Against the company Respect, which insured the risks of developers from the PTK-30 Group of Companies, a bankruptcy claim has been filed. On the consequences for Novosibirsk equity holders, – in the material of RBC Novosibirsk

What are the chances of equity holders of the PTK-30 Group of Companies to achieve insurance payments

. HC PTK-30 built several residential complexes in Novosibirsk. The LCD “Business Quarter”, “Your Choice”, “Seasons” and “Rainbow” remained unfinished. Most of the companies of the PTK-30 Group of Companies are in bankruptcy.

The heads of PTK-30 Vladimir and Anton Konovalov were charged with fraud on an especially large scale. We are talking about houses on Volkhovskaya Street. The investigation materials indicate 15 victims with the amount of damage to 20 million rubles. We are talking about apartments in rented houses that were in pledges near Sberbank. Vladimir Konovalov is under house arrest, and his son is in a pre -trial detention center. The arrest was extended until May 8. According to the Sibleaks.com website, on February 19, another criminal case on fraud was instituted against Konovalovs. According to the publication, it is associated with the theft of the municipal land on Vsorzhezhnaya Street.

RBC Novosibirsk appealed to the Deputy Minister of Construction of the Novosibirsk Region Alexei Kolmakov with a request to comment on the judicial conflicts of the PTK-30 Group of Companies with the Insurance company Respect , which, by law, should be financial liability to equity holders.

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The Agreement Agreement with VKOPKT was concluded by Avanghardstroy LLC (developer of the LCD Seasons in the Kirovsky district on Sorge St.), LLC Partner-Invest (developer of the LCD Business Quarter in the Zaeltsovsky district. Dusi St. Kovalchuk), Viakon LLC “Rainbow Project” (developer of the Rainbow residential complex in the Volkhovskaya St. in the Leninsky district of Novosibirsk), LLC PTK Stroyinvest (developer of the LCD “Your Choice” in the Oktyabrsky district of Novosibirsk). The construction stopped in early 2017. Respect was the leader of the market in terms of liability insurance of developers.

“The company confirms the fact that in December 2018 it was excluded from the register of companies allowed for civil liability insurance of developers,” Novosibirsk was told to RBC in the insurance company.

First, the Director General of Respect, Alexander Artamonov, at a press conference in Novosibirsk, reported that the company is working on a scheme with which the insurer could have completed the PTK-30 objects. Artamonov expressed hope for constructive interaction with the regional authorities. The Governor of Travnikov called it strange that the completion is presented as a gift, while this is the direct duty of the insurance company.

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The issue of insurance payments to Novosibirsk went to the judicial plane. Last year, several cases were heard in the Moscow Arbitration Court on a lawsuit from insurers against PTK-30 to invalidate an object insurance contract based on the alleged intent of the company's co-owners, Vladimir and Anton Konovalov, to bankrupt the companies. IC Respekt won these cases and filed an application with the Moscow arbitration for the issuance of a writ of execution, however, the arbitration not only refused it, but also canceled the decision of the arbitration court. Representatives of the regional Ministry of Construction took an active position in these processes.

Previously, a similar situation was with IC Respect in Vologda, when the developer Stroyindustriya went bankrupt, more than 300 people suffered. Respect considers the bankruptcy of the Vologda developer to be “deliberate” and consistently defends its position in courts, losing most of the claims. RBC Vologda experts called the only right tactic for equity holders an individual appeal to the court demanding the recovery of damages from the sum insured. According to RBC, the city court of Vologda has already made one and a half hundred judgments in favor of equity holders, but Respect has filed appeals against most of them. “Both Russian legislation and judicial practice in such cases are on the side of equity holders,” RBC was told in a law firm.

“The position of the insurer regarding the fraudulent actions of the developer LLC Stroyindustriya, as well as the facts of abuse of power that led to the bankruptcy of this construction organization, remains unchanged. The insurer intends to continue to prove its case by all means permitted by law, ”commented the current state of affairs in IC Respekt.

At the end of December, a criminal case was opened against the director of the insurance company Alexander Artamonov on the situation with Stroyindustriya under Part 1 of Art. 201 of the Criminal Code of the Russian Federation (abuse of authority). According to the Prosecutor General's Office, Respect does not pay more than 540 million rubles. on 387 insured events. Artamonov denied this information, but did not name the amounts of payments. The company announced its intention to protest the initiation of a criminal case.

“Currently, OOO Insurance Company Respekt does not operate in the civil liability insurance market for developers,” confirmed Alexey Kolmakov, Deputy Minister of Construction of the Novosibirsk Region. “At the same time, the license of the insurance company has not been revoked and it is obliged to fulfill the obligations assumed earlier.The Ministry does not have any information that would indicate the inability to fulfill the insurance company of its obligations at present. ”

At the end of December, the Arbitration Court of the Ryazan Region from Vologzhanin Khokhlov received an application for bankruptcy LLC Insurance Company Respect. In the March court hearing, representatives of the insurance company reported that Khokhlov’s debt was repaid and asked for the procedural replacement of Khokhlov with LLC SK Respect.

Currently filed claims for joining the process as creditors of more than a hundred individuals, another 150, another 150 intention said to do this. The next hearing in the case in the Ryazan arbitration is scheduled for April 2.

LLC Insurance Company Respect is registered in Ryazan. In January, insurers decided to change the region and move to Krasnodar. In 2018, the company's founders are Russtroyproekt LLC and LLC UK Development-Real Estate. According to the contour. Focus ”, the final owners of the company are Yuri Varlakhin, Mikhail Bartovsky and Anna Zorikova, as well as the Avanus Investments Limited (Cyprus). Respect SK received a loss of 249.8 million rubles for the first time in seven years. against profit of 583.9 million rubles. A year earlier. For three and a half years, the VK “Respect” insured the civil liability of developers for 9315 objects.

The leading lawyer of the Siberian Law Company LLC Vladimir Elizarov told RBC Novosibirsk that the situation is forcing equity holders in whose favor the insurance compensation should be made to the register of an bankrupt insurer. “At the same time, until the payment of insurance compensation, they also have the right to apply to the register of the developer demanding the transfer of a dwelling,” added the expert. “I think it is advisable to work in both directions, since the prospects for receiving money from both the developer and from the insurer in such a situation are quite vague.”

According to Elizarov, in such cases, the inaction of equity holders only exacerbates the situation, not even giving them theoretical chances of receiving apartments or compensation for losses. “Since the legislation and judicial practice in recent years have been developing in the direction of protecting the rights of equity holders, there are chances for active equity holders, in my opinion, there are. The main thing is not to miss the deadlines for submitting requirements and act in all directions, ”the lawyer said.

Added:

Representatives of LLC SK Respect provided RBC Novosibirsk with an official comment on the situation.

“LLC“ SK “respect” is a financial and resistant company and continues to fulfill its obligations in accordance with the concluded insurance contracts.

The company was not going to and is not going to go into any of the procedures in the bankruptcy case, but intends to continue to fulfill the obligations assumed.All lawsuits indicated in the material are ordinary procedures associated with the activities of any major organization.

Currently, all insurance organizations, including LLC “Respect”, are preparing for the procedure for transferring portfolios to the Fund for Protection of the Rights of Citizens participating in shared construction, which will further determine the fate of the completion of each of the problematic objects. ”