As found "Vedomosti", the firm First Deputy Prime Minister Igor Shuvalov and his wife owned more than 10 000 sq. m of office space in the hotel "Moscow". Before them was the owner of the offshore company, possibly connected with Suleiman Kerimov, and now the owner - manager Shuvalov.
It began with the fact that the Federal Antimonopoly Service said on Wednesday: it allows the Company "KSP Capital Asset Management" to buy 100% of OOO "Business Center". Warning of "Vedomosti" has attracted the address where registered "Business Center" - Okhotny Ryad, 2; there is a multifunctional center "Moscow Hotel".
According to the Unified State Register, "Business Center" owned by 10 257 square meters. m on floors 5 to 10 minutes (excluding parking spaces). The site of "Moscow" indicates that there are offices, the area which is a little more - 11 100 square meters. m. "Given the location of the object is unique," director of CBRE offices Elena Denisova estimates Q1. m $ 10 000-12 000. That is, the "Business Center" is worth at least $ 100 million.
According to SPARC, in August last year, the owner « Business Center "was sold to OOO" Public Assets ", which, in turn, belongs to the First Deputy Prime Minister Shuvalov and his wife Olga (they have 49%). As Shuvalov were the owners of offices close to the Kremlin?
Who is the buyer
On this question, "Vedomosti" said Sergei Kotlyarenko - chairman of the board, "PCB capital": in this group of companies includes the new owner of the office, "Business Center", said in a statement Antimonopoly Service, as well as PCB stands for: Kotlyarenko Sergey Pavlovich. The businessman explained that manages the assets of the Shuvalov family and decided on the purchase of "Business Center" company "Open Assets", but then I realized that the asset is not entirely consistent with the strategy chosen for the investment Shuvalov. "Business Center" has returned to the former owner. And then the company owned Kotlyarenko acquired "Business Center" for its subsequent packaging in mutual funds and offers several portfolio investors shares of the fund.
As the first vice-presLEP, even temporarily, it becomes the owner of the asset at $ 100 million, the question of who the seller acquires additional relevance. Kotlyarenko seller refused to name. The SPARK previous owner listed Cypriot Garipas Holdings. Cyprus registry shows that before its director was Sergey Kalugin, who has long worked for the businessman Suleiman Kerimov - the company "National Cable Networks" and "National Telecommunications". Garipas named as the owner of television channels, were part of the "National Telecommunications". Kalugin, now the president of "Rostelecom", he said "Vedomosti" that after so many years does not remember who owned Garipas.
Kerimov - one of the owners "Dekmos" company, which owns the hotel "Moscow" (its project partners -Arkady Rothenberg and Mikail Shishkhanov). The decision to sell "Business Center" hosted "Dekmos" informed "Vedomosti" Tatiana Bashmakova - former CEO of "Nafta Co." (controls assets Kerimov).
Kotlyarenko told & laquo; Vedomosti "that Shuvalov familiar with ever since as he practiced law. Kotlyarenko was a student when he came to the law firm where Shuvalov worked as the director. Shuvalov then invited him to work in the administration of the Russian president. In 2004 Kotlyarenko left the civil service and started his own legal business. After a break in communication in November 2007, Shuvalov asked him to take his family affairs - Kotlyarenko involved in the management of offshore companies spouses Shuvalov.
Last year, Shuvalov decided to transfer the assets in Russia. "When Shuvalov and his wife realized that it would be adopted by the federal law banning for civil servants to have certain assets abroad, - says the press-secretary of the first vice-premier Alexander Machevsky - they issued a warrant lawyers for transfer of financial assets in the authorized Russian law assets. They were given a general power of attorney is to establish a legal entity required for such transfer in Russia. For this authorization, our lawyers have created two legal entities - "Public Assets" and "Owl Terraced Houseestate. " They repeated the same structure that was in Shuvalovs abroad. The first structure - something like the investment fund, has assets. The second - the entire family estate. " According to SPARK, both companies have Shuvalov and his wife on 49%.
Both companies operates Kotlyarenko. He stressed that the company was originally established on the basis of trust management and reflected in the registry that manages them his "PCB capital." "Shuvalov is not the only group of my client companies. In the management company about ten only significant customer in the law firm of their number is much larger. According to the contract of trust Shuvalov and his wife, management can not interfere in the operational management and have no idea what kind of securities purchased at their means. In addition, their funds are not invested in companies that could somehow be related to his administrative resources, but only in those assets, which exclude the possibility of influence "- says Kotlyarenko.
Is it lawful
But there are no violations of the law that Shuals, being a civil servant, was the founder of the commercial companies?
"In Russia, it is impossible to establish a legal entity, without signing the founding documents - Machevsky explains. - So the only thing that Shuvalov did - signed documents on creation of legal entities. But in the statutory documents of the legal entities from the first day it was written that they act on the asset management process and return control to the founders themselves are only a certain procedure and only if it is consistent with the law. Thus, since the establishment of these legal entities have Shuvalov had no right to manage and dispose of these assets. This involved "PCB capital." According Machevskogo, the results of the "Public Assets", which are designed to make a profit, Shuvalov can receive information once a year, in December, - and, consequently, to decide on the distribution of dividends. "Owl property" does not aim to make a profit, so there is a more liberal regime.
Kotlyarenko also believes that all legally: "The Constitutional Court does not consider deyatelnosbe shareholders of the business. The ban state employee does not engage in entrepreneurial activity means the prohibition of establishment of their business entities subject to immediate transfer of interests in a society in trust. "
The opinions of lawyers on the subject were divided.
Civil servants can not be founders of commercial companies, according to lawyer Henry Reznik, a lawyer and "Hrenov and partners" Dmitry Lobach. "I understand that today's anti-corruption concept, registering a commercial firm, an official becomes a participant, it imposes on it the imprint of interest", - says partner Paragon Advice Group Alexander Zakharov.
Separately, the issue of establishing civil servants legal entities not registered in the legislation, says partner "Egorov, Puginsky, Afanasiev and Partners" Andrey porphyry. On the one hand, civil servants is only allowed to engage in scientific, artistic and educational activities, if it is paid, but on the other - the fact of the establishment - is not "paid work". Another problem: article 10 Zakon anti-corruption is a direct indication of civil servants to transfer assets in trust, and article 12.3 of the same law - send them only when a conflict of interest or its threat. According Porfir'eva if the Trust Deed was signed immediately after the registration of the enterprise, then there is no violation.