Bankruptcy case of NPO Sibselmash. Using the bankruptcy of an organization to counterfeit securities and carry out fraudulent activities. Leader's actions: consequence, punishment.
Interesting material this time was published on RBC (https://nsk.rbc.ru/nsk/02/03/2019/5c7a2c739a79475ed4cba671?from=from_main)
The protracted case against the former director of NPO Sibselmash, Oleg Utiralov, has finally been completed. Recently, the district court of the Oktyabrsky district of the city of Novosibirsk sentenced the former leader to five years probation and a fine of 500 thousand rubles. The same decision was made for Andrey Shmakov, General Director of CJSC SibTransUgol. Earlier, Utiralov and Shmakov were charged under two articles, fraud and forgery of securities, but after a series of court hearings, they were charged only under the article fraud on an especially large scale.
Oleg Utiralov was the head of NPO Sibselmash from 2004 to 2007. According to the investigating authorities, after it became known that the bankruptcy proceedings of the enterprise had begun, Utiralov used the forms of the organization's bills of exchange remaining with him, entering the SibTranUgol company, which belonged to Shmakov, into it. Later, the company was liquidated, and the right to claim the bills passed to Sibstroy, which is controlled by Shmakov and Utiralov. Thus, the debt to Sibstroy in the amount of more than 100 million was included in the register of creditors of Sibselmash.
NPO Sibselmash began its history in 1929, gradually becoming the largest manufacturer of special equipment, and during the Second World War, the plant was engaged in the manufacture of shells. Despite the growth in revenue, the association found itself in a debt hole, for some reason the company has not paid taxes since 1997, thereby forming a colossal debt to the state. Payments to the tax service reached 6 million quarterly. As a percentage, 32% of all debts of the organization are related precisely to taxes, other creditors are the mayor's office, trading house NPO Sibselmash, LLC Gormash. In 2012, the company launched bankruptcy proceedings. The initiators of the process were the united contractors, to whom the plant owed 3 million 923 thousand rubles. The association has about 100 hectares of land, real estate area of 464.8 thousand square meters. With these assets, the company gradually covers its debts by leasing them out. The bankruptcy trustee is also considering the option of selling them for the creation of an industrial park. The current owner of the full stake in Sibselmash, Rostekhnologii, as well as the city administration, support this idea and are ready to assist in this matter in every possible way. While the association continues its work as usual.
Comments:
Sometimes it seems that most bankruptcy cases have a criminal component. Either the controlling persons are involved in the commission of crimes, or the creditors are trying to use dirty methods, or the arbitration manager himself is "freaking".
Naturally, in such a situation, each of the participants in the action, not involved in crimes, would like to ensure at least equality in the available opportunities and eliminate the negative consequences that arise as a result of the commission of a crime. But here it is definitely worth noting that it is not always possible to deal with them by bringing the perpetrators to justice, and then the interested parties have to be proactive and use only civil law instruments.
But it is precisely about proactivity that one should not forget, and controlling persons are more attentive to the risk of individual operations and transactions.
March 06, 2019
David Glickstein
Please note that in 2018 the law firm Vetrov & Partners was marked by the industry rating of law firms Pravo.ru-300 in the nomination Arbitration Proceedings. This allowed us to enter the TOP-50 regional companies throughout Russia in this category.
In the event that your litigation or other dispute, contractual work or any other form of activity concerns the issues discussed in this or our other material, we recommend that you check and make sure that your legal position complies with the latest changes in practice and legislation.
We will be happy to provide you with legal assistance regarding the minimization of legal risks and available opportunities. We will try to find a solution that is right for you.
Call +7 (383) 310-38-76 or write to info@vitvet.com.
We recommend that you read our blog dedicated to legal and judicial cases (arbitration practice) and read the materials in the "Articles" section.
Our law firm provides various legal services in different cities of Russia (including Novosibirsk, Tomsk, Omsk, Barnaul, Krasnoyarsk, Kemerovo, Novokuznetsk, Irkutsk, Chita, Vladivostok, Moscow, St. Petersburg, Yekaterinburg, Nizhny Novgorod, Kazan, Samara, Chelyabinsk, Rostov-on-Don, Ufa, Volgograd, Perm, Voronezh, Saratov, Krasnodar, Togliatti, Sochi).
We will be glad to see you among our clients! Call or write right now!
Phone +7 (383) 310-38-76
Email info@vitvet.com
Law firm "Vetrov and partners"
more than just legal services
WhatsApp
Telegram