Ex-deputy returns assets – Newspaper Kommersant No. 205 (7406) dated 03.11.2022
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The structures of Alexei Bogachev may lose their stake in the developer “Savelovsky City”, land plots in the elite areas of the Moscow region and almost 500 million rubles. as part of the bankruptcy case of ex-State Duma deputy Ildar Samiev. His main creditor is challenging the transfer of these assets in court in order to return the property to the bankruptcy estate and put it up for auction. The land may arouse the interest of investors, but there are risks of encumbrances, experts say.
On November 2, the Moscow Arbitration Court granted the application of the arbitration manager Ildar Samiev and invalidated the sale and purchase of 37.5% in the Cypriot Selby Holdings Ltd., which owns the developer LLC Business Park Savelovsky. The notice was published in the Bankruptcy Information Register. In 2018, this share was acquired by Labini Investments Ltd. Alexei Bogachev, whose fortune Forbes estimated at $ 700 million. Now an entry will be made in the Unified State Register of Legal Entities about the participation of Mr. Samiev in the capital of Savelovsky Business Park with a share of 37.5%, follows from the materials. Kommersant contacted Aleksey Bogachev’s Sistema bank, but did not receive a response. It was not possible to contact Ildar Samiev.
Ex-deputy of the State Duma Ildar Samiev declared bankrupt in the summer of 2021. The main creditor is the Deposit Insurance Agency (DIA) as the bankruptcy trustee of M2M Private Bank with a debt of about 5.5 billion rubles. Previously, Mr. Samiev was called a co-owner of Optima Development, which planned to build Oz Mall shopping centers in Moscow, and an investor in the elite residential complex Knightsbridge Private Park in Khamovniki. In 2017, a criminal case was opened against him on suspicion of real estate fraud in the Moscow region.
“Business Park” Savelovsky “” – the design company of MR Group, led the construction of the Savelovsky City complex in the Butyrsky district of Moscow, follows from the data of Nash.Dom.RF. In total, six houses were built with a total area of more than 86 thousand square meters. m. In MR Group, “Kommersant” did not answer.
A share in Savelovsky City is not the only asset of Alexei Bogachev, which he may lose during the bankruptcy of Ildar Samiev. In mid-October, the court also invalidated transactions for the sale by the debtor of three plots in the village of Zhukovka near Moscow with a total area of 3.5 hectares, which also went to the structures of Mr. Bogachev. In addition, 231 million rubles were recovered from the businessman. for the use of other people’s money. Bendersky and Partners (representing the interests of the DIA) add that on December 12, the court will consider the issue of declaring illegal transactions for the alienation of eight plots in Timoshkino in the urban district of Krasnogorsk, reclaiming them from Alexei Bogachev’s possession and collecting 226 million rubles from him.
Bendersky and Partners say that all these assets were alienated from Mr. Samiev on the eve of bankruptcy, and the judicial mechanism allows them to be returned to the bankruptcy estate. Mr. Bogachev still has the opportunity to challenge the court’s decision. According to Valeria Tikhonova, senior lawyer for Vegas Lex bankruptcy projects, a businessman can try to prove the absence of harm as a result of transactions, the purpose of which is to cause his debtor’s creditors, awareness. “If the defendants can prove at least one of these elements, this should lead to a refusal to recognize the transaction as invalid,” the lawyer points out.
If this does not happen, the assets returned to Ildar Samiev can be sold during the auction, and the proceeds will be used to satisfy the requirements of creditors, the DIA said. Bendersky and Partners calculated that then it would be possible to pay off the claims of creditors in the amount of more than 3 billion rubles – this is about 80% of the first stage of the register.
The managing partner of the Meta group, Maxim Leshchev, does not exclude that interested parties may appear for a stake in Savelovsky City, but he warns that it will be about “buying a pig in a poke.” A serious audit will be required, but even this will not protect the buyer from debt obligations, he points out. And Mr. Leshchev calls plots in Zhukovka and Timoshkin potentially valuable, but warns that demand for them may be limited due to encumbrances.
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