The Moscow Arbitration Court continues proceedings in the case of an attempt by entrepreneurs from Murmansk to de facto seize the father and son Surikovs from their partner-investor of a share in the capital’s Happy Park family amusement park, located in the RIO shopping center of the Tashir Group of Companies. The total cost of a promising asset around which the battle is being waged is estimated at 30 million rubles. The appellate court hearing is scheduled for April 26. But the story is not only about that.
From Murmansk shellfish to Moscow dream
All happy businesses are alike; every unhappy business is unhappy in its own way. Sergey Surikov, a serial entrepreneur from Murmansk, whose friends simply call him Serezha, arrived to conquer Moscow with a business idea for children’s entertainment family parks in large shopping malls. In his working biography, Sergey Surikov was the founder of several subsequently liquidated companies and did everything from sea fishing and wholesale trade in crustaceans and mollusks to cargo transportation.
However, the heart and business intuition settled on family amusement parks for children aged 3-6. Sergey Viktorovich successfully ran this business in his hometown, opening several points, together with his father Viktor Surikov. He, by all indications, was the nominal founder and general director of Sever Park LLC, but in fact, his son Sergey Viktorovich Surikov conducted business and managed the company. Allegedly, he himself could not be the founder and CEO because of some problems with taxes in the past. With business in Murmansk, Surikov began to have problems, they talked about numerous debts and angry creditors, and he decided to regroup in Moscow.
Apparently, Sergei Surikov did not have free funds to enter the capital market, so he promptly withdrew part of the money that he owed to certain persons at that time from his Murmansk business, in fact leaving the creditors with nothing. Another 6-7 million were missing, but no one believed in Sergei’s homeland, so he attracted his old friend, an experienced Moscow businessman Alexei B-n, to the startup as an investor partner (at that time he didn’t know about Murmansk troubles of the future partner guessed). The project fell into a sought-after niche, and Aleksey appreciated the idea. According to preliminary calculations, the park promised a quick payback within 2 years. All that was required was to add the missing funding and strengthen marketing. In the strategic plans, in a few years, the entrepreneurs were going to scale up the business to 4 parks in Moscow, launch a franchise in the regions and reach a monthly turnover of tens of millions of rubles. Alexey already had a list of potential investors among his personal contacts who were ready to invest in the development of the project based on the results of the first startup in RIO, as well as shopping centers wishing to open a similar project on their premises.
Magic forest, good robots and evil stumps
Friends-concessionaires knew each other for more than 7 years. They were united by a common male company and interests, but before that they did not earn money together. They hit on the hands. Further, events developed something like this: on the shore, in a gentlemanly way, on trust, they agreed that Alexey would invest 6 million rubles in the project to purchase attractions and equipment (actual investments turned out to be higher) and establish marketing, and Sergey, in addition to his investments, would be engaged in all operational activities. The shares were divided 25% to Alexey by 75% to Sergey. According to the agreements between the partners, the return of investments through dividends to Alexei was supposed to start from the first profit, distribution – once a quarter. Alexey also agreed in advance with his partner that he would register his part of the business for his wife Elena, since he himself was busy in other projects. Alexey’s main motive for investing in Happy Park was to take care of his loved one and children – he wanted not only to open a business for his wife, but to create a source of family income that would not depend on the state of his business and other circumstances. It was assumed that Elena would participate in the management of the company at the level of a junior partner, in particular, engage in marketing and help with financial and management reporting, especially during the further development of the park network.
In the spring of 2021, Happy Park opened its doors to the large shopping and entertainment center RIO in the South-West of Moscow. Little visitors were offered 11 locations with attractions – from trampolines, slides and climbing frames to a giant pool with balls – and a rich program with animators. “Adventure concept: Children find themselves in a magical forest where good robots and evil stumps live,” the creators explained their plan on the park’s website. With a delay of six months, a cafe opened in Happy Park. Sergei Surikov borrowed money for it from his friend Alexei (although he had previously taken the costs himself) in addition to the 6.5 million investments already invested in fact.
The main asset of the company – a long-term lease agreement with the RIO shopping and entertainment center of the Tashir concern – was concluded for the Murmansk LLC Sever Park, the actual owner of which was Sergey Surikov. Things quickly picked up, despite the post-pandemic time. By the end of the first incomplete year, the company generated a net profit of more than 2 million rubles. For the 1st quarter of 2022 – already more than 3 million, the whole year promised more than 12 million. The calculation turned out to be correct. Wide prospects opened up. It was high time to share hard-earned money, but Alexei never saw his money.
If a friend turned up suddenly …
As soon as the business began to work actively, experienced entrepreneur Sergey Surikov, apparently, took a confident course to move the partner away from cash flow and participation in managerial decision-making. All logic testifies to it. According to one of the sources, Surikov categorically refused to allow representatives of Alexei’s company to deal with accounting, although this removed significant costs from Happy Park. He torpedoed the appointment of the partner’s wife to the position of CEO, putting his father in charge, and completely removed her from business. Almost all marketing offers were blocked or sent to the trash, in fact, they did not allow anything to be done. For almost a year, he sabotaged the opening of a new joint legal entity with a legal distribution of shares, through which the cash desk was supposed to work and payments should be received. (As a result, under pressure from mutual friends who once introduced the partners and were aware of the agreements, the joint legal entity Activity Park LLC still started working, but, under a sublease agreement with Sever Park LLC. From the Surikovs, the founder of the joint company became father Surikov V.A.).
And most importantly, Sergey, by hook or by crook, clearly evaded the distribution of profits and the return of money to his partner: he was spinning, as if in a frying pan, but clinically did not want to share, he withdrew funds from the company at the same second as they arrived there. According to one version, this could be explained by the fact that it was more convenient for the Murmansk businessman Surikov to plug the accumulated debt holes in his small homeland in troubled waters with the help of a new business. Allegedly, he was firmly pressed against the wall there for old sins. The editors said that, according to the materials of correspondence between partners, Surikov did not answer the messenger and calls, disappeared, did not come to meetings, flew abruptly to Murmansk, fell ill, could not find the right employees, etc. and so on. At the same time, he did not forget to ask on occasion, “Brother, give me money for a cafe / for maintaining activities / paying for advertising / buying furniture … This is our business”
He deftly manipulated friendly relations and promised that he would return part of the profit due to the partner tomorrow / next week / after the 15th … and so for almost two years. “Brother, everything will be fine tomorrow, what is your mood?” Surikov swore in the messenger.
Communication with Sergei was like trying to catch the invisible man in the dark. Doing business is a fair game with a grated street thimbler. He turned out to be a virtuoso financial evader who did not hesitate to monetize friendships for his own benefit. just business. Did Sergei Surikov somehow justify his actions? Certainly. Complained unconvincingly to mutual friends that the partner “is trying to compete with him for the sphere of decision-making and dominate.” In other words, to participate in a common cause, to understand how much you earn and receive your rightful share of the profits.
In the summer of 2022, the investor, who had long seen that he was openly led by the nose, made another attempt to streamline business relations with Sergey Surikov. At the insistence of Alexei and in the presence of all the same mutual friends respected by the parties who had once introduced them, the partners signed an agreement consisting of several very specific points. Including: return by an entrepreneur from Murmansk S.V. Surikov 1 million rubles, employed to equip the cafe; distribution of accumulated profit; access to the client bank; integration of a common management reporting system; independent financial controller, etc. However, according to witnesses of the events, most of these obligations were never fulfilled by Surikov. It is known that it is easier to deceive someone who trusts you. Alexei counted until the last moment on the opportunity to reach an agreement in a comradely manner. It looks like an experienced investor, he did not make a mistake in the project, but he made a mistake in the person.
Of the about 7.5 million rubles invested in Happy Park, following the results of more than two years of the project, Alexei barely managed to return only 1 million rubles, given to Surikov as a loan for cafe equipment in addition to the main investments. The magical forest before our eyes turned into evil stumps.
As a result of long attempts to reach an agreement, Alexei initiated the process of evaluating the company and “divorcing” the partner. By this point, he had lost all hope for a favorable outcome and wanted only one thing – to get rid of a toxic partner in his living space.
“Parasites harm the living organisms on which they exist. The very word “parasite” from the Greek language is translated as a freeloader. Parasites are very diverse. Their habitats are also different. In fact, parasites can settle anywhere, ”report open sources. Apparently, we can talk about the existence of a special kind of entrepreneurs who are able to deftly mimic, adapt and live safely by colonizing other people’s resources. It seems that Alexei got such a partner.
The crack between friends rapidly turned into an abyss. Communication took place in the messenger and only in the presence of third parties, trust evaporated. Alexei had already openly told his partner in the eyes that he had robbed his wife and children. However, Sergei was that God’s dew.
An independent audit estimated the cost of Happy Park at 30 million rubles. Given the prospects for scaling the business, the asset was of interest to both entrepreneurs. Alexey was ready to buy out the partner’s share for 20 million rubles, sell his own, taking into account retained earnings and interest on the use of money, for 10 million rubles. Or, if the partner refuses to buy, sell it to a third party, which was also the subject of a recently signed agreement. Surikov allegedly did not mind, but obviously wasted time with the decision. By that time, he had practically stopped responding to messages and calls from all mutual acquaintances.
Surikov’s raider attack
It soon became clear what Sergey Surikov was up to. At first, it turned out that the previously declared profit was leveled, apparently, through the juggling of the company’s financial statements for 2021-2022, due to the artificial overestimation of management and accounting costs. However, these expenses were not officially visible in the accounting department. Tax accountant, who outsources a business like Happy Park 15-20 thousand rubles. per month, received according to the papers as if 200 thousand. To himself, in violation of all agreements “on the shore”, Surikov measured out a generous salary for two years as a manager, although he was actually the founder and worked for profit. The manager in the state was on a salary. As a result of such calculations, or rather, it would be more correct to call it “thimble manipulation”, the accumulated profit for distribution between partners has sharply decreased from more than 13 million rubles. up to 1.6 million rubles
Then Sergei Surikov decided to go for broke. I wrote a statement about extortion against my partner, which, however, ended in nothing, since there was not even a hint of the composition. And, judging by the materials of the arbitration case, he decided on a scam with a 25% share of a partner in the authorized capital, which became the subject of consideration in a Moscow court.
On October 14, 2022, Alexey’s wife, to whom the business was registered, was surprised to learn that the partner and co-founder of the joint business Viktor Alekseevich Surikov (father of the protagonist Sergei Viktorovich Surikov) single-handedly issued Decision No. 2 on the transfer of her share in the authorized capital without her notice LLC “Activity Park” in the ownership of the company – in connection with “non-payment of the specified share within the 4-month period prescribed by law.” On the basis of this Decision, changes were made to the Unified State Register of Legal Entities, and Elena’s share was transferred to the company, in fact, under the complete control of the Surikov family. Elena and her husband Alexei found out about the disappearance of their asset quite by accident. The meeting of the founders, necessary for making such a decision, was not properly held. Elena, as a full partner, Mr. Surikov V.A. did not notify. So overnight you can lose business and be left with empty pockets. There were all the signs of a classic raider takeover.
The meanness of the actions of the character was added by the fact that, formally, according to the papers, the capture of the share was carried out by Surikov’s father, Viktor Alekseevich, who was considered de jure the nominal founder. Sergey himself, who substituted his father in the traditions of the Pavlikov Morozovs, in which case he remained on the sidelines.
The deceived partner applied for protection to the Moscow Arbitration Court, where he presented all the explanations and evidence in the case. During the proceedings, the participants saw that Surikov took advantage of a formal accounting error, and the plaintiff’s share in the authorized capital was paid within the period prescribed by law. Surikov himself, according to the court decision, acted in bad faith in order to harm his partner. For more than a year he did not make any claims, did not clarify information with him and violated the procedure for holding a general meeting. The ears of the interested person stuck out too clearly. As a result, on February 6, 2023, the court invalidated both the meeting and the transfer of the share of the junior partner to the company, thereby deciding to restore Elena’s rights.
But the formal restoration of justice has not happened yet. The Surikovs appealed the decision. The hearing of the Court of Appeal is scheduled for April 26th.
Such is the business case with passions invisible to the world, almost according to Shakespeare. The story of a start-up that should be called a failure story. About how a joint business and insignificant by the standards of Moscow money can in a short time not only open an abyss in a person, but also destroy friendship and human relations to the ground.