Sberbank offers a «Dry» world of dispute 14 billion rubles, write media

© RIA Novosti / Ramil to Setdiscoverable in photomontages savings Bank. Archival photoSberbank offers a «Dry» world of dispute 14 billion rubles, write media© RIA Novosti / Ramil to Setdiscoverable the image Bank

Sberbank has sent AHK «Dry» and the Moscow Prosecutor’s office draft settlement agreement on a dispute over optional transactions that brought the company a net loss of 13.5 billion rubles, wrote the newspaper «Vedomosti» with reference to the text of the document and a source close to the «Dry».

The Moscow Prosecutor’s office in interests of the Russian Federation represented by the Federal property management Agency in September 2016 has filed a lawsuit demanding to annul the prisoners in 2013-2014, the transaction deliverable currency option between Sberbank and the company «Dry» for a total of about 13.5 billion rubles. In the Arbitration court of Moscow Prosecutor’s office demanded to recognize the void five transactions between Sberbank and Sukhoi aviation holding company.

The company in 2013-2014 has signed with the Bank five transactions deliverable currency option with a barrier condition. One of the conditions of transactions with the growth of the dollar above 40,25 ruble «Dry» has undertaken to sell Sberbank currency at the exchange rate of the ruble 28,30 for a total amount of 248,4 million dollars («the currency amount to buy»), it follows from a settlement agreement.

The Bank offers «Dry» to pay the entire amount within two years in rubles at the exchange rate applicable on the third working day after the agreement enters into force. At the exchange rate on 28 Aug 2017 which is about 14 billion rubles. This amount will not accrue interest and «Dry» may extinguish it prematurely. In turn, according to concluded transactions, the savings Bank will pay the «Dry» 7.8 billion roubles («amount of currency for sale» given the already deducted amount to 844 million rubles). Possible set-off those amounts at the request of the parties.

While the settlement agreement assumes that the parties have to each other claims, including claims related to the presence or absence of delay of execution of obligations on payment of penalty and interest on borrowed money. The representative of Sberbank declined to comment. The representative of «Dry» have not answered inquiry of the newspaper.

The settlement agreement is advantageous especially for Sberbank, but «Dry» can accept the proposed terms, because the first judiciary practice on such Affairs is not in favor of the Bank’s customers, says the managing partner of legal company Art De Lex, Dmitry Magonya. Last week the savings Bank has won the «Transneft» in the appellate court the case on the merits at 67 billion rubles. On the eve of the meeting, the savings Bank also offered the monopoly the settlement agreement. After the court decision under the claim of «Transneft» the odds are the claim of Prosecutor’s office of Moscow in the savings Bank are significantly reduced, says the lawyer Saveliev, Batanov & Partners Sergey Konovalov.

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