The owner of Trust was set back by a trust

The former owner of the Trust Banking Group Oleg Kolyada demands his former partner Ilya Yurov to give him back his share in the bank or to pay in excess for the shares sold during his jail term.
Share of TIB Holdings autumn 2007 acquired the US investment bank Merrill Lynch (now part of BAML). Then began the process of unification of the two banks in the "Trust" national bank. As a result, BAML was 10% in the combined bank. Banks disclose that the shares sold to a new investor in proportion to their shares Yurov, Belyaev and Fetisov.

In October 2012 Kolyada Yurov sued in the High Court in London (a copy is in "Vedomosti"). He claims that his friend and colleague Yurov violated the terms of the trust agreement signed with him in 2006

Kolyada claims in the lawsuit that has been one of the five major shareholders of the banking group "Trust", which included national and investment bank "Trust".

"Trust", the Bank was created by the merger of the same name, and the investment bank "Menatep SPb". Until 2004, 68.4% of the shares of the investment bank "Trust" and 99.6% "Menatep" shares (later - National Bank "Trust") owned MFO "Menatep". In June 2005, the bank's management, led by Yurov bought MFO "Menatep" in GML (controlled by the owners of Yukos, headed by Mikhail Khodorkovsky) for $ 106.8 million.

Kolyada with Yurov and three other financiers - Sergei Belyaev, Nikolay Fetisov and Artashes Terzian - were in 2006 the main shareholders of the banking group "Trust". December 11, 2006 Kolyada had been arrested in the case of exchange of bogus bills "Tomskneft" ( "daughter" of Yukos) on the bills of the National Bank "Trust". He was sentenced to 7 years and 3 months in prison and released early in the spring of 2011

Fearing persecution, Kolyada in October 2006 concluded with Yurov agreement under which transferred its stake in the Cypriot TIB Holdings, the controlling group of "Trust", in trust, according to the lawsuit. The beneficiary of the shares as follows from the document extracts from the trust agreement, remained Kolyada and Yurov has promised to carry out his instructions to act in their interests and not receive any profit from the management of shares, except for the annual fee.

Under the terms of the contract could Yurov buy back shares "not less than $ 40 million at the official exchange rate of the Bank of Russia." To do this, he had to send a notice of redemption Kolyada and within a month to transfer the obtainedT he details $ 20 mln rubles, and over the next month - another $ 20 million.

Yurov has sent a notice 1 November 2006 But, says Kolyada, because it is not passed Yurov bank account and the money has not been listed within a month, it has lost power. In January Kolyada, according to the lawsuit, through a friend handed Yurov offer - to buy back shares for $ 100 million (approximately the same on Christmas Carols approval, was their market value), to extend the trust agreement, or buy them for $ 40 million with the condition that Kolyada redeem them later for the same amount. Then Kolyada learned from his lawyer that Yurov chose the third option and started to negotiate about making payments to his wife. Kolyada thought that everything will be done in accordance with the contract, and even punished his wife use only a percentage of the amount withdrawn, but learned from the newspapers in November 2007 that Yurov resold the shares to third parties and, estimated Kolyada, received for their $ 100 million .

In doing so, says Kolyada, Yurov violated the terms of the contract. According to him, the phrase on the repurchase of shares "not less than $ 40 million," meaning that he was to receive an amount equal to rynight value of the shares, ie. e. at least $ 100 million. Therefore, Kolyada insists that all the money from the sale of shares owned by Yurov him as the beneficiary, and calls for their return.

Yurov in response to the lawsuit alleges that in June 2006, when the investigation was carried out, he came to the conclusion (and said so still) that Kolyada participated in the fraud with the bills, and, fearing for the reputation of the banking group, asked to withdraw his from all posts and to sell their shares to himself, Belyaev and Fetisov.

In the fall, when it became increasingly obvious that Kolyada arrested, he signed with Yurov trust agreement, in which there was an option for the direct purchase of the latest shares for $ 40 million in ruble equivalent, continues Yurov. The agreement, according to his version, was necessary to immediately withdraw the shares from under the threat of arrest by law enforcement agencies, and Yurov, meanwhile, will collect money for their redemption.

Kolyada signed the notice of redemption, but did not provide for a month the bank details, indicating Yurov, so he and his wife became dogovorivatsya Kolyada. She needed time to open an account abroad (in the end it was done in Latvia), It is - to raise money. All this took several months, and in late February - early March 2007 Yurov three tranches transferred $ 40 million collected with Belyaev and Fetisov, which obtained and shared stocks. No data Kolyada commitments he did not break, Yurov said.

According to him, the phrase "no less than $ 40 million" means that, since payment was made in rubles at the Central Bank, Kolyada had to get at least $ 40 million rubles, "and no less than the ruble." With regard to evaluation Kolyada shares of $ 100 million, they were not traded, so to assess their market value was impossible, and their book value, calculated in September 2006, the head of the legal department of the investment bank "Trust" Andrey Drozdov general was $ 29.9 million.

Yurov filed a counterclaim. It requires that if Kolyada claims will be satisfied and yet it turns out that he Yurov, mistakenly thought if can directly redeem shares for $ 40 million, and fulfilled all conditions for this, to compensate it paid $ 40 million (in rubles) plus interest.

Yurov yesterday did not answer the phone. AppearingTel "Trust" said Yurov gave "Vedomosti" questions, but he did not comment on the lawsuit. With Kolyada and his wife could not be reached. The representative of the Bank of America Merrill Lynch (BAML) forwarded the "Vedomosti" question management "Trust" and the participants of the case: "We do not plan to comment on the case."