Rosneftegaz took somebody else's weapon

As a minoritary shareholder of Transneft, it demands confidential information.   
"Rosneft", whose leadership many years, sharply criticized the policy of active minority of large state-owned companies, she has adopted similar methods. As the "Kommersant", her maternal "Rosneftegas" bought five preferred shares of "Transneft", pipeline monopoly seeking from the same confidential documents on transactions in the past three years, and that it conflicts with UCP fund Ilya ShCherbovicha. "Transneft" refused, recalling how "Rosneft" she defended in the courts of such requests and actually reproached "Rosneftegas" in "corporate blackmail".

State "Rosneftegas" owning shares of "Rosneft" and "Gazprom", in early August, bought five preferred shares of "Transneft" through its subsidiary "Vostokgazinvest". Last for 26 of August, according to "Kommersant", demanded that "Transneft" to provide copies of documents for 2013-2016, including data on put- and call options as a whole at $ 9 billion to hedge the risk of strengthening the ruble and reduce the cost of care bonds. In this transaction, "Transneft" in 2014 has lost 75 billion rubles. Also "Rosneftegas" interested in politics and management of currency interest rate risks, approved in December 2011, documents with a list of all financial assets "Transneft" for 2014-2016, transcripts cash sums during this time and the internal documents establishing financial asset management mechanisms 2013-2016 years. In "Transneft" declined to comment.

In response, on September 7 Vice President of "Transneft" Mikhail Barkov, he sent a letter to the general director of "Rosneftegas" Gennady Bukaeva. It states that the requested information is not associated with the company receives dividends on "extremely insignificant" number of shares purchased directly before forwarding a request for "an unprecedented large amount of confidential documents."

In "Transneft" indicate that such an approach "Vostokgazinvesta" directly contradicts the legal position of other state-owned companies - "Rosneft" (which is a member of the board, Mr. Bukaev) - in the courts. Mr Barkov writes that when a minority shareholder of "Rosneft" Oleg Maples asked to provide a number of documents, the company insisted that the shareholder must be a legitimate interest in obtaining information, and its absence is regarded as an abuse of law. Mikhail Barkov refers to the arguments of Victor Yuzefovich who represented interests in the courts, "Rosneft" and personally to the head of the company Igor Sechin.

"Rosneft" and Victor Yuzefovich himself declined to comment. But the source "b" in the market, familiar with the position of the company, said that "incorrect to compare a minority shareholder who holds shares for visibility and for which it is not known who was behind, and the state-owned company, which owns strategic assets." According to the interlocutor, "Kommersant", albeit "Rosneftegas" and owns a minuscule package, but it is "absolutely transparent player" who will not abuse received from "Transneft" information. Source: "b" points out that "Rosneftegas" if you do not receive the required documents, may apply to the court, but "it would be very strange, given that the two companies with one shareholder."

Meanwhile, Mikhail Barkov said that a large part of the request "Vostokgazinvesta" word for word the same as the previously entered "Transneft" requirement UCP fund Ilya ShCherbovicha (which owns 71% of the preferred shares of "Transneft", 21.9% of the share capital of the company) and duplicates the list of requested them documents. The fund is suing the "Transneft", trying to achieve the increase of dividends on preferred shares, with the state-owned company is now being discussed payment of interim dividends for the first nine months of 2016 the volume of 58.9 billion rubles. Match requests from "Vostokgazinvesta" the UCP and "can not but cause a reasonable doubt in the presence of a real self-interest" Vostokgazinvesta "for information and indicates the possible unfairness of the society as a shareholder," wrote Mr. Barkov. In this regard, he said, "Transneft" in the actions of a minority shareholder sees "clear signs of corporate blackmail".

Lawyer Denis BGP Litigation Durashkin believes that minority shareholder can formally request any information, but the company has the right to refuse, citing trade secrets. "If the case is to consider the court," Transneft "to prove the abuse of rights by the minority shareholder, as did she," Rosneft "," - the lawyer says. He recalled that since January 1, 2017 the minority shareholder will need to have at least 1% of the shares to be entitled to request the documents, but as long as there are no such restrictions.