“Holsim” will seal the raiders in “Cementum”
The company has renamed assets in Russia, but the courts with failed owners are still ongoing. Cement manufacturer Holcim has rebranded its Russian assets. Now it is “Cementum” and a new, independent stage of business development, transferred to local management.
– The Russian company Cementum appeared as a result of the decision of the international company Holcim to leave the Russian market and transfer Russian assets to local management in December 2022. All enterprises of the CEMENTUM company continue to work in Russia in full, the company said in a statement.
BV discovered that the application for the trademark “Cementum” was filed on January 30 and is now under consideration by Rospatent.
JSC New Group acted as the applicant. It was created on December 1 last year, the founders are unknown, the general director is the same as that of all assets with the word “Holsim“in Russia – Maxim Goncharov. The company is based in Moscow, the authorized capital is 10 thousand rubles, the main activity is the holding.
At the same time, the companyHolsim (ENG) Building Materials” lawsuits continue, due to attempts to seize the group’s enterprises. Back in November, the cement manufacturer filed lawsuits in the capital’s arbitration against the companies “Ronadana”, “Paritet”, “Tekhinkom”, “Tsentorion”, “Megalodon” and “Mega -resource”. The plaintiffs demand to terminate and invalidate the supply contracts with these companies. It was the failure to fulfill these supposedly paid contracts that became the reason for a number of people to demand more than 400 million rubles from the enterprises, and subsequently talk about the transfer of ownership of Russian assets.
Two lawsuits have already been satisfied by the court – the allegedly existing contracts with Rondana LLC for 290 million rubles and with Paritet LLC for 406 million rubles were recognized as not concluded due to the lack of will of the plaintiff to conclude them, no funds were received by the plaintiff.
This is how the applied scheme is described in the arbitration decision in relation to Paritet LLC. Here “Holsim” proved that the contract with the company did not exist in principle, and no money was received on the payment order.
– Since August 2022, the plaintiff has been systematically receiving mail from unknown legal entities, including Paritet. In the inventory, the attachments were indicated as a “claim” or “statement”, however, other correspondence was enclosed in the envelopes, which is confirmed by the certificates of opening letters drawn up by the Russian Post and the commission “Holsim (ENG) SM,” the court documents say.
The arbitration also questioned Mr. Goncharov, and also received statements from employees about the absence of contracts with Paritet and his mention in all electronic systems of the plaintiff fixing transactions.
– Having evaluated the copy of the supply contract submitted to the case, the court concludes that the specified contract is a framework one and does not comply with the standard form of the supply contract LLC “Holsim (RUS) SM” and the general terms of supply contracts approved by orders of the general director of the company, the court notes.
A copy of the specification also did not become an argument for the defendant: the arbitration considered that its content was information from the public domain, relevant only for the retail sale of the company’s products.
The payment order presented by Paritet also did not stand up to criticism: Intesa Bank JSC stated that such a company had never been its client, and the current account in the document does not belong “Holsimat”.
In the decision on the suit against Rondana LLC, the court indicates that the signature of the general director of LLC “Holsim (ENG) Building materials” Goncharova M.V. is not original. According to the conclusion of the Center for Digital Forensics and Law, it was applied using computer editing by using part of the seventh sheet of the Audit Report of an independent auditor “Holsim (Rus) SM” for 2021.
Rondana also did not transfer 290 million rubles – the copies of payment documents submitted by it contain details of other legal entities, and the payments themselves are not in the company’s bank statement provided by Otkritie Bank.
Both judgments were issued in December 2022 and appear to have already entered into force, with no appeals filed. Probably, the courts will go through the same scheme with the rest of the alleged clients “Holsim“. Claims have only been accepted for consideration, the amounts of the contested contracts have not yet appeared in court documents.
Help “BV”. The main products of the group are the production of cements, concrete, dry building mixtures, as well as crushed stone and granite. In Russia, the concern operates four cement plants and three quarries for the extraction of non-metallic materials. Plant LLC “Holsim (Rus)”, located in the city of Volsk, Saratov region, has an authorized capital of 6.3 million rubles, 99.76% of the company belongs to OJSC “Holsim(Rus) SM, the rest is owned by the German company Holcim Auslandbeteiligungs GmbH. In 2017, a five-year modernization of the Volsky plant was completed with an investment of more than 280 million euros. Revenue in 2020 amounted to 5.1 billion rubles with a net loss of 3.1 billion, in 2021 revenue increased to 5.7 billion rubles (by 14%), the loss decreased to 1.1 million rubles.
