exchange of blows
In October, "Stroyfarfor", which controls the company "UniTile" (CEO - Majewski) has terminated its relationship with "Ceramic trade groups" and of "good tiles," which sold a tile factory and belong, accordingly, the widow of his brother Shaulova Love and son Shaulova Alexander. According to the Savings Bank was opened in October, again a case of illegally obtaining "STROYFARFOR" still under the leadership of Shaulova credit (Article 176 of the Criminal Code.) - The bank as collateral is already given to the pledged property, according to investigators, the suspects in the case yet. "UniTile" Shaulova accused that he tried with forged powers of attorney to change the general director of "Evrotayl Distribution" and shopping IBD home.
Shaulov tells the story with forged powers of attorney - organized "UniTile" provocation, and the illegal reception of the credit, "he does not know anything." Shaulov adds that he, as the sole shareholder of "Stroyfarfor" decided to change the general director - Ilya Udovichenko appoint a management company instead of "UniTile" LLC - and sent a notifieds with the IRS. "UniTile" appealed this decision in the Rostov Arbitration: contract management "STROYFARFOR" can be terminated unilaterally, but only on three months' notice, the notice was not, he motivates his claim "UniTile".
In 2011, "UniTile" Holding Company (plants "Stroyfarfor" Voronezh Ceramic Factory and canned in 2009 PKF "Quartz", a trading company "Evrotayl Distribution") started their own controlled bankruptcy - that was the plan for their conservation and decommissioning crisis, told Shaulov and Majewski, whom he invited to the partners. According to them, the plan has been agreed with creditor banks. By the time the banks are presented to companies' UniTile "claims about 4.4 billion rubles., Of which 3.7 billion rubles. - Sberbank.
Because of the crisis in the conflict
In August - September 2012. "Stroyfarfor" and other factories have entered into a settlement agreement with creditors 3.7 billion rubles. total debt had to be paid over four years, for it was established rate of 8% per annum. In September 2012 it approved thel The Arbitration Court of the Rostov Region, the text is published on the website of the Supreme Arbitration Court.
Majewski insists that such comfort is entirely to his credit as "talk to Shaulova from no one wanted to banks" - "it has discredited itself by his behavior." A year ago, Majewski told that became the owner of all "UniTile" and Shaulov went out of business, and in April 2011 went to Spain for fear of prosecution (applications written in the law enforcement agencies, banks), lives in Barcelona, "all happy and claims It has no ".
Then Shaulov not comment on anything, but in October of this year, said "Vedomosti" that "Stroyfarfor" not sold and still owns it, and Majewski only partner and manager (factory manager director general of "UniTile"). A long silence, he explained that it was treated abroad. The conflict between the partners became public and began to gain momentum (see. Incision). Shaulov and is now in the list of affiliated persons "Stroyfarfor" and listed its sole shareholder. Majewski said: "Lazarusalready there is no ", but the shares pledged to the Savings Bank, and changes in the shareholders' register can not yet be made.
Left "Stroyfarfor"
Shaulov Majewski and both said "Vedomosti" that had not entered into any agreements regarding the ownership of "STROYFARFOR". Majewski says that under the settlement purchased his company "Business Assessment" 606 million rubles. holding the debt to be converted into shares of "Stroyfarfor". But Shaulov refuses to declare an additional issue, he was indignant. When the authorized capital of "Stroyfarfor" 13.9 million rubles. conversion of debt to "business assessment" in the campaign would give the company Majewski package in 97.8%.
Shaulova In another version: "The action plan was: to redeem the debt of all the companies to keep the business, to remove my personal guarantee on the loan and make all Majewski Treasury debt into capital" Evrotayl Distribution ". He adds that it was done - Majewski with partners are the owners of the Cyprus Unitile Cyprus ltd, which through a chain of companies owned by the Cyprus Tresestrellas ltd, and that already owns "Evrotayl". "Eurotasil "also owns the Voronezh ceramic factory and the unemployed" Quartz ".
Manager "UniTile" confirmed that Majewski - the owner of 80% Unitile Cyprus and the company controls all the assets of the holding, except for "Stroyfarfor".
"Evrotayl", in 2012 became the center of the holding's income: the revenue from the resale under RAS tiles of 5.4 billion rubles. net profit amounted to 2.4 billion rubles. Manufacturers' Stroyfarfor "tile and Voronezh ceramic factory in the amount of 3.2 billion rubles bailed., The total net profit amounted to 48.3 million rubles.
Top-manager of a major tile manufacturer said that "UniTile" market would not interesting, attractive only to "Stroyfarfor". Production Director "UniTile" Sergey Ilyin explained that the power of "Stroyfarfor" - 15 million square feet. meters of tiles per year, in the Voronezh plant - 10 million square meters. m, but it is quite outdated.
By his own estimation "UniTile", its share in the Russian market of coating materials over 25%, the company has positioned itself as the sole leader.
No settlement agreement
In the settlement agreement ofvoritsya that lenders "Business Assessment" Sberbank and VTB commit to acquired rights in the authorized capital of "Stroyfarfor", "Evrotayla" and Vladimir quarry refractory clays ( "daughter" of "Stroyfarfor" delivers his material). The debt to VTB RUB 323.5 million. already extinguished, said Majewski, and by agreement of the Savings Bank may convert into the authorized capital of all the debt of 74 mln., while the company Majewski has the right to convert all 606 million rubles. debt. Sberbank's press service declined to comment.
"If" Business Assessment "converts its claims or their significant part in the action, it will become a full shareholder - the Russian legislation allows for the conversion of debt into shares or shares of the debtor. At the same time, taking into account the small Shaulov charter capital is likely to be lost in the corporate control "STROYFARFOR", - says the managing partner of law firm "Öberg, Stepanov and partners" Igor Stepanov. However, adds the lawyer in the world can not accommodate obligation "Stroyfarfor" to issue new shares and the more objaannost sole shareholder to take a decision on the additional issue (without which it is impossible), and force the shareholder to take such a decision is difficult.
Shaulov this point of the agreement is not commenting. "There is no document on which I have to hand over control of" Stroyfarfor "Mr. Mayevsky. If such documents were, they would have been hung on the entrance of the plant, "- he says, adding that the world did not sign, and concluded his Alexey Novikov, who was then CEO" UniTile ". "Shaulov could not have been unaware of the global environment, since" Stroyfarfor "is both a major transaction and related party transaction, which is not possible without the approval of the shareholders," - said Stepanov.
Majewski insists that came in "UniTile", hoping to get and "Stroyfarfor": "He wants me to just come, he decided his problem - I was that boy, is it" And Shaulov, according to him, in 2011 . I was in agreement with everything. "It was signed, everyone agreed. Per person [Shaulova] was closed "ugolovka" closed writs. Ms given "piece" to life - to develop. All this was done, that he could safely leave. He sat before leaving my hands were shaking, said: "I am blind, [President of Sberbank German] Gref said - close". Now, apparently, [Shaulov] wanted more money, "- indignantly says Majewski.
Warring parties do not disclose that they intend to do next. "The pledge of shares of Sberbank and even their arrest will not prevent the shareholder [Shaulova] to manage your package and make decisions," - said Stepanov. "It seems that nothing can prevent the change of shareholders or the management company to put in its place another general director. On the other hand, it is unlikely to force a shareholder through the courts to issue new shares in favor of the creditor. For the lender [ "business assessment"] the most logical way - to present their claims and then seek bankruptcy "Stroyfarfor" - says the managing partner of law "South" Yuri Pustovit Bureau.
Majewski sure
"All it is impossible to register it as the Americans say -" the longer the marriage conpAKT, the stronger the marriage, "- he said Majewski on the world. He believes that his conditions are sufficient to convert the debt into the share capital of "Stroyfarfor" and Shaulova can be held criminally liable for failure to perform court's decision. "He is a shareholder, but do you know how many billion [rubles] has to Sberbank for a personal guarantee? And for him it meets all of his possessions. I think Sberbank excited and will sell its package ", - adds Majewski.
In 2011, the Savings Bank sought to Shaulova Oktyabrsky district court in the area of 4.2 billion rubles. as a guarantor for loans plants "UniTile", according to last year's settlement agreement, the guarantee can not be removed until full repayment of debt. Shaulov says that debt to Sberbank, according to which it is the guarantor, now stands at 2.5 billion rubles.
"It is clear that Lazar wants to take a little more in this situation. But now the situation is open and transparent, is within the law. Savings on the side of the enterprise. Why bring the company into bankruptcy? In this there is no economic and financial logic "- Reasoningt Manager South-Western Bank of Sberbank.
According to the press-service of "UniTile" Consolidated group revenues in 2013 will amount to 6.2 bln. Rubles. (+ 14%), EBITDA for the year - 1.4 billion rubles.. (Profitability - 22.3%). Majewski said that at the beginning of December the group was to be about 2.8 billion rubles., By June, the debt will be reduced to 1.7 billion rubles.
In October, "Stroyfarfor", which controls the company "UniTile" (CEO - Majewski) has terminated its relationship with "Ceramic trade groups" and of "good tiles," which sold a tile factory and belong, accordingly, the widow of his brother Shaulova Love and son Shaulova Alexander. According to the Savings Bank was opened in October, again a case of illegally obtaining "STROYFARFOR" still under the leadership of Shaulova credit (Article 176 of the Criminal Code.) - The bank as collateral is already given to the pledged property, according to investigators, the suspects in the case yet. "UniTile" Shaulova accused that he tried with forged powers of attorney to change the general director of "Evrotayl Distribution" and shopping IBD home.
Shaulov tells the story with forged powers of attorney - organized "UniTile" provocation, and the illegal reception of the credit, "he does not know anything." Shaulov adds that he, as the sole shareholder of "Stroyfarfor" decided to change the general director - Ilya Udovichenko appoint a management company instead of "UniTile" LLC - and sent a notifieds with the IRS. "UniTile" appealed this decision in the Rostov Arbitration: contract management "STROYFARFOR" can be terminated unilaterally, but only on three months' notice, the notice was not, he motivates his claim "UniTile".
In 2011, "UniTile" Holding Company (plants "Stroyfarfor" Voronezh Ceramic Factory and canned in 2009 PKF "Quartz", a trading company "Evrotayl Distribution") started their own controlled bankruptcy - that was the plan for their conservation and decommissioning crisis, told Shaulov and Majewski, whom he invited to the partners. According to them, the plan has been agreed with creditor banks. By the time the banks are presented to companies' UniTile "claims about 4.4 billion rubles., Of which 3.7 billion rubles. - Sberbank.
Because of the crisis in the conflict
In August - September 2012. "Stroyfarfor" and other factories have entered into a settlement agreement with creditors 3.7 billion rubles. total debt had to be paid over four years, for it was established rate of 8% per annum. In September 2012 it approved thel The Arbitration Court of the Rostov Region, the text is published on the website of the Supreme Arbitration Court.
Majewski insists that such comfort is entirely to his credit as "talk to Shaulova from no one wanted to banks" - "it has discredited itself by his behavior." A year ago, Majewski told that became the owner of all "UniTile" and Shaulov went out of business, and in April 2011 went to Spain for fear of prosecution (applications written in the law enforcement agencies, banks), lives in Barcelona, "all happy and claims It has no ".
Then Shaulov not comment on anything, but in October of this year, said "Vedomosti" that "Stroyfarfor" not sold and still owns it, and Majewski only partner and manager (factory manager director general of "UniTile"). A long silence, he explained that it was treated abroad. The conflict between the partners became public and began to gain momentum (see. Incision). Shaulov and is now in the list of affiliated persons "Stroyfarfor" and listed its sole shareholder. Majewski said: "Lazarusalready there is no ", but the shares pledged to the Savings Bank, and changes in the shareholders' register can not yet be made.
Left "Stroyfarfor"
Shaulov Majewski and both said "Vedomosti" that had not entered into any agreements regarding the ownership of "STROYFARFOR". Majewski says that under the settlement purchased his company "Business Assessment" 606 million rubles. holding the debt to be converted into shares of "Stroyfarfor". But Shaulov refuses to declare an additional issue, he was indignant. When the authorized capital of "Stroyfarfor" 13.9 million rubles. conversion of debt to "business assessment" in the campaign would give the company Majewski package in 97.8%.
Shaulova In another version: "The action plan was: to redeem the debt of all the companies to keep the business, to remove my personal guarantee on the loan and make all Majewski Treasury debt into capital" Evrotayl Distribution ". He adds that it was done - Majewski with partners are the owners of the Cyprus Unitile Cyprus ltd, which through a chain of companies owned by the Cyprus Tresestrellas ltd, and that already owns "Evrotayl". "Eurotasil "also owns the Voronezh ceramic factory and the unemployed" Quartz ".
Manager "UniTile" confirmed that Majewski - the owner of 80% Unitile Cyprus and the company controls all the assets of the holding, except for "Stroyfarfor".
"Evrotayl", in 2012 became the center of the holding's income: the revenue from the resale under RAS tiles of 5.4 billion rubles. net profit amounted to 2.4 billion rubles. Manufacturers' Stroyfarfor "tile and Voronezh ceramic factory in the amount of 3.2 billion rubles bailed., The total net profit amounted to 48.3 million rubles.
Top-manager of a major tile manufacturer said that "UniTile" market would not interesting, attractive only to "Stroyfarfor". Production Director "UniTile" Sergey Ilyin explained that the power of "Stroyfarfor" - 15 million square feet. meters of tiles per year, in the Voronezh plant - 10 million square meters. m, but it is quite outdated.
By his own estimation "UniTile", its share in the Russian market of coating materials over 25%, the company has positioned itself as the sole leader.
No settlement agreement
In the settlement agreement ofvoritsya that lenders "Business Assessment" Sberbank and VTB commit to acquired rights in the authorized capital of "Stroyfarfor", "Evrotayla" and Vladimir quarry refractory clays ( "daughter" of "Stroyfarfor" delivers his material). The debt to VTB RUB 323.5 million. already extinguished, said Majewski, and by agreement of the Savings Bank may convert into the authorized capital of all the debt of 74 mln., while the company Majewski has the right to convert all 606 million rubles. debt. Sberbank's press service declined to comment.
"If" Business Assessment "converts its claims or their significant part in the action, it will become a full shareholder - the Russian legislation allows for the conversion of debt into shares or shares of the debtor. At the same time, taking into account the small Shaulov charter capital is likely to be lost in the corporate control "STROYFARFOR", - says the managing partner of law firm "Öberg, Stepanov and partners" Igor Stepanov. However, adds the lawyer in the world can not accommodate obligation "Stroyfarfor" to issue new shares and the more objaannost sole shareholder to take a decision on the additional issue (without which it is impossible), and force the shareholder to take such a decision is difficult.
Shaulov this point of the agreement is not commenting. "There is no document on which I have to hand over control of" Stroyfarfor "Mr. Mayevsky. If such documents were, they would have been hung on the entrance of the plant, "- he says, adding that the world did not sign, and concluded his Alexey Novikov, who was then CEO" UniTile ". "Shaulov could not have been unaware of the global environment, since" Stroyfarfor "is both a major transaction and related party transaction, which is not possible without the approval of the shareholders," - said Stepanov.
Majewski insists that came in "UniTile", hoping to get and "Stroyfarfor": "He wants me to just come, he decided his problem - I was that boy, is it" And Shaulov, according to him, in 2011 . I was in agreement with everything. "It was signed, everyone agreed. Per person [Shaulova] was closed "ugolovka" closed writs. Ms given "piece" to life - to develop. All this was done, that he could safely leave. He sat before leaving my hands were shaking, said: "I am blind, [President of Sberbank German] Gref said - close". Now, apparently, [Shaulov] wanted more money, "- indignantly says Majewski.
Warring parties do not disclose that they intend to do next. "The pledge of shares of Sberbank and even their arrest will not prevent the shareholder [Shaulova] to manage your package and make decisions," - said Stepanov. "It seems that nothing can prevent the change of shareholders or the management company to put in its place another general director. On the other hand, it is unlikely to force a shareholder through the courts to issue new shares in favor of the creditor. For the lender [ "business assessment"] the most logical way - to present their claims and then seek bankruptcy "Stroyfarfor" - says the managing partner of law "South" Yuri Pustovit Bureau.
Majewski sure
"All it is impossible to register it as the Americans say -" the longer the marriage conpAKT, the stronger the marriage, "- he said Majewski on the world. He believes that his conditions are sufficient to convert the debt into the share capital of "Stroyfarfor" and Shaulova can be held criminally liable for failure to perform court's decision. "He is a shareholder, but do you know how many billion [rubles] has to Sberbank for a personal guarantee? And for him it meets all of his possessions. I think Sberbank excited and will sell its package ", - adds Majewski.
In 2011, the Savings Bank sought to Shaulova Oktyabrsky district court in the area of 4.2 billion rubles. as a guarantor for loans plants "UniTile", according to last year's settlement agreement, the guarantee can not be removed until full repayment of debt. Shaulov says that debt to Sberbank, according to which it is the guarantor, now stands at 2.5 billion rubles.
"It is clear that Lazar wants to take a little more in this situation. But now the situation is open and transparent, is within the law. Savings on the side of the enterprise. Why bring the company into bankruptcy? In this there is no economic and financial logic "- Reasoningt Manager South-Western Bank of Sberbank.
According to the press-service of "UniTile" Consolidated group revenues in 2013 will amount to 6.2 bln. Rubles. (+ 14%), EBITDA for the year - 1.4 billion rubles.. (Profitability - 22.3%). Majewski said that at the beginning of December the group was to be about 2.8 billion rubles., By June, the debt will be reduced to 1.7 billion rubles.
