“Moscow plant Kristall” may be replaced by a co-owner, found . Since the beginning of March 2016 in Russian courts, there is debate between Valery Yakovlev, who through the company’s “Fork” and “Samostroy” owns 38% “Crystal”, and the creditor companies to whom the shares are pledged. The rival Yakovlev in these disputes — Cyprus company Addison Investments Ltd., associated with a group of billionaire Coalco Vasily Anisimov (No. 56 in the ranking of the richest Russian businessmen, Forbes c $1.2 billion). One of the variants of development of the litigation — transfer of shares from firms Yakovlev Cyprus company. However, the stock is located in the center of the proceedings, arrested by the court, the source close to Anisimov, claims that he just wants to get their money back.
Who controls the “Crystal”
OJSC “Moscow plant Kristall” — a legal entity previously the largest Russian company-the manufacturer of vodka. According to SPARK, the largest shareholder “the Crystal” with a share 57,06% is the Moscow open company “Dialogue”. The beneficiaries of this company are not disclosed: it belongs to the Cypriot Rogen Enterprises Ltd., which in turn is owned by a British virgin Islands Selton Industries S. A. As shown by the investigation, the company “Dialogue” associated with the structures of the family of the owner of SMP Bank Arkady Rotenberg. A majority of the Board of Directors of “Crystal” are the managers of the company “Inevi Engineering”, owned by the son of Arkady Rotenberg Igor. 38% “Crystal” — the companies Valery Yakovlev. The owners of an additional 4.9% of the “Crystal” in the financial statements of the company are not disclosed.
Valery Yakovlev appeared on “the Crystal”
Businessman Valery Yakovlev who made his fortune on the production of alcohol and sold in February 2016, its distilleries of the state company “Rosspirtprom” has become co-owner of “Crystal” in July 2014. Yakovlev interest to the company associated with the developer project, which was to be implemented at the site of a former distillery in Lefortovo (the production made in the suburbs, see incision). Under development project was established the company “Crystal building”, incorporated by “Dialogue” and “Kamerton” (60% and 40% respectively). 9 hectares, which occupied the plant, were purchased by “Crystal” in the property. At the time of purchase of two plots of land under the plant of their cadastral value was $ 2,029 billion rubles, taking into account the benefits of “Crystal” paid for the land about 460 million rubles, stated in the financial statements of the company.
To implement the project was the development company Valeriy Yakovlev “krays development”. It was planned that the developer will build 130 thousand square meters of housing and infrastructure in the loft style. The project investment was estimated at 4.5 billion rubles ($125 million). A competition was held for development of the architectural concept of the new quarter. However, at the end of 2015, the project was frozen, said a source at the plant “Crystal”. The official website of “krays development” is not updated from mid-2015, contact phone number, specified on the website, not in service. “They had a big office at the plant, but somewhere in the end of last year they moved out to the ends,” said the CEO of a small company who rents the office “the Crystal”.
Action against money
As of summer 2015 Cyprus Addison Investments Ltd., representing the interests of Anisimov’s Coalco, gave the East European distribution company (UEDC) three credit — $22 million, $20 million and $25 million, said a source close to the lender. The first two loans, he said, were issued before the owners WEDC steel structure Yakovleva. WEDC Anisimov was founded in 2009 (then he in short time became the owner “the Crystal”), but who was its owner in mid-2015, is not known. In January 2016, it was announced that WEDC, by that time, lost contracts with “Rosspirtprom” and the owner of the brand “Putinka” — its best-selling vodka, was sold to Andrey Markov. A month later the owner WEDC became Vladislav Kopylov. According to the newspaper “Vedomosti”, and Markov, and Kopylov, the managers Valery Yakovlev.
The last loan Addison Investments Ltd. WEDC issued after the change of ownership of the company secured 38% of actions “the Crystal”, said the source. It was a financial transaction, all loans were issued at good interest rates in order to earn, he says. However, according to him, if the first two loans successfully repaid, the loan for $25 million Addison got back only about $11 million WEDC in January 2016 was re-registered from Moscow to Tula, and on March 15 filed a complaint to the IRS about its own elimination.
Now the goal Аddison Investments Ltd — in a judicial order to return the remaining money or to recover collateral source says . Anisimov, however, is not interested in “Crystal” and only wants to return the money, says a source close to the businessman.
However, before claims Addison Investments Ltd Yakovlev seems to have started the game on pre-emption. In early March the company “Corso”, perhaps related (as it is — see the insert), has filed two lawsuits to recover the debt in 1,5 billion roubles from the companies “Fork” and “Samostroy”. And demanded to arrest-owned companies shares of the “Crystal”. Other property and assets of the companies there, so if during the litigation of the action “Crystal” will be replaced by the owners, then the debtors will have nothing to take in case of satisfaction of claims, explained in the documents.
As Yakovlev is associated with “corzo”
LLC “Corso” requires repayment of the debt is collectively 1,58 billion rubles from companies “Kamerton” and “Samostroy”. As follows from the case materials, the right to claim the debt “Corso” arose under the assignment agreement (assignment of rights) from the previous creditors of “Samostroy” and “Fork” companies “Stroysiti” and “interfinans”. Previous lenders are also related to Yakovlev. He is the co-owner — with a share of 48.2 per cent of the company “interfinans”. And the owner “Stroysiti” Pavel Ovsyannikov is also the founder of the company “Coventor”, which previously belonged to the Tula distilleries “absolute” and “Etalon”, the beneficiary of which was previously Yakovlev. Registered in March 2015 the company “Corso”, according to SPARK, owned by Oxana Petrova. She was the founder of the company “Zernoresurs” that supplied the grain for the distilleries Yakovlev. The office of the “Corso” is located in the business center “Moscow”, which registered multiple companies, previously owned by Yakovlev. One of them is eliminated in 2014 LLC “Almagest” was registered even in the same room, and “Corso”.
Initially, the court seized of the action. Later, upon the request of the Cypriot Addison Investments, the arrest was cancelled. After the withdrawal of the arrest of shares of “Cristall” company Yakovlev and personally, the businessman gave to Addison Investments in total eight claims with the requirement to recognise the contract of pledge of actions “the Crystal” null and void and to restore the arrest of actions “the Crystal”. According to Yakovlev, the pledge agreement was signed by the employee “Samostroya” by Anastasia Dolnikova without notice and the notification of the owner of the company, that is him, appears from court documents. Yakovlev insists that he learnt about the fact of requirements to Addison Investments “samostroy Samostroy” as the provider on the outstanding credit facility in March 2016 and required to seize the shares. Again, the court arrested the shares, proceedings are ongoing.
Contact Yakovlev failed. Phones, is designated as a contact in the system for SPARK in companies Yakovlev, were either switched off or were answered by people who know nothing about the existence of such companies and a businessman. Representing in courts interests of Addison Investments lawyer Philipp Ryabchenko said that his client does not want to make any comments.
According to the senior lawyer of the firm BMS Denis Frolov, Yakovlev does not have many chances to challenge the pledge of shares in Cyprus companies. “If the other side can prove the existence of a relationship between having access to credit VEDC and gave a pledge of shares of “Crystal” “Surestream” and “Fork”, then the plaintiff would be extremely difficult to prove that he was not aware of the terms of the deal,” — said the lawyer. According to him, it is obvious that now before Yakovlev, the task is to seize the shares, preventing their disposal until the end of all trials and win thus time.
Managing partner of law firm “Losev and partners” Vyacheslav Losev, on the contrary, believes that Yakovlev has a chance to challenge the pledge agreement, if he did not consent to its conclusion. According to the law “About societies with limited liability”, any major transaction entered into by the company, must obtain documented approval of Yakovlev as the sole member of the company. “There is a judicial practice of recognition of transactions invalid due to the absence of such a document”, says Losev.
Who is Valery Yakovlev
About businessman Valery Yakovlev, in February sold “Rosspirtprom” has its distilleries, is little known entrepreneur is a person non-public, never gave interviews, and responses to requests from journalists broadcasts through their representatives. However, in the market Yakovleva know well: since the mid-2000s his company “Direct-holding” from Voronezh was the largest mediator between the producers of vodka, those in need of alcohol, and large distilleries. In 2008, Yakovlev started to buy distressed ethanol assets: the share of factories in Tula, Kursk and Novosibirsk oblasts — were in bankruptcy, the factories in North Ossetia and Kabardino-Balkaria are faced with the problem of renewal of license, indicated by “Vedomosti” in November 2014.
Where now bottles of vodka “the Crystal”
The production capacity of the “Crystal” in 2013 moved to the village of Korystova Kashirsk district of Moscow region. In 2015, the “Crystal” almost didn’t work — according to Rosstat, the company produced 1.9 million liters of vodka and strong liqueurs (for comparison, owned by the company “synergy” Moscow plant “Tradition of Quality” made for the year to 31.1 million liters of vodka). This was due to the expansion of production capacity of the plant, said an employee of the company. According to him, alcohol production has restarted at the end of last year: “Work normally, the plant has a lot of orders”.