HOSTILE TAKEOVER OF INTERLEASEINVEST
In September 2014 Interleaseinvest LLC had been raided. The group of intruders forged the documents concerning the change of owner and director of Interleaseinvest and made changes in the public register.
Description and chronology
Interleaseinvest LLC's losses after corporate raid
Criminal proceeding's materials
Courts' decisions copies
Translation of copy image

In September 2014 Interleaseinvest LLC had been raided. The group of intruders forged the documents concerning the change of owner and director of Interleaseinvest and made changes in the public register.

Two forged documents were the basis for upcoming action: protocol and fake contract of sale of the company`s sale made in a simple written form with forged signatures and forged stamps. In accordance with falsified documents, 19 years old Cherednichenko Nikita is a Head of Interleaseinvest LLC since 27 September 2014.

On 8 October 2014 unidentified armed assailtans seized the main office of the company in Kamenskoe (Dniprodzerzhynsk until 2016), Dnipro region, with all documents and property.

In a matter of days raiders had changed the place of registration of Interleaseinvest LLC and transfered 99% of shares to offshore company Vesta Services Limited, registered on British Virgin Islands. At the same time, 99,99972% of shares in Interleaseinvest LLC with statutory fund of 71 million hryvnias were resold for 100 000 hryvnias with a deferred payment for 3 years.

The legal owners and the company's management have immediately applied to authorities and courts to protect the enterprise. EBRD was also informed about illegal activities.

As at September 9, 2016 Interleaseinvest LLC was recognized as an aggrieved party in the framework of criminal proceedings.

Central Investigation Department of General Prosecutor's Office of Ukraine has started a pre-trial investigation on hostile takeover of property of Interleaseinvest LLC. They found out an involvement in criminal offences of Gennadiy Korban`s closest around. The charge on suspicion of committing offence provided by paragraph 3 article 206-2 of the Criminal Code of Ukraine was brought against representatives of raiders. The indictment was referred to the Court for consideration on the merits.

Litigation in Ukrainian Courts was held for more than year and a half. As a result, the decision by the Commercial Court of Dnipro Region (3 December 2015), the court order by the appeal body of Commercial Court of Dnipro Region and court order by the Supreme Commercial Court of Ukraine have renewed the rights of a legal owner of Interleaseinvest Ukraine B.V. and director suspended by raiders, namely, Constantine Mysakov.
The total cost of property damage been done to Interleaseinvest LLC by raider's action's amounted to $10,1 million dollars + 920,9 million Hryvnias + 232,8 Hryvnias. According to exchange rate on 1st June 2017 that sum amounts to approximately $54,6 million dollars.
Interleaseinvest LLC's losses after corporate raid

Within a period from the end of September 2014 to March 2016 the company Interleaseinvest and its rail wagons stock (2387 pieces) were under the management of illegal owners. During this period of time the wagons were exploited and generated a huge profit (10-12 million USD) for raiders. However, the EBRD loan and interests incurred weren't maintained.

After regaining of the control over commercial activities of Interleaseinvest LLC and conducting the audit, it was found, that the debts incurred by the loan agreement with the EBRD increased by 10,1 million USD mostly because of creditor's sanctions and as at 1 March 2016 it was 80,7 million USD.

Moreover, in accordance with independent auditor's calculations the price of company's net assets within a period from 30 September 2014 to 1 March 2016 decreased by 920,9 million Hryvnias and was 1,1 billion Hryvnias. And the amount of lost income was 232,8 million Hryvnias.

In conformity with the article 22 of the Civil Code of Ukraine, the damages include losses incurred by a person as a result of destroying or damaging thing as well as expenses, which a person has incurred or must incur in order to restore its violated rights (real losses), incomes that a person could receive under ordinary circumstances if his/her/its right would have not been violated (the lost profit) which shall be recovered.

According to the article 1166 of the Civil Code of Ukraine, property damage resulted from illegal decisions, acts or inactivity towards personal non-property rights of a physical or legal entity as well as damage inflicted to the property of a physical or legal entity shall be indemnified in full by a person that inflicted it.
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