AndSource The Moscow Arbitration Court will once again consider revoking the license from the Krasnodar YuMK Bank. The Arbitration Court of the North Caucasus District overturned the decisions of lower instances that impeded the liquidation of the Krasnodar-based Bank of the Southern Diversified Corporation LLC (UMK Bank). The Moscow Arbitration Court will consider the case to revoke the license of this credit institution in December. According to lawyers, appealing against the decision to liquidate the bank does not suspend the decision. But the bank's liquidator Fanil Yunusov notes that the former management of the financial organization does not allow liquidation procedures to be completed. However, the checks carried out by the police did not establish violations of the law. Sources of Kommersant-Kuban believe that the liquidation of the bank could be the final point for the business of its co-owner Oleg Makarevich. Bank of the Southern Diversified Corporation (UMK Bank). The decision has entered into force. Interested parties can appeal it to the Supreme Court of the Russian Federation within two months.
In May of this year, the regional arbitration overturned the decision to forcibly liquidate UMK Bank due to the decision of the Moscow Arbitration Court, which declared illegal the orders of the Bank of Russia to revoke the license from a financial organization. The Supreme Court of the Russian Federation in September of this year canceled the acts of the courts of the Moscow region and sent the case for a new trial. The Moscow Arbitration Court will consider the case to revoke the license of YuMK Bank on December 7, 2022.
As Kommersant-Kuban wrote earlier, in March 2021, the Central Bank of the Russian Federation revoked the license from YuMK Bank LLC and appointed a temporary administration to manage the organization. The reason was 92 cases when the bank did not send electronic information about the TIN of individuals representing bank clients-legal entities to the territorial division of Rosfinmonitoring.
According to SPARK-Interfax, YuMK Bank LLC was registered in 2009 in Krasnodar. The amount of capital at the end of 2019 was 2.2 billion rubles, net profit was 308.4 million rubles. The organization belongs to structures associated with businessman Oleg Makarevich. In addition, the entrepreneur owns 8% of the company's share directly.
At the suit of the Bank of Russia, in May 2021, the Arbitration Court of the Krasnodar Territory decided to forcibly liquidate YuMK Bank. In October of the same year, representatives of the credit institution successfully challenged this decision of the regulator in the Moscow Arbitration Court.
As the liquidator of YuMK Bank LLC Fanil Yunusov told Kommersant-Kuban, the claims of 109 creditors in the amount of 3.9 billion rubles. were satisfied – the organization has no debts to creditors today. “The liquidation of the bank continues, but with certain difficulties. Due to the interruption in the liquidation procedures, we currently have obstacles in access to the company's premises at 95 Uralskaya Street in Krasnodar. In addition, there has been no power supply in this bank's premises since August. To eliminate obstacles in the implementation of the liquidation procedure, I had to turn to law enforcement agencies,” Mr. Yunusov said, noting that he could not get into the bank building, since access was allegedly hindered by employees of a security company with the participation of the former chairman of the organization's board.
The press service of the Ministry of Internal Affairs for Krasnodar told Kommersant-Kuban that, on the basis of complaints received by the police, checks were carried out and legal procedural decisions were made. “No facts of violation of the current legislation have been established,” the department commented.
A Kommersant-Kuban source familiar with the situation said that YuMK Bank served a group of companies owned by its owner, Oleg Makarevich. In December 2019, a criminal case was initiated against Mr. Makarevich and his ex-wife Natalya under Part 2 of Art. 199 of the Criminal Code of the Russian Federation (tax evasion on an especially large scale). We are talking about a large tax debt affiliated with a businessman Metallglavsnab LLC. According to investigators, Oleg Makarevich registered land for third parties in order to reduce the tax base. In April 2021, the entrepreneur, as reported by the media, was put on the wanted list. According to Kommersant-Kuban's sources in law enforcement agencies, at the moment Mr. Makarevich is neither on the regional nor on the federal wanted list. The Main Directorate of the Ministry of Internal Affairs for the region and the regional TFR could not promptly comment on the status of the entrepreneur in the criminal case.
According to a Krasnodar lawyer who wished to remain anonymous, “the collapse of the bank could be the final loss for his (Oleg Makarevich – Kommersant) business. The decision to liquidate the organization has already entered into force, and I do not think that the Supreme Court will cancel this decision. Now the liquidator can go there with representatives of the police or the National Guard and find very interesting documents,” the source said.
– Kuban. “Everyone is interested in Oleg Makarevich's offshore companies, where he withdraws money, and this information can be stored in YuMK Bank itself,” he said.
According to Anton Krasnikov, partner at Sotheby law firm appealing against the decision to liquidate the bank shall not suspend its operation. “Illegal obstruction of the activities of the liquidator in this case entails bringing to administrative responsibility and imposing a fine. Concealment of any information about the property may entail criminal liability for the former owner, up to imprisonment,” says the lawyer.