Bankrupt Deti: how shareholders brought one of the largest chains to collapse

Claims for 3 billion rubles, arrested bills and closed shops. In two years, Deti chain has made the way from being the second largest children's retailer in Russia to a bankrupt company because of the conflict of shareholders.
22.09.2016
RBC
Origin source
September 29, 2014 at the entrance to the building of the Civil Code "Children" duty military officers Chop. A few days before that two of the three shareholders of the company - Roman Yavorsky and Alexey Ugarkin - majority vote withdrew director of "Children" Sergei Baluch from office, and in its place put Ugarkina shareholder. Baluch company was considered a "man Nicholas Kichidzhi" third shareholder. At the Baluch positions they lost top executives Parfentev Dmitry and Oleg Simahodsky. Now CHOP did not let them into the building.

"Access to the building and to work computers was blocked for them, the company continued to work, but without the managers", - told RBC former employee of the company. "The commercial director of all this had a heart attack," - adds another source close to the company.

Network "Children" took the second place in the market of children's goods after controlled AFK "System", "Children's World", there are almost 200 stores operating under the brands of "Children", "Healthy baby", "Mama children" and Orchestra. The company earned 26 billion rubles. atyruchki and RUB 400 million. profits in 2014, according to SPARK.

The company's revenue in 2015 fell to 11 billion rubles., The loss amounted to more than 1 billion rubles. Now the network has shrunk to 30 shops, the total amount of claims against the GC "kids" up to 3 bln., And the accounts of the company were arrested.

"The financial condition was great"

Kichidzhi, Jaworski and Ugarkin came to the children's business of funeral services. Future partners met in the early 1990s. Kichidzhi worked as the director of the North Cemetery in St. Petersburg, and Jaworski was working at the cemetery.

In the mid-1990s Kichidzhi, Jaworski and Ugarkin began to supply food to the budget of the organization. "Then they had an idea - to revive the children's kitchen, as in Soviet times. They began to produce baby food, but instead of the kitchen opened children's store, "- says one of the previous partners Yavorsky business, who wished to remain anonymous.

In 2000, the company registered partners "special service", which owned in equal installments, and the first shops began to open under the brand "Healthy baby".


At the same time the relationship between Yavorsky and Kichidzhi were initially uneasy. "Kichidzhi once cheated partner, and he was very afraid of this again, - says the source of RBC. - Therefore Kichidzhi always rigidly controlled Yavorsky circle of communication, always watching him, what he is doing, with whom he goes. Kichidzhi even resorted to such a maneuver: for example, first calling to one partner, she asks where he is, and then calls back the second - where the ".

Despite mutual distrust partners, the company has expanded rapidly: in mid-2010, the network consisted of 80 stores in St. Petersburg and two - in Moscow (the turnover was about 5 billion rubles.). Then fe "Healthy baby" began to absorb other networks: in June 2010 the Federal Antimonopoly Service approved the JSC "special service" purchase of CJSC "Children" from businessman Igor Vtornikova. At that time, under this brand in St. Petersburg worked 24 shops, and 13 - in Moscow. At the "Healthy baby" and "Kids" took about half of the market of children's goods St. Petersburg in 2011 increased revenues by 15 billion rubles.

Turnover grew at the expense of budget funds. In St. Petersburg acted cards "Baby" and "Pre", which enlisted child benefits and other compensation. Otovaritsya these cards can be only in certain stores, which gave the minimum margin on socially important goods for children. "Special service" has become one of the largest participants in the program - to assess the president of the Association of Industry baby goods (AIDT) Antonina Tsitsulinoy in "Kids" and "healthy baby" merchandised half of all children of St. Petersburg allowances. We are talking about more than 1.5 billion rubles.

In 2014, revenue increased to 26 billion rubles. "Finclient connections condition of the company was great. In the warehouses there were trade balances by 8 billion rubles, which means that it was possible two years do not buy the goods -. Kichidzhi says Nikolai. - Plan for the 2015 turnover was 28 billion rubles. We grew up, developed, banks are willing to lend us. "

Marketing plans did not come. In early 2015 serious disagreements began in the company. As he wrote, "Business Petersburg", Kichidzhi accused the partners that they take credit current assets of the trading business, letting them unprofitable farming.

"The projects, through which, according to Kichidzhi, withdrawal of funds, were launched by the decision of all the shareholders. That is, it was just an investment that did not give the expected profits ", - says Vladimir dreamed, managing partner of law" FREMM Bureau ", representing the interests of Jaworski and Ugarkina.

Business collectivization

"In 2010-2011, Jaworski took out of the trading business about 400 million rubles. credit money, and I took another loan of 107 million rubles. and allegedly invested these funds in the farm, "- sayst Kichidzhi.

"Collective farm" he calls the largest vegetable-growing economies in the Leningrad region. The "farm" includes two legal entities - JSC "Vesna-Tikhvin" and LLC "Agrosoyuz". For the first recorded equipment, the second - the land. Kichidzhi, Ugarkin and Jaworski became shareholders' Agrosoyuz "at the end of 2009. Later, however, were former shareholders of up to 2014 top managers "Children" Sergey and Denis Baluch, and Simahodsky Parfentev and Alexander Yavorsky (contractors say it was not a relative of Roman Yavorsky).

Despite the fact that the Roman Jaworski allegedly transferred money from the "Kids" on agriculture, "Agrosoyuz" and "Spring-Tikhvin" ceased to pay with contractors back in 2013. "We had them for reconstruction of greenhouses, established biosveta to get the crop all year round with less electricity than a conventional supplementary lighting", - he told RBC Sergey Komarov, director of "Prolayt Group".

The contract with JSC "Vesna-Tikhvin", according to Komarov, was signed by 150 mln., 42 mln. "Spring-Tikhvin & raquo; Komarov has until now. "Pay off Jaworski was in late 2013, then asked to wait, they say, sorry, no money, and then just stopped taking the tube" - he says. Now Komarov is trying to recover money in arbitration. "Prolayt Group" could not work, having a size of accounts receivable, and now actually does not work, Komarov said.

In February 2014 due to the debt of the order of 20 million rubles. in "Agrosoyuz" cut off the gas and all the vegetables were killed, said an accountant Julia Komarova. The company had to lay off all the employees - about 300 people.

Now the "Spring-Tikhvin" and "Agrosoyuz" also pass a bankruptcy procedure.

Where's the money?

"What investments have gone 500 million rubles, I do not understand -. Kichidzhi says. - Jaworski promised to return them, but did not do so, and the company was forced to pay interest at the then rate - about 40 million rubles. in year. Now I realize that he just brought the money. " Kichidzhi allegedly demanded Jaworski report on the money spent, repeatedly offered to carry out an audit, but the floorUchaly failure.

"The idea to invest in this project was supported by all the shareholders. But after a while it turned out that the money is not enough, we need more investment - said Jaworski through his representative. - But Kichidzhi I refused, disappointed, and funding ceased. He has ordered to close the loan and the farm is not to invest more, which led to bankruptcy. To say that I am personally involved in this collective farm to the general funds - is wrong. I just thought that the project could be successful. Nobody should I not allowed to put such a sum without the consent ".

In early 2014 Yavorsky suggested Kichidzhi start looking for buyers for GC "Children". "I said that it is wrong to sell the company, which is developing at such a pace. Now I think that the way he wanted to hide the damage that caused the business ", - says Kichidzhi. The scale of the damage is estimated at 2.5 billion rubles. However, this assessment of the court has not yet been confirmed: from 21 claim for the withdrawal of funds, submitted to Kichidzhi Yavorsky and companies GC "Children", 16 were refused, on three discontinued and the two left without movement.

In September 2014, connecting the PSC, Jaworski left the company a loyal Kichidzhi entire top management. "This has led to Kichidzhi to sell its stake in the company", - he said the lawyer dreamed.

In October Kichidzhi concluded with Yavorsky and Ugarkinym contract for the sale of 34% stake for almost $ 60 million In the contract there was one prerequisite -. Kichidzhi demanded that from him all the guarantees on loans to banks (the total amount of loans to Sberbank, Alfa have been removed Bank and the Bank "Saint Petersburg" at that time was about 4 billion rubles.). Guarantors on loans were the three co-founders, and Jaworski with Ugarkinym were translated guarantee Kichidzhi themselves. In the fall of 2014 Kichidzhi received advance payment - 641 million rubles.

Further versions of the participants of the contract differ. According to the lawyer Mechtaeva, due to the fall of the ruble value pack has increased in proportion to the dollar, and banks began to refuse to partners in the loan to buy shares. "The issue of money can be solved, but the problem was in the fact that all three banks - Sberbank, Alfa-Bank and" St. Peteburg "- refused to terminate the guarantee Kichidzhi - he says dreamed. - In this situation, in theory, the contract had to be terminated, but Kichidzhi refused, the arrangement is dependent, and the Kichidzhi meanwhile prevented companies to obtain loans for the current activity. "

Kichidzhi assures that at least four banks were ready to credits for the purchase of shares, but with Jaworski Ugarkinym this was not done. "And take off my surety banks were willing, if Jaworski with Ugarkinym took it on himself - he says. - But they did not want to do that. "

Dreamed claims that he has the official response of the three banks, which refers to the refusal to withdraw the guarantee Kichidzhi. "The guarantee for the loan is very difficult to remove, - confirms Alexander Seliverstov, CEO and co-owner of the network" Yuterra ". - Change of the shareholders is not an argument for them. "

Either way, the company shares Kichidzhi did not return, and access to borrowed money for the GC "Children" has been closed: the banks refused on the grounds that there was no consent of all three shareholders to receiveredita says dreamed.

Now, the company did not have enough money not only to buy back shares - in 2015 GC "Children" began to delay the payment of rent, salaries and payments to suppliers, and in February and Jaworski Ugarkin to Kichidzhi filed a claim for refund in the amount of 769 million rubles. Kichidzhi filed a counterclaim for the recovery of the remaining 3.4 billion rubles. In both lawsuits were arrested property of the defendants.

Banks, meanwhile, demanded early repayment of loans. "Last year, the company repaid loans amounting to about 1.6 billion rubles., - RBC Jaworski passed through a representative. - The money was given out of circulation, that is, instead of calculating with suppliers and pay the rent all gone to banks. "

The collapse of the "Children"

"Difficulties with suppliers began in late 2014 - recalls a former employee of the company. - In February 2015, they began to take their goods from the stores. "

"We began to delay payment, in response to all the questions officers (GC" Children. "- RBC) said - to sue. The company's management on the link does not go ", - says one of the toMpano suppliers who have submitted a claim to the arbitration court.

In October 2015 began delay salaries to sellers, "Children," says one of the former directors of the store. Network began to close stores. For example, the summer 2015 the company has not paid rent in St. Petersburg shopping center "Rodeo Drive", "London Mall" and "Fiolent", belonging to the Fort Group. By August, the debt reached 25 million rubles. It was finally concluded a settlement agreement, and stores "Children" in all three areas were closed, and their place was soon taken GC "Detsky Mir".

In August 2015 one of the largest suppliers of the company "Concern" Kalina "filed for bankruptcy, it was supported by Alfa Bank. In just the past two years to the JSC "Children" and CJSC "special service" claims were filed by almost 3 billion rubles. In December 2015, the accounts of JSC "Children" have been frozen on the suit at Alfa Bank.

The property of CJSC "special service" arrested on the claim for recovery of Kichidzhi 3.4 billion rubles, but to return this money is unlikely -. To claim the collateral banks. According to the claims of banksrestovan also items in several stores.

The remaining 30 stores in 2016 manages the JSC "Power Plant" (in the words of the two interlocutors RBC, the company is also monitored and Ugarkinym Yavorsky). The representative of the "Combine Food" explained that the company is working on a commission agreement, has the right to use the trademark and equipment, but does not assume the debts of the Civil Code "Children".

"The first three months of the" Combine Food "everything was more or less normal, even in the shops started coming goods - says a former employee of the Civil Code" Children ". - But then again started the salary delay, pay the rent there was nothing, the goods in the stores were not, we were selling the remains of a 50% discount. "

"He began to drink, left the family"

Antonina Tsitsulina believes that the GC "Children" has ruined the dismissal of an experienced management. "Jaworski thought that would hire a new team of people will buy the" Children's World "and the company will continue to work, - she said. - In the end, to find he could not. "

Kichidzhi thinks that the problem was not menedzhmenare: "Can you imagine what a turnover of 26 billion rubles.? How could ruin such a company? - Outraged it. - One explanation: the company continued to withdraw funds, I do not know for what purpose. " Another reason Kichidzhi sees in the Jaworski: "He began to drink, left the family, finally lost the moral and moral character."

"Kichidzhi Jaworski wanted to throw, - he told his version of the conflict RBC familiar Yavorsky. - It was the talk: what Jaworski drunk and you can not work with him, let's say, take away his share. In Kichidzhi has its own in-law, daughter, grandchild, who need to transfer the business. And to share the business with an alcoholic Yavorsky Ugarkinym and useless, he thought it was beneath his dignity. But Jaworski beat him. "

Now Kichidzhi busy litigation and negotiations with the banks - it is still the guarantor of the loan. Return them Kichidzhi counts by liens: a warehouse in Kiev subway in Moscow, stores owned by the company.

Sometimes they come back

Meanwhile, the former top managers of the network "Kids" Sergey and De-Notariat Baluch, Simahodsky and Parfentev - "people Kichidzhi", which is almost two years ago, has not started to work PSE - in the summer of 2015 registered the company "Kids", which began to open stores including where closed "Children", and take on "Children" employment of former employees. For the year to open 25 "Kids' stores: 19 - in St. Petersburg and in Moscow six.

in "Babes" office in spring 2016 and Nicholas Kichidzhi were searched in a criminal case of fraud on a large scale. RBC source close to Yavorsky, said that the former top managers suspected of stealing from the network "Children" 300 million rubles. "The dismissal of Baluch, and Parfentieva Simahodskogo actually due to the fact that, when it started to share the conflict, came to light a huge amount of money had gone to the side, for example, have leases on the building is not yet built," - he said.

Secretary of "Babes" promised to pass to Sergei Baluch RBC questions, but at the time of delivery notes his comment could be obtained. Kichidzhi RBC says that he has no otnosheniya network "Kids".

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