The arbitration of Moscow will consider the claim NPF «the Future» to the Bank «trust»

© RIA Novostius trust Bank in Moscow. Archival photoThe arbitration of Moscow will consider the claim NPF «the Future» to the Bank «trust»© RIA Novosti

The Moscow arbitration court on Friday will consider the claim of the non-state pension Fund «the Future» to recover from the Bank «trust» of about 12.6 billion rubles of losses associated with the depreciation belonging to the plaintiff shares of the Bank «FC Opening».

According to the plaintiff, which owns a 4.1% stake in «Opening», the loss occurred to him due to the fact that «trust» is not sent to him as a minority shareholder of a mandatory offer to purchase shares. According to the representative of the claimant, the proportion of «Trust» in the «Discovery» exceeded 75% the day before the start of rehabilitation «Open», namely 28 August 2017, then the obligation in the direction of offer to minority shareholders.

As previously stated the representative NPF «Future» in court, in case of receiving such offers SPF could receive your package more than 12 billion rubles or even more, if the purchase of shares from other shareholders was made at a price higher than the market. Instead, as noted by the plaintiff, in connection with the reorganization of the capital «Opening» was reduced to 1 ruble, and the package «Future» was the cost, respectively, 4 cents. In its lawsuit, the NPF needs to recover from «Trust» the damages caused by the lack of an offer to purchase the shares of «Open».

The defendant earlier said in court that «trust» strongly disagree with the stated requirements. According to him, the obligation to make an offer to the Bank arose. In addition, there are grounds for refusal in the claim in connection with a substantial change of circumstances, and based on judicial practice. As explained by the representative of the Bank, the courts in such disputes support a different mechanism of protection of the rights of minority shareholders. In particular, actions of the dominant shareholder exceed the threshold value are not counted in the vote only after the agreement do not agree with the buyout, the minority shareholders can claim damages or to establish fair prices.

At the meeting in August the representative NPF «the Future» stated that the plaintiff sent to the defendant’s proposal for settlement of the dispute. The representative of the defendant pointed out that he didn’t know about it. At the meeting in October, the parties have not discussed the issue of peaceful settlement of the dispute.

NPF «the Future» is part of financial group «the Future», which was established in 2016 to unify the management system of the NPF member O1 Group Boris mints. The group also includes the Fund «Telecom-Soyuz», «Education» and «Social development». O1 Group in September announced that she owned FG «Future» and O1 Properties, which owns a portfolio of 15 business centers in Moscow, moved to Cyprus Riverstretch Trading & Investments Limited.