One-percentage successAs it became known, the Arbitration appeal court of St.-Petersburg has nullified an exception of structure of participants of Open Company “ Liviz “ Gennady Mosenkova - one of 11 shareholders, whose suit with administration lasts the seventh year. Thereby the court actually recognised for mister Mosenkovym the right to apply almost on 1 % of actions of present Joint-Stock Company “ Liviz “. Experts have estimated market cost of this package approximately in $3 million With details - MARIA of Shevchenko.
we will remind that suit minoritariev with a management “ Liviza “ has begun even in the summer of 1998. Then at general meeting of shareholders of Open Company “ Liviz “ the question on transformation of association in Joint-Stock Company with the same name was solved. By a majority of votes shareholders have approved this decision, and not consent have excluded from structure of participants of association. Minoritarii from among the former workers likero - vodka distillery have decided to appeal against against the meeting decision in court. Michael Baryshev who and up to that moment represents interests of minority shareholders of the enterprise in courts of various jurisdiction has headed a protest action. “ we want, that the decision on our exception of structure of participants of Open Company has been nullified. Besides, we consider that Joint-Stock Company creation ` Liviz ` and its existence all these years - are illegal, as the association has been transformed with infringement of the rights of its participants “ - Michael Baryshev confirms.
Only in April of current year to shareholders “ Liviza “ it was possible to convince court of the first instance of the correctness. And in the end of June, 2005 Already arbitration appeal court of Petersburg recognised as illegal an exception of one of shareholders - Gennady Mosenkova - from structure of participants of association “ Liviz “. Thus, now it can apply for a part of actions of Joint-Stock Company, proportional to its share in Open Company. At the moment of an exception of Open Company mister Mosenkov, as well as other 11 excluded shareholders, possessed 200 shares of a society. In recalculation on present actions of Joint-Stock Company it is 200 actions “ Liviza “ or nearby 1 % of all company, which controlling stock is in hands at known Petersburg businessman Alexander Sabadasha.
According to lawyers, the former shareholder “ Liviza “ can achieve occurrence in structure of shareholders of the company. We will note, also, that to its example can follow and the others minoritarii. Thus even the small package will give them access right to the information on financial and other activity of Joint-Stock Company. “ minority shareholders can watch activity of controls of a society, submit the judicial claims challenging the decisions of majority shareholders “ - Dmitry Afanasev, the partner of lawyer bureau " ascertains; Egorov, Puginsky, Afanasev and partners “. Lawyers also notice that if under such claims the court imposes obespechitelnye measures, for example will forbid to make large transactions, Joint-Stock Company activity can be destabilised.
on “ Livize “ however, say that never were going to deprive minoritarija of actions. “ we never applied for actions of mister Mosenkova. Its package is written down on balance of a society and waits for the owner “ - Yury Loktionov, the councillor of directors of Joint-Stock Company " has declared; Liviz “. Thus mister Loktionov does not hide that during Joint-Stock Company proceeding time and again suggested the claimant to conclude the agreement of lawsuit. By words a top - the manager, the company management repeatedly offered eks - to the shareholder and a variant of the repayment of a package due to it, but every time met unmotivated refusal. “ it each time put forward new claims and refused to make a compromise “ - Yury Loktionov confirms.
the Sum which the company offered for actions, mister Loktionov has refused to name, as well as to inform, whether such decision of the conflict was offered to its other participants. The representative of mister Mosenkova has informed that a management “ Liviza “ suggested to sell actions at the price of $100 for a piece, having estimated, thus, the share holding of the enterprise belonging to mister Mosenkovu, in $20 thousand If it is valid so unwillingness minoritarija to sell actions easily to understand: after all volumes of business of Joint-Stock Company “ Liviz “ allow experts to estimate an one-percentage share holding of the company in the sum of an order $3 million It is known also that though in practice minoritarijam practically never it is possible to receive the desirable sum for the package, some of them are ready to continue the auction with majority shareholders indefinitely.