WITHOUT PRECEDENT. ALTAI ARBITRATION CANCELED THE BANKRUPTCY OF THE INSURANCE COMPANY
WITHOUT PRECEDENT. ALTAI ARBITRATION CANCELED THE BANKRUPTCY OF THE INSURANCE COMPANY
On October 25, the arbitration of the Altai Republic refused to recognize the National Insurance Group (NSG) Rosenergo as bankrupt. The court had to issue a verdict on the insolvency of the insurance company after the district court in Tyumen sent the case for consideration after examining the complaint. The cassation instance (AS of the West Siberian District) in February 2022 recognized that there were no grounds for the court decision that declared Rosenergo insolvent in November 2021.
NSG – Rosenergo appeared in 1999. The insurance company worked in the Russian Federation, opening numerous branches and representative offices (about 75 in different regions). Over 3 million citizens were clients of insurers. The company had 850 permanent employees. Another 4.5 thousand people interacted with the organization, performing agency functions.
The organization was one of the 30 largest insurance companies in the country. According to the CTP service, the company was included in the top 10 best insurers of the Russian Federation. The firm was engaged in investments in various tourist and housing projects in Siberia, had a stake in the Chemalsky hotel "Maryin Island", large real estate near Novosibirsk (7 hectares of land in the zone of the Ob reservoir). Taxes and other mandatory payments to the NSG annually amounted to more than 300 million rubles, writes RBC.
At the end of 2020, the Central Bank revoked all existing licenses from the organization. The reason was the discrepancy between the NSG's own capital and its obligations to the normatively established value in the amount of more than 20%. The interim administration appointed before that indicated that the organization's liabilities by September 2020 amounted to 6.1 billion, while assets – only 3.9 billion. According to the regulator, such a situation could pose a threat to the participants of the CTP market.
The former head of the organization, Vasily Marin, did not agree with such conclusions. According to him, the company's liabilities amounted to 2.7 billion, and its assets – about 4.5 billion rubles. It would be wrong to admit insolvency in such circumstances. In particular, Marin pointed out the groundlessness of a significant part of the requirements of the "Russian Union of Motor Insurers". Of the 3.6 billion rubles of the claimed claims, a significant part (about 2 billion) was not confirmed in court.
Lawyer Margarita Voskresenskaya, who represented the interests of the NSG, in an interview with RBC-Novosibirsk, called the incident unprecedented. Prior to this, the bankruptcy of an insurance company has never been canceled in the Russian Federation.
To come to such a result, Themis had to dive into the study of questions, the answers to which are difficult to find in the wording of Russian legislation. Experts from Tomsk State University were involved in the case. As a result, the examination concluded that it was impossible to establish the final amount of claims.
Ilya Bogdanov, who represented the Deposit Insurance Agency (DIA), also acknowledged this. The amount of obligations is confirmed solely by the list of claims that were presented by creditors. The legal adviser estimated the deficit of the firm's funds at 1.2 billion rubles. His opinion was supported by a representative of the Central Bank of the Russian Federation, who pointed out the sufficiency of evidence of the bankruptcy of the organization in the case materials.
However, the republican Prosecutor's office and arbitration did not agree with the representatives of the Central Bank and the DIA (which previously performed the functions of the interim administration). Experts, as the representative of the prosecutor's office pointed out in court, had previously established the fact that the financial requirements imposed on the organization were unreasonable. The revealed value of assets may be greater than the size of real liabilities. Thus, the recognition of bankruptcy of NSG – Rosenergo was refused.
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