The Office of Public Prosecutor has legal proceedings with joint-stock company “ Space “
Yesterday the Moscow arbitration court has refused the claim to Office of Public Prosecutor of Moscow to Moskomimuschestvo and joint-stock company “ the Hotel complex ` Space ` “ about a recognition void constituent documents of this society and the decision of Moskomimuschestvo on privatisation “ Space “. According to Office of Public Prosecutor, hotel privatisation has passed contrary to interests (and to wishes) hotel collective, and also with current legislation infringement. Though, according to experts, the position of Office of Public Prosecutor - the claimant on this business was very convincingly motivirovana, the court has refused to it the claim, yet motivirovav refusal.
on September, 25th, 1992 at the conference collective “ Space “ has accepted the privatisation plan. The collective has decided to be privatised by the second variant of the Law “ About privatisation of the state and municipal enterprises... “ and the privatisation program on 1992 which provides that 51 % of actions can be redeemed labour collective, and the others - are sold through auction.
however on October, 30th, 1992 the Moskomimuschestvo has transferred in registration chamber for registration other plan of privatisation - prepared by administration “ Space “. In opinion Office of Public Prosecutor, this plan has very strongly infringed upon interests of collective of hotel - to collective transfer only 1,7 % of actions has been provided.
offered by administration of a hotel complex the privatisation plan leans against the first variant from the Law “ About privatisation... “. In the law it is provided that to 25 % of actions of the privatised enterprise can be transferred collective of gratuitously, 10 % of actions is on sale to collective on favourable terms, the administration, and the rest - on auction can buy 5 %. However the administration has considered the privatisation Plan in Russia for 1992 according to which the collective cannot receive actions free of charge for the sum more than 6 their monthly salaries, while for administration this “ a ceiling “ makes 2000 salaries. And as at new joint-stock company the authorised capital already in 3,5 mlrd roubles has been provided - 1,7 % of actions were transferred to collective only.
having learnt about it, the collective has considered itself plundered and has addressed in Moskomimuschestvo and the Moscow registration chamber with the request to brake nachalstvennoe aktsionirovanie. However on November, 30th, 1992 the chamber has registered a society “ the Hotel complex ` Space ` “.
the Representative of collective “ Space “ has declared to the correspondent that nachalstvennyj the privatisation plan at which the collective loses a controlling interest of a new society, categorically does not suit collective which very much is afraid “ The new owner who was buying up a controlling interest at auction “. The indignant collective has addressed in Office of Public Prosecutor of Moscow which has brought an action the claim.
according to Office of Public Prosecutor, the administration has illegally ignored the decision of conference of collective. Besides, according to the representative of Office of Public Prosecutor, the registration chamber had no right to register a society and under the Law “ About a competition and restriction of monopolistically activity in the commodity markets “. The matter is that at the moment of registration there was no permission of antimonopoly management of Moscow (and the permission is necessary, as the joint-stock company authorised capital “ the Hotel complex ` Space ` “ exceeds 50 million rbl.) . This permission has been received, but, according to Office of Public Prosecutor, only in January - that is it is illegal.
representatives of the respondent have declared in court what to confirm the privatisation plan conference, and collective meeting should not. Respondents also asserted that the official participated in preparation of documents for society registration from antimonopoly committee, proxy to sign the permission to registration. According to experts, this lame excuse for registration of joint-stock company without the permission of antimonopoly committee. The court, probably, considers differently - it has refused the claim. The motivirovannoe decision on business will prepare court in a week. Will inform on it on April, 10th.
OLEG - STULOV