RusBankrot
We know everything about bankruptcy
08/09/2024
Sunday
THIS DAY IN HISTORY:
8 September 
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
8 September
1941 The blockade of Leningrad began.
1429 The storming of Paris by the troops of Jeanne D'Arc.
1380 The Tatar-Mongol troops were defeated by the Russian troops in the Battle of Kulikovo.
THE SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT
The bankruptcy process of Finprombank (case no. A40-196703/2016) turned into subsidiary liability for Andrey Barinov, the former head of the Customs Card company, who managed the organization from the end of 2022 until November 2019. Three judicial instances granted the petition of the bankruptcy trustee, who pointed out the damage caused to the bank in the amount of 192 million rubles.
The courts reviewed a number of transactions in which the "Customs Card" was involved. The bank concluded one of them at the end of 2014, giving the company a loan in the amount of 1.3 billion rubles. After that, Barinov himself signed three agreements with the bank, receiving a loan in the amount of 969 million.
In the summer of 2016, the head of the Customs Card transferred his share in the company (45%) in the form of compensation to Evlida Ltd. She, in turn, sold it to Finprombank for 2.1 billion rubles. At the same time, under the assignment agreement, Evlida Limited received from the credit institution a number of requirements to the company Customs Card (1.3 billion), personally to Barinov (462 million) and the company Transproject Finance (335 million). Everything ended with a netting.
According to the Bankruptcy Trustee, the transactions allowed the withdrawal of a large asset from the bank, which were the requirements of the credit institution to the firm Transproject Finance. Its amount was 335 million. As a result, the bank suffered damage in the amount of 192 million rubles.
The arbitration judges considered that they had satisfied Barinov's request for a subsidiary, considered him to be the beneficiary of his personal loan transactions and contracts of the organization controlled by him. After all, as a result, the bank received only a share in the "Customs Card", estimated at 142 million, writing off about 2.3 billion of debt from its balance sheet.
Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former head pointed out, he did not receive any financial benefit from the transactions. Now his complaint is to be considered by the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation. The meeting of the Economic Board is scheduled for August 5.
According to the opinions of experts cited by the publication probankrotstvo.ru The Supreme Court of the Russian Federation will have to evaluate Barinov's actions related to the repayment of obligations of a controlled organization. Attention is drawn to the use by courts of the presumption of a "controlling beneficiary" for transactions made before 2017, which formally contradicts the definition of the Judicial Board for Economic Disputes dated September 26, 2020 (No.310-ES20-6760).
The courts reviewed a number of transactions in which the "Customs Card" was involved. The bank concluded one of them at the end of 2014, giving the company a loan in the amount of 1.3 billion rubles. After that, Barinov himself signed three agreements with the bank, receiving a loan in the amount of 969 million.
In the summer of 2016, the head of the Customs Card transferred his share in the company (45%) in the form of compensation to Evlida Ltd. She, in turn, sold it to Finprombank for 2.1 billion rubles. At the same time, under the assignment agreement, Evlida Limited received from the credit institution a number of requirements to the company Customs Card (1.3 billion), personally to Barinov (462 million) and the company Transproject Finance (335 million). Everything ended with a netting.
According to the Bankruptcy Trustee, the transactions allowed the withdrawal of a large asset from the bank, which were the requirements of the credit institution to the firm Transproject Finance. Its amount was 335 million. As a result, the bank suffered damage in the amount of 192 million rubles.
The arbitration judges considered that they had satisfied Barinov's request for a subsidiary, considered him to be the beneficiary of his personal loan transactions and contracts of the organization controlled by him. After all, as a result, the bank received only a share in the "Customs Card", estimated at 142 million, writing off about 2.3 billion of debt from its balance sheet.
Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former head pointed out, he did not receive any financial benefit from the transactions. Now his complaint is to be considered by the Judicial Board for Economic Disputes of the Supreme Court of the Russian Federation. The meeting of the Economic Board is scheduled for August 5.
According to the opinions of experts cited by the publication probankrotstvo.ru The Supreme Court of the Russian Federation will have to evaluate Barinov's actions related to the repayment of obligations of a controlled organization. Attention is drawn to the use by courts of the presumption of a "controlling beneficiary" for transactions made before 2017, which formally contradicts the definition of the Judicial Board for Economic Disputes dated September 26, 2020 (No.310-ES20-6760).
17.07.2024
