Today the Arbitration Court of Tatarstan has decided to introduce the latest stage in the bankruptcy LLC "Modern Energy Modeling", was in the center of the scandal that led to the resignation of the Minister of Justice Midhat Kurmanova. At the meeting, the company said about a third person, who is ready to buy all the debts of the SEM to the French retailer. But, as learned correspondent "Business Online", rejected their offer and the bankruptcy trustee, and representative of the company "Intelligence and Law", representing "Leroy Merlin" in Tatarstan. In this case the chances of debt recovery is not so great - as told to our correspondent bankruptcy trustee, any property of the SEM is not listed. However, according to experts, it is possible that the creditors will be able to collect the debt from the owners of the company as part of a criminal prosecution.

ATTEMPT TO GO TO THE WORLD

Today the bankruptcy case of "Modern Energy Modeling" (of "SAM") was considered by the Arbitration Court of Tatarstan. Recall that the company appeared at the hearing in connection with the scandal that ensuedI'm around the family of the former Minister of Justice of the Republic of Tatarstan Midhat Kurmanova after revealing statements made by Tatarstan Ildus Nafikova prosecutor.

LLC "EMS" was recommended by the French company "Leroy Merlin" the son of the Minister Ildar Kurmanov. French investors have listed this company funds in the amount of 47 mln. Rubles as payment for connecting the shopping center to the grid power and heat supply and agency agreements. According to the investor, the works have not been carried out, and the leadership of the company "SEM" was very loud in the names was listed as the founder Louise Kurmanova - wife of the former Minister of Justice, and the director was Ravil Akhmetzyanov - Ildar-law.

August 29 in the framework of the bankruptcy procedure, which is initiated with the filing of "Intelligence and Law" (represents "Leroy Merlin"), the Arbitration Court of the Republic of Tajikistan introduced the procedure in relation to SEM observation and appointed a temporary administrator Dennis Ochirova. Today, the last being in the Arbitration Court of the Moscow region, said in a video conferencing mode, how in the framework of bankruptcy proceduresand it has passed the stage of observation. However, no data on the finances SEM Ochirov not led. In addition to the Ochirova in Moscow was the representative of the creditor company "Intelligence and Law", and in the process came to Kazan representative of the respondent Akhmetzyanova - Irek Latypov. Interestingly, in fact there is a lot of third parties from the Investigative Committee of Russia to the Federal Bailiff Service. Only 7 participants. But none of them at the meeting did not come. Also, it does not come to court, and Ildar Kurmanov, who had previously stated that he would fight for the abolition of the decision on bankruptcy and SEM in an interview with our publication, and in conversation with representatives of the Kazan Kremlin, who invited him to the explanatory conversation.

Before Ochirov took the floor, the unexpected request is received from the representative Akhmetzyanova.

- LLC "EMS" is intended to settle the dispute peacefully in the bankruptcy case, in connection with which to address the bankruptcy trustee, the lender sent a corresponding letter, and negotiations. In connection with the beginning of peaceful settlement of the request to postpone the case on bankrotstve essentially for two months. There is also a response to the lender, which has agreed to a peaceful solution to this dispute.

TAX not let go to the world

However, a representative of the lender considers the application unfounded, explaining his decision for three reasons. Firstly, according to the law, the international settlement is not grounds for deposits business, let alone a reason to postpone the report of the bankruptcy trustee to step up.

- The process of bankruptcy - this is not civil proceedings and does not stop because of a possible settlement of the dispute.

The representative of the company "Intelligence and law" recalled that the proposal to go to the world will not work yet because the tax authorities joined in the register of creditors of LLC "EMS" last week. Repayment in front of one of the creditors will lead to a breach of the law in terms of the advantages of one creditor over another. Talking about the letter with a proposal to a peaceful settlement, representative of the company "Intelligence and Law" explained that they really came out presentl defendant.

- Received an offer from a third individual to redeem the right to claim we have a major creditor. We did agree to an assignment of the right of claim on these conditions in this letter. However, no documents are not ready yet, no real foreclosure claims by third parties is not present, so the process of bankruptcy must continue without delay. It should be as soon as possible to move to the stage of the bankruptcy proceedings to the bankruptcy trustee could challenge the transaction. From the minutes of the meeting of creditors to be that the company "SEM" Now can not meet the requirements of creditors - it is not even close to the property, which could pay off the claims of creditors, including the Federal Tax Service. And delay the process in order to found a non-existent company funds to pay off, it is impossible.

As previously wrote the paper "BUSINESS Online", the company "EMS" registered as a construction company. Funds received, apparently from "Leroy Merlin", were reflected as accounts payable, which implies executionfurther work or the supply of goods. The item "Inventories" increase even passed:.. To 17.77 million rubles in 2011 to 50.88 million rubles in 2012, which may indicate a preparation for the implementation of the order. However, the fate of the reserves in 2013 is unknown, as well as obscure their real structure.

REDEMPTION OF DEBT AS Remedy

The Court, having considered the motion for adjournment of the proceedings for two months, did not satisfy him. It is interesting that came out of the courtroom, the defendant's representative Latypov told the correspondent of "BUSINESS Online": a letter to the company's "intelligence and law" on the peaceful settlement of the question was drawn up by the Akhmetzyanova. That is it, apparently, is not so much to redeem the right to claim, as an ordinary debt repayment. In essence, this means that Kurmanova now trying by all means to quickly resolve the issue.

The administrator told about how all this took place during the procedure observations: published notice of the beginning of the procedure at the authorized publication, compiled the list with the requirements of the creditors held their citContents. However, at the time of the first meeting of creditors, the creditor was only one - "Intelligence and Law" - with the requirement of the debt of 47 million rubles.. Then we turn the debt register of claims, which was formed in the EMS before the tax authorities.

- Compiled by analysis of the financial, economic and investment activities of the debtor. At the time of the first meeting of creditors replies had been received from the registration authorities, but they indicate that the debtor is not registered any property.

At the meeting of creditors, as it turned out, it was decided to impose on the "SEM" OOO bankruptcy proceedings. Against the introduction of this procedure and did not mind Latypov. The judge came out of the consultation room, announced the commencement of the bankruptcy proceedings, which will last at least six months - until May, 2014.

"Business Online» continues to monitor developments.

Bankruptcy can last the whole YEAR

The situation with bankrostva SEM newspaper "Business Online» commented the experts.

Emil GATAULLIN - lawyer:

- There are two options,why "Intelligence and law" do not go to the world. First - they did not believe in this postponement. During this time they may hope to gain control of the company due to the fact that the liquidator will take any appropriate action for timely search for property may be, for the recognition of transactions void. The two-month postponement gives the defendant a certain privilege, for which he himself, perhaps, lead is not so, as promised in court. The second option is what I'm more inclined: "Intelligence and law" seems interested not so much the money as the problem situation, from which it could be something to squeeze. In particular, they or those who stand behind them, or interested to prolong the conflict, as a result of the conflict removed the Minister of Justice.

With regard to the payment of a debt, it is a very big problem for the company "SEM". Catch up with always more complicated than running away. In this situation, because it was possible to consider a criminal case against the director, those who are responsible for making business decisions in the company. And there, perhaps, HSolovnoe deal will entail even greater problems for these individuals - persons involved in future criminal proceedings.

The company's liability is limited only to the size of their deposits. But there is a norm in the Civil Code, which says that the founders will be and can be held responsible for the debts of the enterprises created by them, if they take certain decisions at a meeting of members of the society, which caused damages to third parties. This is if you go purely by civil law, which is quite problematic. Those who are attracted to the criminal responsibility of individuals, they are less look at these formalities. Let's say you created a fraudulent company and secured the creation LLC, but in fact you still remain responsible person, you simply create a form that you think can save you from criminal liability or property.

If we consider the totality of the actions of all stakeholders, that all of these actions, including those related to the establishment of the Company or to its acquisition may be related negligible transaction, concealing another transaction. And then carry otvetssibility will be those people who specifically receive appropriate benefit from the activities of the legal entity. In recent jurisprudence away from this purely formalism, and it is possible to raise the question about the responsibility of those who are behind these legal entities.

Oleg Shemaev - lawyer:

- World-default agreement should cater for all parties to the conflict, and the fact it is an amicable agreement. If you take two abstract sides of the conflict, the situation is not so rare that one party offers a settlement agreement, and the other side the terms of the agreement are not satisfied. Each resulting litigation trying to get what he thinks is right. Naturally, the plaintiff has its own position, and the defendant - their own, they do not always coincide. The settlement agreement approved by the court in the end if its conditions satisfied all parties. And if one of the parties is not satisfied, the settlement agreement is not.

The mere fact that a proposal for the conclusion of a settlement agreement, coming from one of the parties does notIt means that the other party necessarily agrees with them. So, something the company "Intelligence and law" in this Settlement Agreement are not satisfied with, perhaps, some financial issues.

If one of the parties does not agree to a settlement agreement, then it will go in the order established by the court and will end judgment. The settlement agreement under the law can be concluded at any stage of the proceedings until the court retires to the deliberation room. While the court will not be removed, it is possible to conclude the agreement.

"Intelligence and law" may not suit the conditions. Perhaps the sum of them is not satisfied or timing of execution of a settlement agreement. Perhaps not enough guarantees of execution of the agreement. It's hard to say, you know the deal, but in each case there are conditions of a settlement agreement that can hold or not hold parties to the conflict.

Bankruptcy takes a very long period. First 6 months of treatment is observation, then another 6 months ... It creates a competitive weight, appointed temporary manager, trustee in bankruptcy, forAcha is - to collect including receivables and determine the order of repayment of the debtor's debt. Make up a list of creditors. Often it happens that not all creditors' claims can be satisfied as a result of the bankruptcy procedure, which is intended only to observe the rights of all creditors. Is advertising in the press, all creditors may assert their rights. Temporary and arbitration managers create the estate, the bankruptcy estate, of which the satisfaction of creditors' claims. The fact that they will be satisfied not full - there's no getting around it. This is the procedure of bankruptcy.

According to the general rules of the founders are not liable for the debts of the legal entity established by them, with one exception: if the infringement was the result of intentional acts, which will be proved by the relevant judicial acts. According to the general rules, the company is not responsible for the actions of the founders and the founders are not liable for the actions of society.

Apparently, the tax to the required registryments entered for the reason that there is a debt to the budget. At the conclusion of a settlement agreement it is necessary to discuss with all parties to the conflict.

PS. Even after the publication of the material vision of the situation the newspaper "Business Online» said Viktor Kisselenko - legal director of "Leroy Merlin":

- As of the morning of today, 25 November 2013, the company "Intelligence and law" no one with a formal proposal for the conclusion of a settlement agreement in the framework of the bankruptcy case of "Modern Energy Modeling", or with a proposal for redemption of creditor claims did not address. The company "Intelligence and law" really objected to adjournment adjudication on the introduction of bankruptcy proceedings in respect of "Modern Energy Modeling", because they believe that, firstly, any actions or to repay debt, including the partial settlement, or by amicable agreement within the framework of bankruptcy proceedings, we sent no one. Second, attempts to repayment just before one of the crDitore in the presence of at least two claims included in the register (currently included in the register of bankruptcy creditor requirement of "Intelligence and Law" and the requirement of the authorized body - the Federal Tax Service of Russia) violate established bankruptcy law principle of non-preferential repayment claims of one creditor over others. In this case of "Intelligence and Law" has always insisted and insists on the implementation of all activities, including in bankruptcy, strictly in accordance with applicable law. Third, as part of bankruptcy proceedings discontinued possible by the conclusion of a settlement agreement between the creditors at any stage of the proceedings, and the mere fact that the introduction of bankruptcy proceedings does not affect this possibility. Fourth, if anyone, including individual, ready to buy a claim belonging to OOO "Intelligence and Law" in the present case, the fact of introduction into the debtor's bankruptcy proceedings does not affect and can not affect possible tobe such redemption followed by termination of the bankruptcy proceedings on the grounds provided by law.

We have been communicating with EMS, and, despite the large number of oral suggestions and even promises, in fact, nothing happened. Therefore, in this situation, all oral statements seriously can not be perceived. The fact that the proposed SEM - is the delay, as you know, a settlement has no bearing. SEM at any time could have to pay if it was ready.