The bankruptcy trustee of Arkhangelskoye LLC Ivan Sinyaev asks to bring the organization to subsidiary liability in the amount of 2.5 million rubles. The petition was sent to the regional arbitration, the court is going to consider it on February 7.
Arkhangelskoye received a loan from the Venture Fund in the amount of 13.5 million rubles to launch the production of animal feed. With these funds, the company leased equipment and began work, the capacity of the enterprise in 2017 was 60 tons of feed per day. But the company failed to make a profit, and in April 2020, the equipment supplier Landleasing LLC filed a bankruptcy lawsuit against it with claims for 735.3 thousand rubles. In December of the same year, the venture fund wished to become one of the creditors with claims for 13.1 million rubles, separately indicating that this debt was secured by a pledge of the company’s property.
From the materials of the court it is clear how the cooperation between Arkhangelsky and its investor developed. From the statement of the Venture Fund itself, it followed that in 2016 it acquired a stake in the authorized capital of the LLC, the amount of investment funds for the development of the company amounted to 13.5 million rubles. In August, the founder of the company, Denis Samarov, concludes a deal with the Venture Fund for the purchase and sale of a share in the authorized capital for 16 million rubles. According to him, he buys a share from the fund, and as security he pledges a production building in Bazarny Karabulak and the right to lease a land plot of 0.5 hectares and equipment. Samarov had to pay 16 million rubles in monthly installments, from October 2018 to November 2020.
Until February 2019, the fund received money regularly. Then in March, instead of 500 thousand rubles, he received 50 thousand. After that, the pledged property was transferred to the fund on the basis of pledge and mortgage agreements. But disputes over property did not end there. As part of the bankruptcy, the bankruptcy trustee demanded that the mortgage agreement and the equipment pledge agreement between Arkhangelsk and the fund be declared invalid. And on December 14, 2021, the court granted his petition. Based on this, the court concluded that Arkhangelskoye LLC is not a debtor under the main obligation and did not include the Venture Fund in the register of creditors.
The Venture Fund managed to appeal against the decision to invalidate transactions with Arkhangelsk, bringing it to the cassation instance – the district arbitration in Kazan. And in September 2022, the Saratov arbitration, having reviewed the issue of property due to newly discovered circumstances, included the Venture Fund in the number of creditors.
What grounds the bankruptcy trustee has found for bringing the Venture Fund to subsidiary liability will become clear when the court starts considering the issue.
Spending “Arkhangelsk” allocated funds previously became the reason for initiating a criminal case on fraud. According to investigators, the Venture Fund was provided with incorrect data on the investment project, namely, no promised innovative technologies were used in the production of animal feed. The charge was brought against the director of the company, Vadim Yemelyanov. But the court did not find corpus delicti in his actions. The decision stood both on appeal and on cassation.
