The Arbitration Court of the Saratov Region published the reasoning part of the decision made in framework bankruptcy of NVKbank
The other day, on July 26, the court ruled that neither the former chairman of the board of the bank Vladimir Kravtsevnor its main beneficiary Vladislav Burov, nor other controlling persons should compensate the bank’s losses. On her insisted Deposit Insurance Agencyacting as a bankruptcy trustee. The DIA demanded that 306 million rubles of payments be distributed among the defendants.
The DIA considered the bad loans that crippled the bank as losses. In addition, Vladimir Kravtsev is involved in a criminal case of embezzlement of bank funds. The investigation has been going on for more than two years, now the case has been returned to the Main Investigation Department of the Ministry of Internal Affairs.
It is clear from the court decision that the whole composition of the board tried to attract the DIA. Kravtsev – as chairman, Burov as a shareholder, as well as acting chairman of the board Alexey Podlesnov and board members: Alina Burova, Margarita Sakhnova And Alla Pakinawho was also the chief accountant of the organization. In addition, Kravtsev, Sakhnova and Podlesnov were members of the so-called Big Credit Committee of the bank.
The DIA considered the allocation of loans to companies as losses inflicted on the bank through the fault of the defendants. Mercury-L LLC, “Aston”, “Electro Harness”, “Arzu”, “Tellus”, “Pegasus” And “Beta-Stroy”, which was regarded as obviously irrevocable. DIA qualifies borrowers as “technical legal entities”. DIA considered Vladislav Burov responsible for the bank’s debts, since all the above organizations were part of GC “Bouquet”whose owner was also Burov.
But the arbitration, having considered the arguments of the plaintiff, noted that NVKbank, according to the rules that have existed since 2016, had to regularly report to the Central Banks, including on loans issued.
“Information about the conclusion of loan agreements with the borrowers indicated by the Agency in the application was the subject of consideration by the Bank of Russia, however, no violations of banking rules and regulations were established when concluding loan agreements,” the court decision says.
The DIA, the court also notes, did not provide evidence that the Central Bank had ever caught NVKbank in providing false reports. The bank did not find either a hidden filing cabinet or complaints from customers as of March 10, 2020, that is, a couple of months after the license was revoked.
The procedure for granting loans in NVKbank, as in any other, is strictly regulated, the regional arbitration notes, even the DIA does not deny this fact.
– The court did not establish that when approving the issuance of loans by the management of NVKbank JSC, there were signs of their obvious irrecoverability, taking into account the security provided, the positive credit histories of the borrowers, the document says.
All borrowers, the court established, sent loans for economic activity. They could not repay them, not because they were not going to, but because from some point they could not do it. The financial problems of each borrower are a separate subject, the lender is definitely not to blame for them. The arbitration also refused to consider debtors as “technical legal entities”.
There is an obvious difference between the court decision regarding NVKbank and enterprises from the Solnechnye Produkty holding, which, again, is an asset of the Buket group. When Rusagro Group of Companies Vadim Moshkovichwhich bankrupted the entire holding in bulk, assured that Vladislav Burov, as the main beneficiary, deliberately brought “Solar Products” before the collapse and the problems of the holding began to accumulate in 2014, everything was decided in favor of the plaintiff.
As part of the bankruptcy “Atkarskogo MEZ” the Saratov courts diligently drowned the owner, seeing neither tolling schemes for processing raw materials at the enterprise, nor Rusagro’s unfulfilled terms of the deal with Solnechnye Produkty. Here, the process suddenly hit a wall: the bank and its board, respectively, were not to blame for the problems of their borrowers.
Has Vadim Moshkovich, who was striving to control this bankruptcy as well, suddenly lost interest in it? Recall. that in 2021 the committee of creditors included persons obviously connected with Rusagro, after which the bank’s borrowers flew into bankruptcy one after another, but now the agricultural group is in no hurry to be active.
