Czech Komercni Bank demanded that the developer "Clover Group" early repayment of 22 million. Euro due to the cessation of payments on the loan. The developer of the new LCD in the center of Kazan, said that the apartments are sold in rubles, and the loan was taken in euros, making it difficult to perform the obligations to the bank. Experts "Business Online» noted that the rigid position of the creditor who has achieved the arrest of property could be caused suspicion about the withdrawal of assets in anticipation of bankruptcy builder. MAJOR'S ARREST IN THE CENTRE OF KAZAN
The cold breath of the crisis knocks Kazan players on the housing market, one after another. Just last Friday we told his readers that the investigative committee said that a criminal case against Anatoly Livada, owner of the legendary group "background", sinking under the encumbrance of the multibillion-dollar debt to the Tatarstan branch of the Savings Bank of the Russian Federation and claims holders. A week earlier, a similar case concerning Rashit Aitova, host at least sign kompranii RT "Sway" capital, which is in a hurry to leave the borders of Russia (inthe company reported a planned treatment) ... Meanwhile, as it became known "Business Online», Eleventh Arbitration Court of Appeal in Samara recently ruled to seize part of the prestigious residential complex in the center of Kazan Clover House - a 26-storey triangular prism Shcherbakovskaya Lane 7, built on the site of the famous "Dawn" Kazan plant. According to court records and authorization to enter into service arrested more than a quarter of apartments - 111 of 399, two-thirds of parking spaces (132 of 194) and 97 non-residential premises.
Problems at Clover House arose because of the claims of the Czech Komercni Bank, which is part of a group of companies of the French Societe Generale - one of the largest banking conglomerates in the world. In 2011, the Czech bank granted a loan of EUR 30 million. For the construction of a residential complex, but later became suspicious in the contract for the sale of the developer of a large pool of apartments. Experts of our newspaper noted that such a harsh reaction of the bank could be caused suspicion about the withdrawal of assets in anticipation of bankruptcy - the developer a huge loan in euros, which after depreciationruble could become unsustainable.
Representatives of the developer - "Clover Group" - did not comment in detail on "Business Online» newspaper situation, but noted that the remaining is the arrest of apartments will suffice "to the activities of the sales department was carried out in full", and drew attention to the fact that the sale of all apartments unarrested continue. It is also reported that active negotiations with the bank about the resulting debt.
Let's try to calculate the value of the seized property. If we take the minimum price of apartments in the complex -... 3.8 million rubles, parking space estimated at 500 thousand rubles, and for non-residential premises to take a small office at the cost of 1 million rubles, will amount to 584 million rubles.. This is according to the most conservative estimates. However, this is not a substantial sum pales in comparison to the size of the bank's claims:. 22 million euros at the current exchange rate - about 1.6 billion rubles..
Note that from the decision of the arbitration it implies that in the house of the contested "pool" of real estate have already been sold to third parties 33 apartments, 2non-residential premises and 28 parking spaces. They arrest does not apply.
The developer said "Business Online», that the seizure of property will be appealed. RETURN 1.6 BILLION!
The reason for the arrest was the fact that the developer has ceased to make payments on the loan, the Czech Komercni Bank demanded to make early payment of the remainder of the loan. This was announced at a meeting of the Arbitration RT court, where Komercni bank disputes the sale of a large pool of the apartments of the residential complex between the LLC "Megapolis" (the developer of the complex, part of the "Clover Group") and certain of "Scherbakovsky Park" . As was made at the trial, according to the bank's data, in two transactions (contracts of a joint construction) the rights to the apartment in the amount of 1.2 bln. Rubles, which was supposed to receive "Megapolis". However, the payments are not made for the loan. Now one of the disputed agreements. The developer claims that the second agreement between the same parties has transferred the rights to "15 - 20 non-residential premises", the bank, apparently, ready to servebe a separate lawsuit on the matter. Note that by circumstantial evidence, both belong to the company "Clover Group", but he denied the connection builder.
The fact that at the site known Kazan confectionary factory "Zarya" residential complex will be built, it became known in 2008. At the same time, and work began. However, as later told "Business Online» newspaper CEO "Clover Group" Alexander Popov, because of the crisis "is not something that we got up - slowly built." To give the project a second wind four years ago, a Czech bank issued a multimillion Eurocredit to continue construction of Clover House, which was then called "Clover Plaza». Signing of the agreement took place at the Tatarstan-Czech business forum in the presence of Prime Minister of Tatarstan Ildar Khalikov.
Note that, according to the resolution of the initial operation, the required construction cost of 31 million. Euro. The project declaration LCD from October 2014 stated that, according to the agreement with Czech bank, a credit line to 29.6 million. Euro, "as of October 2013 received 15.8 million. Euro." In NovemberD 2014 LCD has received permission to commissioning.
We add that the Clover House its altitude and shape in the form of iron caused a mixed reaction from residents of the city and in the built environment. Many, paying tribute to an unusual building, adding that he does not fit into the surrounding building and too dominates the historic center. The LCD provides underground parking for 194 parking spaces, office spaces ranging from 61 to 104 square meters. meters. From the 1st to 25th floors are the apartments, four lifts work "Actively negotiating on the restructuring"
Bank officials said at the trial that after the disputed contracts of a joint construction November 14, 2014 (it is interesting that after 10 days LC received permission to commissioning) developer generally ceased to repay the loan: were not implemented tranches in February and August 2015 . Just in time for these periods fall and peaks euro rate against the ruble.
Parties to the conflict did not specify the correspondent of "BUSINESS Online» controversial figures, but in the company "Clover Group" recognized "the difficulties with payment of a certainOtori payments under the contract. " "Unfortunately, the amount of sales revenue (as it is the ruble) is not sufficient at present to cover liabilities in euros to the bank - said in response Received. - At the moment, we are actively negotiating the restructuring of the loan, and together with the bank are looking for mutually beneficial solutions for this situation. " The company also said "Business Online», that they do not refuse the obligations to the bank. "But at the moment, given that the euro proceeds from the project have fallen sharply, we are negotiating with the bank mutually beneficial ways of solving problems. The Bank is sympathetic to the fact that in the changed economic conditions, the relationship lender and the borrower are also undergoing changes. We are convinced that as a result of the negotiations will reach a compromise with the bank. " General Director of "Clover Group" Alexander Popov: "We are not that arose - slow
built. " DISCOUNT ON THIS WAY WE DO NOT ACCEPT
However, the representative of the Czech Arbitration in hand Eldar Mansurov said that the discount, the developer who wants to, they do not agree in any way, and to start negotiations can only be subject to payment of arrears. Taking into account the remark of the Czech side that the developer believes that they should be 2 million. Euro, we can assume that at the moment the delay without regard to demand early repayment of the loan in the amount equivalent to the amount of more than 150 mln. Rubles.
With regard to the disputed contracts the company "Clover Group" notes: "Bank might not like the fact that a large pool of the apartments had been sold. Bank is aware of the conditions of the deal, but at the moment our assessment of this agreement is somewhat different. " The bank, in turn, said that the transaction was committed without his knowledge. According to the developer, the sale of apartments has not caused financial loss to the lender, as committed to including and in order to fulfill obligations to the Czechs. Noteworthy is the fact that the bank has the financialsoftware, but property Clover House is not in the pledge of the bank neither Czech nor any other. "The land (under the house) is currently the property of tenants. The bank has more security for the loan that is not associated with this property "- say in" Clover Group "
In real estate developers also note that the disputed transaction was concluded on "individual conditions with our partner" in a situation of a sharp drop in the ruble in late 2014. Also, company representatives stress: "In theory, the sale can be carried out by the builder, and from others who have purchased the apartment from him. In practice, however, the picture is different. We would be happy to sell and, but Kazan property market stagnation does not allow. "
The Komercni bank declined to comment, noting that their position will be set out on the court.
Clover House its altitude and shape in the form of iron causes a mixed reaction from residents of the city and in the built environment WHO IS CLOVER GROUP?
According to the site "Clover Group", the company is one of the intraveling investment and development companies in Russia, has the land for construction in 29 major cities across the country, 243 of the object in the management, $ 600 million of net assets and $ 400 million of total investment in 2003:.. "High-quality objects" Clover Group "already adorn the cities of like Khimki, Rostov-on-Don, Sochi, Kaliningrad, Nizhnevartovsk, Tyumen and Vladivostok. "
Note that the "Megapolis" and "Scherbakovsky Park" on circumstantial evidence consists precisely in the sphere of influence "Clover Group". So, the owner of "Megapolis" is a Cypriot company Applied Finance (Af) Limited. Communication "Megapolis" with "Clover Group" does not hide the last - this is confirmed by the fact that the answer to the request "Business Online" posted "Megapolis", came from the "Clover Group".
The "Clover Group", said "Business Online", that "Scherbakovsky Park" is not part of their group, though in respect of contracts with "Shcherbakovskaya park" (at the moment the owner arrested apartments) in "Clover Group" indicate our edition, that the agreements concluded on the "individualnyh conditions with our partner. "
According to the database "Kontur-Focus" data "Scherbakovsky Park" owned by Sergey Yakovenko and registered at the same address as the LCD itself. Interestingly, the second name of the company - LLC "Management Company" Island of Dreams ". Meanwhile, there are built in Sochi "Clover Group" LCD "Dream Island", which is indicated on the website that the Criminal Code is directly related to "Clover Group". In addition, we point out that the director of "Shcherbakovskaya Park" contains Lily Rifovna Kurmasheva. The site at the same time there is an announcement from November 2013 about the search of "Megapolis" sales manager and applicants should contact Lilie Rifovna Kurmashevoy, contact e-mail which coincidentally ends in @ clovergroup.ru.
Furthermore, the correspondent of "BUSINESS Online» managed to get through to Yakovenko, who explained that the comment on the situation can not yet, because "the whole thing you need to think about." Also in Sochi "Shcherbakovskaya Park" office (yuradres which is at the same time in Kazan) Confirmor that they belong to the "Clover Group". Thus it can be assumed that the company "Clover Group" somewhat disingenuous about neaffilirovannosti with "Shcherbakovskaya park." Clover House is a 26-storey 399-apartment house. The house has 100 two-bedroom apartments, 124 "kopeck piece" and 175 studios. PORTRAIT OF CLOVER HOUSE
According to the content of permit for putting into operation the first stage of the LCD is a 26-storey 399-apartment house. The house has 100 two-bedroom apartments, 124 "kopeck piece" and 175 studios. The site builder also indicates that the area from 61 to 104 square meters in the complex provides underground parking for 194 parking spaces, office spaces. meters. The ground floor provides non-residential premises. From the 1 st to the 25 th floor there are apartments, four elevators are working.
The cost of apartments vary depending on the floor - the higher, the more expensive. Thus, one-room on the second floor area of 52 square meters. m will cost 3.8 mln. rubles. On the eighth floor, it will cost 4.1 mln. Rubles. The one-bedroom apartments of 82 square meters. m are from 6.1 to 10.5 million (the most expensiveoption is on the 24th floor). It is noteworthy that the most expensive offered "three rubles" in 91 square meters. m will be cheaper, "younger sister" - to 7.8 million -. and is located on the 14th floor.
The developer explained to our newspaper that the property starts from 75 thousand. Rubles for a "square".
In November 2014, the LCD has received permission to commissioning "We are directly tied to the currency"
In December last year the peak in Clover House in "Megapolis" OOO marked "Business Online", that the cost of 1 sq. m housing complex Clover House (Vahitovskij area, the developer - OOO "Megapolis") increased by 25 thousand rubles.. "We now have a cost of 1 square meter starts from 95 thousand, although two weeks ago it cost 70 thousand rubles, - said then call sales consultant. - Increase occurred after the jump of the euro - we are directly tied to the currency. " However, when prices increased at all, but have not made such a big jump.
"Megapolis" at the trial took an interesting position: Representative Michael Monastyrev company said that the dispute shouldn considered in the Czech Arbitration and the Czech law. Czech Komercni Bank, by contrast, argues that it should be decided in Tatarstan. Also, "Megapolis" said the bank's notification of transactions were carried out in a timely manner via e-mail. Yuldash Musin judge was of the opinion that the dispute was subordinated to Tatarstan Arbitration.
It should be noted that in parallel to "Metropolis" filed in the Means of RT arbitration, claiming that it illegally occupied the land plot of 470 sq. m from the adjacent LCD ophthalmic hospital. This is part of the snout of fire entrance to the complex. "Megapolis" at the trial said that during the negotiations Means demanded of them for the easement of 10 million. Rubles, but the developer says it is too inflated amount. Also, the developer said that since February, as there was the first buyer of the complex (and this is the "Dream Island"), they are no longer under the law of land owners of the building and now it belongs to the buyers Clover House.
The cost of apartments vary depending on the floor - the higher, the more expensive. Thus, one-bedroom on the third flooran area of 52 square meters. m will cost 3.8 mln. rubles. On the eighth floor, it will cost 4.1 mln. Rubles «CLOVER HOUSE quite popular"
The newspaper "Business Online» heard the opinions of experts on the situation around the prominent LCD.
Anastasia Gizatova - the director of the Academy "Happy House":
- In principle, Clover House is quite popular. At least at the incoming students who buy apartments parents, as well as an investment property. Developers are lucky: there was a growing market, the willingness of the house was high, sales went well. Price per square meter, readiness at home and the location made it attractive enough.
There is an opinion that the plan for the amateur, but the location justifies many, many people like it. Studio 3.8 million - the price is not low, but the normal value for the historic center. And at this price will sell the apartment and find a buyer.
In general, foreign currency loans from developers was not common and is rather an exception. It does not bind, because such loans are usually notshort-term, this people do not go after the jump currency 2008. Even individuals were afraid to take the same currency mortgage.
Ramis Muzipov - Head "Yuneks" legal agency practices:
- In this case, it can be assumed that the action on the transfer of apartments before entering the house in operation - are actions aimed at withdrawal of assets prior to bankruptcy builder. Theoretically, the negative scenario (presentation by the bank claims on the sold properties after the transaction) for citizens who have purchased an apartment, it is possible, but unlikely. End customers should be recognized bona fide purchasers, who did not know and could not know about any violations of the obligations of the builder in front of his bank. This position was supported by the court, denied the arrest of citizens in terms of acquired apartments.
Interim measures are taken in the form of arrest by the court to the property, the expense of which can be executed the court decision was not resold. The prohibition of registration in action allows us to "mothball" the property of the defendant pendingI ate court.
With regards to the situation around the "foreign currency loans", then no doubt the courts in connection with their non-payment began to receive claims for the recovery of loans receivable and loans. Also, in the courts of borrowers received claims for termination of contracts, since the change in the ruble exchange rate has increased the amount of the refund several times.
As a general rule the courts (especially arbitration) are reluctant to dissolve the contract. This is due to the fact that at one time the highest court (SAC) expressed on the matter straightforwardly and unambiguously stated its legal positions, according to which inflation and the financial crisis are not recognized as a substantial change of circumstances and can not act as a basis for termination of the contract.
Meanwhile, in every general rule there are exceptions. There are cases in the judicial practice, the courts dissolve the contract in connection with the deterioration of the borrower or charge a sum based on the rates that existed before the fall of the ruble. However, such cases are extremely rare and occur only in the courts of general jurisdiction.
Robert Shaimardanov - drivingconductive partner of law firm "Shaimardanov and Partners":
- Conclusion of the equity contract for a few days before the introduction of house in operation does not contradict the current legislation. Motives of conclusion of the contract could be as legitimate (the real deal when the interest holders bought a lot of properties, tax optimization, asset allocation within the company group) and illegal (asset stripping). In order to give the correct legal qualification of the transaction, it is necessary to find out: According to the loan agreement the bank's consent was required for the conclusion of the contract the equity or not, affiliation developer and real estate investors paid if the share participant (market or down) price of real estate and so on.
In case the bank could theoretically challenge the subsequent sale of the share participant contracts acquired property by a court annulment of the contract the equity of its new owners, who bought it for their own use. However, if the transaction is a fee and payment for it is made, and it is proved that the jamcrate, equity holders and the buyer an apartment together did not participate in the scheme of asset stripping, the chances of recognition of the sales contract invalid slim.
Arrested by the court real estate in the future may not be sold, contracts in respect of the seized property Rosreestr not register.
Legal mechanisms to reduce debt due to the increase in foreign exchange rate, no. In agreement with the bank possible options such as debt restructuring and refinancing. Even if a bank owned by a foreign state with which we have complicated relationships, it does not give an opportunity not to pay the debt payment or expired. Otherwise, the bank can collect the debt with penalties. reference
LLC "Megapolis" (data from the system, "Circuit-Focus") specializes in the construction of buildings, renting of own real estate, rental of construction machinery and so on.
The authorized capital - 240 010 000 rubles.
Founder - Applied Finance (Af) Limited (Cyprus) (its share is not equal to the sum of the capItala).
General Director - Igor Kryukov.
Balance at the end of 2013. Set in 2.2 bn. Rubles.
Long-term liabilities of the company at the end of 2013 - 1.7 billion rubles..
Accounts receivable - 255 mln. Rubles.
LLC "Scherbakovsky Park" is specialized in the management of real estate, investments in property, preparing for the buying and selling of real estate.
Authorized capital - 10 thousand rubles..
The owner - Sergey Yakovenko.
Director - Lily Kurmasheva.
Another name - "Management Company" Island of Dreams ".
LLC "Holding Company" Clover Group "specializes in activities of financial and industrial groups and management of holding companies, Legal activities, advice on business and management, etc. Share capital -. Of 10 000 rubles. Founders - Legion Construction Holding Gmbh (Austria) - 99%, Popov Alexander - 1%. General Director - Alexander Popov.