the Russian market of real estate and construction added another surprising fact: apartments in the residential complex “Pirogovskaya Riviera” sell the people sitting in prison. About it reports the edition “New news“
the Builder of the residential complex “Pirogovskaya Riviera” (Sz, OOO Contortinist””), famous in connection with the ongoing media reports on the capture of a major construction holding company Ilgar Hajiyev, LLC “SDI Group” (subsidiary legal entities are building residential property with an area of 669 thousand sq m), out of control the majority of the founders and continues to sell apartments while in prison.
In the latest agreement of equity one-bedroom apartment in LCD “Pirogovskaya Riviera” received in the sales office of the Builder, the seller of the housing acts of Sz, OOO Contortinist””, and the signatory on behalf of the company – General Director Nikita Danylchenko, dismissed the majority of the founders (jointly owned 70% of the share capital) at the end of April 2019 and now is detained and the decision of the Kuntsevsky court of capital taken into custody. This was reported online edition “Nepravda”. He is suspected of a serious crime against the person.
In early June, 2020, the community of real estate investors “Pirogovskaya Riviera” in the social network WhatsApp, reports surfaced that the developer has resumed the procedure of registration of ownership of the premises in rented buildings of the residential complex. Member of the group has published a fragment of the contract of purchase and sale of apartment, signed by the ousted CEO. A study conducted by non-judicial experts from CSC-the Expert by order of a majority of the founder OOO “Stil” (owns 51% of the share capital of “Sz “Comparativist””), established stable signs that this signature is made by another person, i.e. was probably a fake.
In the editorial office was the payment order about transfer of the loan in the amount of 95 million rubles from the account of the developer in the address of a JSC “ACT”. On the same day the loan in the same amount in the address of the same JSC “ABT” already issued by another company – OOO “Akkord” Spetsstroy, the General contractor of construction of residential complex “chord. Smart quarter”. This residence is the second housing project of LLC “SDI Group” holding, the control of which, according to Ilgar Hajiyev, he lost in February 2019.
So what happened to the loan granted to Sz, OOO in Contortinist””? Perhaps this transaction was blocked by the Bank because article 18 of the law № 214-FZ “About participation in share building of apartment houses” of the operation to withdraw funds from the account of the developer is strictly limited by law and loans in the allowed list of operations is not included. If the contract loan at the specified amount within the purview of the Director, or he had to be consistent with the founders? If the latter, then it is doubtful that such a deal had been agreed by the founders.
Soon after these events, the legal owner of Sz, OOO Contortinist”” Ilgar Hajiyev (of 18.57% of the capital belongs to the person, and 51% controlled by OOO “Stil”) was removed Danilchenko from the position of CEO, and the owners of the largest shares of the society has appointed Regina Ermakova.
soon, However, the founders faced numerous difficulties in the legal registration of its decisions. First, register the appointment of a new head has been suspended in connection with the enforcement of the loan, the co-founder, AB Imanilov. He owns 30% of the share capital of the company.
According to court documents, albert Imanilov borrowed 4.5 million rubles. Emil Zohrabova, and the one through the court asked to enforce the loan Imanilov a share in the Charter capital of “Sz “Comparativist””. A lawsuit from Zohrabova enrolled in Odintsovo city court of Moscow region simultaneously with the procedure of re-registration the Director-General.
However, on 9 September 2019 judicial Board on civil cases of the Moscow regional court cancelled the relevant definition (of the ban on registration of changes in EGRUL), the earlier of the Odintsovo city court of Moscow region, recognizing interim measures one of the ways of getting third parties of corporate control over the “Compartimientos”. This turnover is a legal synonym of the term “raiding”.
in addition, the Collegium of the Moscow regional court stated that the judge of Odintsovo city court did not have legal and factual basis for acceptance of the claimed security measures and drew attention to the fact that the parties ‘ contractual jurisdiction in Odintsovo city court does not correspond to any real economic and legal content. Later, the definition of court of the Moscow region was also confirmed by the cassation court of General jurisdiction in Saratov.
And yet the entry of the change of CEO in the state register have not been made. 5 Dec 2019 Interdistrict IFTS of Russia No. 46 of Moscow made a decision on suspension of state registration pursuant to the resolution on the prohibition on Commission registration action from the office of the Federal bailiff service for Moscow’s southeastern administrative area. The latest was issued by the FSSP on the basis of the Executive production № 417667/19/77056-IP bailiff A.V. Petrov. The Bank of the Executive proceedings of the Federal bailiff service us a document with these details could not be found.
Thus, the owner claims that actually lost control over society, and f��chichasha was directed by sacked a top Manager, who soon turned out to be physically removed from the ability to control the legal entity.
According to the newspaper www.newia.ru in the actions of responsible persons of the Builder Sz, OOO Contortinist”” the police can see the crime, for example fraud, says Artem Antonov, a lawyer from the Association “Moscow legal center”.
He predicts difficulties in obtaining documents on the right of ownership to the buyers under the transaction after the order on change of the General Director of the company.
the Founder of Sz, OOO Contortinist”” Ilgar Hajiyev, who is now in London, responded to our request. “As the owner, even if excluded from management, I am of course interested in the fact that it sold as many apartments as in that again to get their hands on control over developers Pirogovskaya Riviera and other legal entities and legal entities controlled by me to construction sites in the LCD “Warnaco” and an “accord. Smart-quarter,” – said Hajiyev. – Because I left Russia at a time when all buildings were in fact already built, and it remained only to “skim the cream”, that is profit.”
“But how can a Builder with experience, I can not know what the consequences for homeowners could lead such schemes. But it is especially insulting that their future problems in the absence of visible perpetrators of them people will unwittingly identify with my name,” concludes Ilgar Hajiyev.
the head of the legal company “Law” Denis Mitrofanov is convinced that in the circumstances the Builder legally has no right to take the funds of shareholders and owners and to dispose of them. “If the content is in jail the CEO in theory it is the legal restrictions on the activities of society because of the power of attorney, for example, although me about these episodes is unknown, the decision on the dismissal of the founders is precisely the obstacle to the implementation of activities”, – thinks Mitrofanov.
