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The failures in the TOP were estimated as a percentage
KRMD wants to fine the initiators of stalled projects by 0,01% of the announced investments
In Russia, the first court practice to terminate agreements with investors who declared projects in the Far Eastern Territories of Advanced Development (TOR) and failed to fulfill obligations to the state in the person of the managing company, the Development Corporation of the Far East Corporation (KRED), appeared in Russia. 5 July published a decision on the lawsuit KRDV to LLC "Far Eastern Agricultural Company." According to EastRussia, the following candidates for early retirement are ambitious but failed projects of Energia GC (anchor resident of Komsomolsk TOR) and Samarga-Holding LLC (a resident of Khabarovsk TOR). What penalties threaten negligent investors, found out EastRussia.
The relationship between KRDV as a managing company of the TOP and resident companies, we recall, goes to the judicial plane for the first time: how Already reported EastRussia, the first suit against the resident of LLC Epsilon-2 (No.1 in the register of residents of the TOR Komsomolsk, the company is included in the GC Energia), owed for renting a land plot in Komsomolsk-on-Amur, the corporation filed last autumn. In December 2016, the investor received 593,9 thousand sq. M. Of sublease. m land on the site "Parus", where he was to build a plant for machining parts for the local aircraft factory. But the project actually did not start, and the rent was not paid.
The KRRD demanded a debt on rent and a fine, in total more than 515 thousand rubles, and in November 2017 won the claim in the first instance. "Epsilon-2" challenged the decision, but did not pay the state fee, and the process stopped.
Meanwhile, the authorities started talking about the need to initiate early termination of agreements with residents of the TOP that do not fulfill their obligations. In April of this year, Deputy Prime Minister Yuri Trutnev, as he wrote EastRussia, named at least a dozen resident projects only in the Khabarovsk Krai, which are experiencing financial difficulties, and proposed to begin termination with the first three residents who failed their obligations. The project "Epsilon-2" was named among the alleged refuseniks.
By this time, eight companies, as follows from the register of residents of the TOP, prematurely abandoned this status on their own initiative - the process of withdrawing from preferential regimes started in the summer of 2017, - but from the side of the KRJV lawsuits about termination before the spring was not filed.
Agreements on the implementation of activities in the TOP are concluded by the KRDV with each individual resident. In the document, on the basis of which the investor is entered into a special register and gets the right to tax and other preferences, the mutual obligations of the parties are prescribed: the resident promises to implement the project in accordance with the approved schedule-schedule, the management company - to build the infrastructure of the TOP within the agreed terms.
The agreements are not available for public access, since they contain details of projects that constitute commercial secrets. But thanks to the first trial on the suit of the KRDV to the resident, which ended in the first instance at the end of June, and two lawsuits that had not yet been initiated, the model on the relations between the corporation and investors in case of inaction by one of the parties and possible sanctions for the latter.
As follows from the decision of the Primorsky Krai Court of Arbitration, published on 5 July, the KRMD filed a lawsuit on the early termination of the agreement with the resident of Far Eastern Agricultural Company (DSC), one of the initiators of the construction of milk and pork production facilities in Mikhailovsky (Primorye ). DSC, having concluded the agreement in April 2016 year, committed to the end of 2018 year to build in the TOP two dairy farms for 2,4 thousand heads and a pig-breeding complex for 108 thousand heads. The amount of announced investments amounted to 9,1 billion rubles. (3,6 billion rubles in the dairy-commodity complex and 5,5 billion rubles - in pig-breeding), of which 2,7 billion rubles. - the company's own funds.
In the period established by the agreement, the investor did not provide the project documentation to the KRD on the objects and results of engineering surveys. In September 2016, the corporation asked the resident for a report on the work performed - but did not receive it. In November, 2016 asked for a schedule of work - and also did not receive it. In January 2017 asked information - and again to no avail.
"As follows from the plaintiff's explanations, from the date of obtaining the status of the TOR resident to the present time," DSK "LLC provided a single report as of 01.01.2017, but no documentary evidence of the investments was attached to this report," the court decision says.
The patience of the management company was sufficient until October 2017, when an investor was sent a letter about violation of the essential terms of the agreement. The law on the TOR, we recall, provides for only four significant violations of the agreement, on the basis of which the KRDV can apply to the court for an early termination of the resident status of the investor. This is the "non-implementation by a resident of the activities envisaged by the agreement", within 24 months from the date of its signing, failure to submit project documentation to the management company for examination (DSC case), lack of investments in the amount and within the terms stipulated by the agreement, and opening of a branch or a representative office outside TOP.
The court asked the investor for evidence of the work performed in the TOP, but they were not presented - from the DSC to the meeting, no one came. 28 June, arbitration, having accepted the arguments of the KRDV, decided to terminate the agreement and recover from LLC "DSK" 6 thousand rubles. the court fee - there will be no other sanctions against the investor. The parties have a month to appeal this decision in the Fifth Arbitration Appeals Court.
At the same time, the DSC was even more cheaply disposed of, as the following claims by the KRWA for early termination of agreements to investors contain demands for fines. With "Samarga-holding" LLC, the corporation, as follows from the definition of the Arbitration Court of the Primorye Territory on June 21, requires 8 thousand rubles. The preliminary court session is scheduled for 599,5 July. With OOO Epsilon-26, follows from the definition of the Arbitration Court of Moscow from 2 June, the management company requires 26 thousand rubles. Preliminary consideration of the case should begin on 717,5 September of this year.
Justifications of just such sums in the court's determinations are not contained, but they lie on the surface. "Samarga-holding" undertook, according to open sources, to invest 5,99 billion rubles. in the logistics complex, "Epsilon-2" - 7,17 billion rubles. in the capacity for machining. Thus, for both investors, if they lose on the claims of the KRWA, the "exit price" from the TOP will be equal to one ten-thousandth, or 0,01% of the sums of the declared investments.
EastRussia will monitor arbitration processes with respect to investors.