One of the shareholders of Silvinit, Anatoly Lomakin (according to unofficial information, during the summer his shares were redeemed by the company's new owners Zelimkhan Mutsoev and Anatoly Skurov) became a victim of fraud. In June, the businessman had about 0.6% of the shares Silvinit 'worth 1.3 billion rubles stolen on a false passport. Mr. Lomakin wants to recover the funds from 'Silvinit' and its registrar. But the Moscow Arbitration Court rejected the businessman to consider the claim. As a result, the money should probable be returned by insurers.
The Moscow Arbitration Court refused to examine the claim of the shareholder of 'Silvinit”, Anatoly Lomakin, against the company and its registrar, the court’s site says. The application filed by Mr. Lomakin, on December 10, 2010, reported on the theft of his shares in 'Silvinit”. As a source of Kommersant said who is familiar with the contents of the claim, Anatoly Lomakin claimed that as a result of fraudulent actions of unknown persons about 0.6% of ordinary shares Silvinit was illegally written off from his personal account. In particular, the thieves used a fake passport of the businessman, and then tried to sell securities through the brokerage BrokerCreditService. As follows from the statement of Anatoly Lomakin, theft of shares took place in June 2010, and he learned that there was no equity in the account upon receipt of documents for an extraordinary general meeting on Sept. 25, 2010. According to the interlocutor of Kommersant, Mr. Lomakin immediately appealed to the registrar for information about the actual number of shares in his account. As it turned out, from 111 thousand shares of 'Silvinit' belonging to him only about 50 thousand shares remained on the account. After that, Mr. Lomakin appealed to law enforcement agencies, and the theft was prosecuted on October, 7. Silvinit - the largest producer of potash in Russia. In August 2010, 47% of his shares were bought by Duma deputy Zelimkhan Mutsoev and co-owner of the coal company 'Sibuglemet”, Anatoly Skurov. According to Kommersant's information, they bought those packages from the former general director Peter Kondrashov and Anatoly Lomakin. Cost of the package, according to unofficial sources, was about $ 2.5 billion. According to Anatoly Lomakin, his damages should be jointly and severally indemnified by the Issuer (Silvinit) and the registrar (JSC “Kompyutersher Registrar'). However, the final decision on the degree of responsibility of each of them must be defined by the court, a source of Kommersant said. Mr. Lomakin estimated the damage is at 1.3 billion rubles. (The sum was calculated on closing prices at the time of the theft, yesterday the package was worth of 1.37 billion rubles). Silvinit received the statement of Mr. Lomakin and assured that they are assisting both to him and law enforcement authorities in resolving this situation. Anatoly Lomakin appealed to the court in Perm with a similar lawsuit, but the claim has not been considered yet. However, according to the source of 'Kommersant', based on judicial practice the registrar shall insure his liability, so the damage suffered from fraudulent acts of third parties is likely to be paid by the insurer. Managing partner of the Bar 'Muranov, Chernyakov & Partners” Alexander Muranov notes that cases of such thefts of shares are common, they are happening with papers of large and small companies. Lawyer believes that Anatoly Lomakin has all the chances to have the cost of the shares refunded. According to Mr. Muranov, perhaps, the court refused to take action, as the requirements had been stated incorrectly. At the same time head of corporate law firm Sameta, Olga Snitserova, was surprised that Anatoly Lomakin required reimbursement of funds. In her opinion, it would be logical to seek reinstatement of the shares and to recognize the transaction of selling them worthless.
Kommersant № 3 (4544) on 13/01/2011