Potanin hides the Olympic facilities into the club of billionaire friends

According to the lawyers, the owner of "Interros" is trying to transfer assets into an autonomous non-profit organization because of the division of property as part of divorce proceedings.
01.05.2014
Izvestia
Origin source
How do I find "News", the owner of "Interros" Vladimir Potanin, has created an autonomous non-profit organization "Club of development and support of sports Rose". According to the register, the club was registered in mid-March. Together with Potanin its founders are: the owner of the holding company "Sinara" and Pipe Metallurgical Company Dmitry Pumpyansky, the president of "Transmashholding" Andrei Bokarev, Chairman of UST Gregory Berezkin board of directors and managing development projects "Interros" Sergey Bachin.

As explained by the representative of the "Interros" project (short title ANO - "Sports Club Rose") is a private initiative of a social nature. The first asset that will come under the control of the ELN will be the Olympic venue, which is in the Olympic construction program was listed as a "building block with facilities sports and recreation and cultural facilities for the reception of official delegations." To date, the completed transfer of the asset to the ELN.

In the "Interros" reminded that in preparation for the Olympics in Sochi Holding Strawyl ski resort "Rosa Khutor", Russian International Olympic University - and a new asset ANO. In the first two projects were involved Vnesheconombank loans and complex for receiving delegations "Interros" built at their own expense. The company did not disclose the amount of investment in this project. It was introduced into the program of construction of Olympic facilities by government decree.

The building area of ​​about 5 thousand sq. M. m. with a swimming pool, gym, rooms for receptions and leisure activities, which were placed during the Olympics official delegations, in the future we plan to use as a place for the activities of sports organizations, training and rest periods for professional athletes. The complex, which "Sporklub Rose" will manage, is located near the extreme of the park, included in the "Rosa Khutor".

- The object is not formally part of the "Rosa Khutor", although it is located in the resort - says the representative of the "Interros".

He also noted that the task of the participants is to attract the ELN in the "Sports Club Rose"portsmenov that later became an independent entity, has paid off and could exist independently.

- There is an idea that the example of "Sports clubs Rose" will be run-in model, which will subsequently be used to "Rosa Khutor", - speak in "Interros".

Earlier this year, Vladimir Potanin, said it plans to make the resort "Rosa Khutor" nonprofit. According to him, the status of the fund, "Rose Farm" is not aimed at profit, and on the development of the resort, which will form a positive image in the community about the project and thus people become more actively support it.

However, the lawyer Natalia Potanin Vladimir Potanin's wife - his wife at the end of last year, are in divorce proceedings - said recently that by transferring assets to the status of charitable projects Potanin is trying to hide them from his wife as part of the division of property.

In the property list, which is to be divided, there is no "Rosa Khutor", but Natalia Potanin may qualify for half the marital property, the lawyers say. Since cerealseyshie business assets Potanin registered on offshore, Potanin has hired foreign lawyers who are in the courts of New York (for example, the Court of the Southern District of New York has a universal jurisdiction) are trying to get permission to ask the citizens and companies in the US documents about the couple's property.

All the founders of "Sports clubs Rosa" declined to comment on its participation in this project. In structures Dmitry Pumpyansky responded that this topic should comment on Vladimir Potanin. About the same, "Izvestiya" reported in the Federation freestyle Russia, whose president is Andrey Bokarev. In "Transmashholding", which belongs to Bokarev, could not comment on his participation in the project, adding that they knew nothing about it. Chairman of the Group Board of Directors of UST Gregory Berezkin refrained from commenting too.

According to the respondents 'Izvestia' lawyers, the transfer of assets in the non-profit partnership, as a rule, has two main objectives - tax optimization and the elimination of property upon divorce.

- Funds zarabotanyenon-profit organization, is spent exclusively on the implementation of social and social problems, - says partner of corporate practice Goltsblat BLP Ekaterina grandfathers. - Plus, these organizations are granted tax benefits. We can also assume that, in the framework of divorce proceedings, the transfer of assets in the non-profit partnership - is an attempt to limit the scope of the disputed property.

- The transfer of assets in the ANO "Sports Club Rose" - is a way not to withdraw the property from the section as such, but rather to reduce the cost to be divided society, and thus reduce any compensation owed to the spouse, or the size of the share attributable to it. I must say that for this purpose the transfer of property to a non-profit organization fits perfectly, - says partner of law firm "Yurlov and Partners» Dmitry Titov.

According to partner law office "Pleshakov, Ushkalov and partners" Slava Ushkalova, not keeping gainful activity by a commercial organization is fraught with constant conflict with the tax authorities, whiche will continuously cause the leadership of the organization and demand explanations about the lack of profit.

- In the case of non-profit organization such risk is excluded, - says Ushkalov. He also noted that since the ELN members have no rights to the property transferred to the organization, it can not be subject to section. However, according to Ushkalova, the wife may try to challenge the deal on the transfer of assets Potanin created them ELN, since by law the possession, use and disposal of the common property of the spouses should be by mutual agreement. In the case where one of the spouses property spent at his discretion or hid it, the division accounted for the property or its value.

Chairman of the Bar Association "Law Attorney Vash" Konstantin Trapaidze believes that the emergence of co-founders of the project Potanin may be due to the fact that these people are affiliated or "favorably disposed".

- At the confluence of certain circumstances, the co-founders can bring back the property to the person who made it. Yingbubbled words, these people can make decisions in the interests of Potanin, that is, in fact, he will shadow the owner of the property within the ELN - Trapaidze said.