment of this fact through the court. "It's a pity that everything is delayed, but the law does not leave any other choice for us," he summed up. The court adjourned the meeting on May 25.

During the meeting, the representative of the bank reminded that by the time of the meeting 92% of the total volume of creditors' claims had already been considered; the appearance of a conditional 8% can not in any way affect the decisions of the meeting. He added that the court repeatedly obliged Mr. Shemigon to hold a meeting, but the manager always evaded execution of this decision, because of which the bank had no opportunity to exercise its rights. The decision to take interim measures, according to the lawyer, will be appealed. A similar position, he says, is followed by the bank Globex.

A representative of JSC NPO Splav, which is a creditor and shareholder of Motovilikha, said that he considered the meeting held by the bank illegal and violating the rights of other creditors, noting that the company did not know about the meeting. He recalled that at the meeting the issue of the composition of the creditors' committee, which are elected by cumulative voting, should also be considered. "The bank is trying to exclude the possibility of the influence of other creditors on the election process," the representative of "Splav" believes. According to him, after consideration by the court of the validity of the claims of all creditors, the correlation of forces may change, since the enterprises affiliated with Rostekh "produce a unified position on the voting". "That is, the bank issued a huge amount of money, and no one is going to return them," complained the lawyer of AKB "Russia".

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