"gray cardinal" of the Baturina empire. Oleg Soloshchansky is considering the possibility of buying out Inteco Oleg Moiseevich Soloshchansky is leaving Inteco
Top manager of the famous Russian construction holding "Inteko" Oleg Soloshchansky is trying, through the Khoroshevsky District Court of Moscow, to recover more than 18 million rubles from the owner of the Denis watch salon chain. This is part of the money that the trading company owes to Igor Dankin, one of its former co-owners and a friend of Soloshchansky. Dunkin himself is wanted by the police on fraud charges.
In court, Izvestia was confirmed that a statement from Inteko President Oleg Soloshchansky had been submitted to them for processing. The top manager demands to recover over 18 million from Evgeniy Limberger, the owner of the once large, and now debt-ridden network of Swiss watches “Denis”.
The owners of Denis explained to Izvestia that Soloshchansky speaks on behalf of his businessman friend Igor Dunkin, who is currently wanted by the metropolitan police on fraud charges and lives in New York.
“Dunkin was once a co-founder of Denis and my husband’s partner,” Yevgeny Limberger’s wife Elena told Izvestia. - The company has been operating successfully since 1992, and had 14 points of sale of watches, including five salons, and had an annual turnover of $14 million.
Evgeniy Limberger bought out Dunkin's share in the company, but was unable to pay him off immediately and paid the money in shares, from dividends. However, the company soon began to have problems, which were aggravated by the crisis that began in 2008. The company had to take out large loans at high interest rates, and owner Evgeniy Limberger had to invest his own funds. “Denis” never managed to get out of the debt hole.
“My husband agreed with Dunkin that they would sell the company and divide the proceeds,” Elena Limberger explained to Izvestia. “However, due to the crisis, it was not possible to sell it, and Dunkin began to demand his money back.
At the same time, problems began for Dunkin himself. He was a co-founder of the Xelor trading company, but it soon closed. After that, he lost all his real estate in Moscow (four apartments). Now Dunkin is a defendant in a criminal case brought against him under the article “fraud.” According to the court decision, Dunkin was left free under his own recognizance, but he fled abroad and is now wanted.
Even while on the run, Dunkin continues to demand money from his former partner: he assigned 18 million rubles of debt to Soloshchansky, and he himself asks the management of Denis for about another 118 million rubles.
“At first he demanded money by phone, and then he involved his old friend, Oleg Soloshchansky,” Elena Limberger told Izvestia.
According to Limberger's wife, at first Soloshchansky demanded money verbally, citing an agreement with Dunkin, after which he filed a lawsuit.
“Even if all the property we have is assessed, it will be a modest amount,” assures Elena Limberger.
Oleg Soloshchansky himself refused to comment to Izvestia on the situation surrounding Dunkin’s debt.
The Inteko company belonged to the wife of former Moscow mayor Yuri Luzhkov, Elena Baturina. She founded the holding in 1989. At the end of 2011, she sold the company to businessman Mikail Shishkhanov and Sberbank structures, which now own 95% and 5% of the shares, respectively. Before the change of owner, Oleg Soloshchansky oversaw the construction business of the holding.
Soloshchansky’s name was heard in connection with the conflict between Elena Baturina and her brother Viktor Baturin. At the beginning of 2012, Baturin asked the court to declare the deal to sell 100% of Inteko shares to the owner of Binbank illegal Mikail Shishkhanov and Sberbank Investments LLC. He also asked to apply the consequences of the invalidity of the transaction by restoring in the register of shareholders the entry indicating his 25% stake. However, the court refused to satisfy his demands.
Viktor Baturin, through his lawyer Igor Shabanov, accused Oleg Soloshchansky of slandering him in the situation with the attempt Baturin repay fake Inteko promissory notes. We are talking about criminal prosecution brother of Elena Baturina after he tried to cash out bills allegedly issued to him by Inteko, totaling over 171 million rubles.
Ekaterina Fadeeva
Mark Pantyuk
Dmitry Evstifeev
BiographyOleg Soloshchansky
■ Oleg Soloshchansky was born in 1965 in Krasnogorsk (Moscow region). In 1991 he graduated from the All-Union Correspondence Institute of Civil Engineering with a degree in heating engineer. In the period from 1992 to 1999, he was director of a specialized installation department; in 1999, he took the position of general director of Development and Construction CJSC, where he worked for almost three years. Since 2001, Oleg Soloshchansky has been vice president of Inteko CJSC, one of the largest investment and construction companies in modern Russia. unites a number of large diversified companies. The main activities of the company are construction, production of building materials, panel and monolithic housing construction, investment activities, and real estate business. Under the leadership of Oleg Soloshchansky, such company projects as the reconstruction of DSK-3, the construction of the Shuvalovsky residential quarter and the Grand Park complex, as well as the building of the Fundamental Library of Moscow State University on Lomonosovsky Prospekt were implemented.
What, in your opinion, are the main criteria success of the development project?
Oleg Soloshchansky: First of all, the success of a development project depends on how well the needs of potential consumers are taken into account, that is, how accurately the developer’s ideas coincide with the consumer’s expectations. Only taking into account the needs of the potential target audience can you correctly develop a project, build it in the right place, at the right time and in the right format. We live in a country with a market economy, so any product presented, be it a development project or something else, must be created taking into account market requirements.
How commercially successful? development project depends on quality architectural solution?
O.S. The successful implementation of a project is influenced by a whole range of different factors. Of course, a high-quality architectural solution is one of the most important factors influencing the commercial success of a development project, but it is by no means decisive, otherwise all developers would have long ago focused exclusively on architecture. The building must be designed and constructed in such a way as to ensure maximum comfort and functionality, in line with modern trends. 
What modern buildings have produced impressions of the last five years?
O.S. The appearance of Moscow changes every year. Other Russian cities are also developing. Believe me, I often visit the regions and know what I’m talking about. It is difficult to argue with the thesis that modern architecture is part of a common culture. Our country has very good potential, we have many talented people who are ready to work on creating a unique look for their cities. There is probably no point in listing all the successful projects, in my opinion. I will only say that recently the project of the Federation business complex has made a good impression on me. I also cannot help but note the project of a multifunctional office and shopping complex with a wedding palace, City Palace.
What does the phrase mean to you? "modern architecture"?
O.S. In my opinion, modern architecture is mobile architecture. A building based on a fresh, original architectural solution will definitely be recognizable. We can also say that if a building is built in the or style, it will always be modern.
With which foreign architects Does the company "Inteko" work?
O.S. For 2.5 years now we have been collaborating with the German architect Hadi Teherani. We are discussing some conceptual developments with the Dutch architect Eric van Egeraat and the representative of the St. Petersburg architectural school Sergei Choban, who works in Berlin. We are developing cooperation with other recognized masters of world architecture. The creation of any project for a residential building or commercial complex is always a long and painstaking collaboration between a developer and an architect. And they bear equal responsibility for the project.
On December 22, 2017, a regular meeting of the Board of Directors of INTECO JSC was held with a new composition. Let us remind you that it was formed in early November, Grigory Baev was elected chairman, who has been holding the position of head of the financial unit at PJSC BINBANK since October 2017.
At the meeting, the issue of terminating the powers of the current president of the Group, Oleg Soloshchansky, was considered. He also decided not to join the new Board of Directors of INTECO Group of Companies.
On December 25, Mikhail Yuryevich Zhukov, who has been working in the Group since 2001 and previously held the position of Vice President for Economics and Finance, was appointed President.
Grigory Baev, Chairman of the Board of Directors of INTECO JSC: “In light of the tasks that we have to solve in the near future, including in terms of ensuring the stable operation of the Group, fulfilling the Group’s obligations to the administrations of the cities where we operate, shareholders and counterparties, as well as identifying and implementing the necessary measures for its further development, it is extremely important for us It is important to maintain continuity in the management of INTECO Group of Companies.
On behalf of all members of the Council, I thank Oleg Soloshchansky for his fruitful work, especially in recent months, which have been very difficult for the entire INTECO Group, and wish him success in any endeavors.”
Oleg Soloshchansky: “The INTECO Group of Companies is, first of all, a well-coordinated team of true professionals, which has provided INTECO with an excellent reputation in the market. I am confident that the board of directors will correctly determine the future direction of the group’s development in all regions of its presence and will achieve success in implementing all planned plans.”
The Board of Directors, in accordance with the Charter of INTECO JSC, will coordinate the operational activities of the entire INTECO Group of Companies to ensure the continuity of the implementation of all current and previously announced promising projects of the Group in the real estate market of Moscow and Russian regions and make decisions on entering into new investment projects.
Sergey Martynov, Managing Director of ROST BANK JSC, member of the Board of Directors of INTECO JSC: INTECO is a strong brand, known for actually implemented projects. Therefore, we will help maintain the Group’s competitive advantages and preserve its reputation in the market. Today, INTECO Group of Companies has two brands in the field of development - INTECO and PATRIOT. They operate in different segments (INTECO – in premium, PATRIOT – in affordable), we intend to continue to develop both brands, expand the number of regions of presence, and increase the number of facilities.”
Let us remind you that 87.5% of the shares of the entire INTECO Group of Companies are on the balance sheet of JSC ROST BANK, 7.5% belong to Sberbank Investments LLC, and 5% belong to individuals.
REFERENCE
INTECO Group of Companies - one of the leading Russian developers, a recognized industry expert in the field of integrated development of territories, redevelopment of industrial zones and urban planning. Since its founding, the company has developed a range of competencies: from architectural design, management of development projects and construction to the sale and operation of real estate of any purpose and complexity.
The Group's portfolio includes more than 80 completed projects of various classes and purposes with a total area of more than 4.2 million square meters. meters. A number of facilities built by the Group were awarded a number of prestigious industry awards and today are rightfully considered iconic.
Currently in Moscow, the Group is implementing its large-scale project in the Central District - the elite complex of club houses "Garden Quarters", and is also preparing to enter the market two new residential projects in the Western District: premium class - in the Ramenki floodplain, comfort class – in the Ochakovo-Matveevskoye area. In addition, the Group is implementing projects for the construction of affordable housing in a number of regions of Russia with a total total area of more than 2.3 million square meters. meters.
The INTECO group of companies is INTECO JSC and all subsidiaries, including production and design structures.
Oleg Moiseevich Soloshchansky worked in the structures of INTECO Group of Companies since 2001, since 2011 he served as President of the Group. Under the leadership and with the direct participation of Oleg Soloshchansky, a full investment and construction cycle was created in the INTECO Group of Companies, large-scale projects for the construction of housing, multifunctional complexes and social and cultural facilities were implemented both in Russia and abroad. He is the head of the Commission on the Industry of Building Materials and Technologies of the Public Council under the Ministry of Construction of Russia and co-chairman of the Council of the National Association of Manufacturers of Building Materials, Products and Structures (NOPSM). He was awarded the titles “Honorary Builder of Russia” and “Honorary Builder of Moscow”.
Mikhail Yurievich Zhukov has been working in the INTECO Group of Companies since 2001 in various management positions - in particular, he headed the Department of Economics and Finance. Participated in the formation of INTECO Group of Companies as a full-cycle developer. From 2009 to 2012, he headed PATRIOT CJSC, which, under the leadership of Mikhail Zhukov, successfully entered the affordable housing market of Rostov-on-Don with an anchor project for the development of the Leventsovsky residential area.
Since January 2013, he served as Vice President for Economics and Finance of INTECO JSC.
NINTH ARBITRATION COURT OF APPEALS
127994, Moscow, GSP -4, Solomennoy Storozhki passage, 12
website address: http://9aas.arbitr.ru
P O S T A N O V L E N I E
No. 09AP-16335/2016-GK
No. 09AP-19030/2016-GK
Moscow Case No. A40-166186/14
The Ninth Arbitration Court of Appeal composed of:
Presiding Judge V.I. Tetyuka
Judges: B.V. Steshana, E.V. Bodrova
while keeping the minutes of the court session T.M. Sidorova
having considered in open court the appeals of Oleg Moiseevich Soloshchansky, AMORIS LLC
accepted by judge Yu.L. Matyushenkova (judge code 117-1218) in case No. A40-166186/14
according to the claim of AMORIS LLC
to Oleg Moiseevich Soloshchansky
third party: SK Strategy LLC
about the recovery of 1,438,206 rubles.
when participating in a court hearing:
from the plaintiff: Podgorny A.A. – Dov. dated January 20, 2016, Kudryavtseva A.V. – Dov. from 01/20/2016
from the defendant: Safonov A.I. – Dov. dated 07.11.2014, Savelyev S.L. – Dov. dated 07.11.2014, Galin K.A. – Dov. from 07.11.2014
from a third party: Konovalov S.S. – Dov. dated November 23, 2015, Bazhenov A.Yu. – Dov. from 11/23/2015
INSTALLED:
AMORIS LLC filed a claim with the arbitration court against Oleg Moiseevich Soloshchansky for the recovery of 1,438,206,299 rubles. 00 kop. losses. According to the plaintiff, the defendant improperly performed the duties of the head of the Company, as a result of which the Company suffered losses in the form of the difference between the actual costs incurred in connection with the construction of the Facility and the estimated cost of construction (its market value).
By court decision dated 02/04/2016. the claim was denied.
Oleg Moiseevich Soloshchansky, disagreeing with the reasoning part of the court’s decision, filed an appeal.
In his complaint, the applicant points out that the plaintiff missed the statute of limitations; the court did not evaluate this argument of the defendant.
Based on the arguments presented in the complaint, the applicant asks to change the court's decision in part, supplementing the reasoning part of the decision with an assessment of the argument that the plaintiff missed the statute of limitations.
AMORIS LLC, disagreeing with the court’s decision, also filed an appeal, in which it considers it illegal and unfounded.
In his complaint, the applicant points out that the inclusion of the plaintiff and the general contractor in the same group of persons does not indicate the absence of losses.
The applicant also points out the illegality of the court’s conclusion that the construction of the Facility was carried out under the control of the sole participant of the plaintiff and the president of Inteko CJSC E.N. Baturina.
In addition, the applicant points out that the control of the sole participant of the Company over the conclusion and execution of contracts is not a basis for releasing the defendant from liability for losses caused to the plaintiff.
In addition, the applicant points out that O.M. Soloshchansky caused losses to the Company through his actions.
The applicant also points out that when answering questions from the forensic examination, the experts determined the estimated (contractual) cost of construction of the Facility instead of the market value, in addition, the experts made significant errors during the examination.
Based on the arguments given in the complaint, the applicant asks to cancel the court decision in part, and to adopt a new judicial act in the case to satisfy the claim of AMORIS LLC.
At the hearing of the Court of Appeal, the applicants fully support the arguments of their complaints.
A third party supports the defendant's position.
The case was considered by the Ninth Arbitration Court of Appeal in accordance with Art. Art. , .
No grounds have been established for canceling or changing the court decision.
As follows from the case materials, Oleg Moiseevich Soloshchansky in the period from 06/06/2005 to 12/24/2012 was the general director of the Limited Liability Company "AMORIS".
Construction contracts No. G-001/04 dated July 29, 2004 and No. G-074/09 dated February 2, 2009 were concluded between the Company and SK DSK-3 LLC (later SK Strategy LLC (General Contractor) together with additional appendices thereto are referred to by the plaintiff as Contracts) for the construction of the Gorki-2 residential complex in the village of Gorki, Odintsovo district, Moscow region (Object).
After the termination of the powers of O.M. Soloshchansky as the General Director of the Company, at the request of the Company, an independent appraiser - LLC "AKTs Department of Professional Appraisal" - organized an internal audit of the cost of construction of the Facility, as a result of which an artificially inflated cost of work, basic construction materials and inappropriate expenses were identified. According to Report No. 01/006/1601/2 dated May 14, 2013, compiled by AKC Department of Professional Assessment LLC during an internal audit, the cost of construction of the Facility was overestimated by more than 1.4 billion rubles. (Construction Cost Report).
According to the plaintiff, the actions of O.M. Soloshchansky to enter into Contracts are not in good faith, since he knew or should have known that he was entering into a transaction on conditions that were obviously unfavorable for the Company, and did not take actions aimed at obtaining the information necessary and sufficient for its acceptance. The plaintiff believes that the actions of O.M. Soloshchansky, aimed at causing losses to the Company in the form of actual damage, were committed intentionally, and the Contracts were concluded at deliberately inflated prices.
The amount of damages is calculated by the plaintiff as the difference between the actual costs incurred in connection with the construction of the Facility and the estimated cost of construction (its market value). The total costs for the construction of the Facility (without land) amounted to RUB 4,719,520,144. 00 kop. The estimated cost of construction (without land) is RUB 3,281,313,845. 00 kop. The amount of damages, according to the plaintiff, is 4,719,520,144 rubles. - RUB 3,281,313,845 = 1,438,206,299 rub. 00 kop.
The Supreme Arbitration Court of the Russian Federation in paragraph 10 of the Plenum Resolution No. 62 dated July 30, 2013 “On some issues of compensation for losses by persons included in the bodies of a legal entity” indicated, in cases where a claim for compensation for losses by the director was made by the legal entity itself, the limitation period is calculated not from the moment of the violation, but from the moment when the legal entity, for example, in the person of a new director, received a real opportunity to learn about the violation, or when the controlling participant, who had the opportunity to terminate the powers of the director, learned or should have known about the violation, except in the case when he was affiliated with the said director.
Taking into account the above circumstances, the appellate court believes that in this case, the statute of limitations on the claim of AMORIS LLC for the recovery of damages should be calculated no earlier than from December 24, 2012, the date of termination of O.M.’s powers. Soloshchansky and the appointment of a new General Director of the Company.
At the same time, as the plaintiff indicated, the Company learned of the violation of its rights based on the results of an audit of the results of O.M.’s activities. Soloshchansky as General Director.
After the termination of powers of O.M. Soloshchansky (December 24, 2012), the new General Director of the Company conducted an audit of the effectiveness of the Company’s activities during the construction of the Facility, as a result of which the Report of LLC “ACC Department of Professional Assessment” No. 01/006/1601/2 dated May 14, 2013 was compiled.
Consequently, as the plaintiff indicated, it was on May 14, 2013 that he learned that by the dishonest and unreasonable actions of O.M. Soloshchansky, while exercising his powers as General Director, caused harm to the Company.
In addition, the appellate court takes into account the following.
When appointing O.M. Soloschansky General Director The participant was guided, in particular, by the fact that the defendant is highly qualified and is a recognized professional in the field of construction, with many years of experience in the construction market of Moscow and the Moscow region, awarded the title “Honorary Builder of Russia.”
Under such circumstances, the Participant could not have doubts about the reasonableness and integrity of O.M.’s actions. Soloshchansky when exercising the powers of the General Director during the organization of construction of the Facility.
In addition, in the materials of this case there are no documents indicating the financial control of the Participant over the construction process of the Facility. At the same time, the Participant joined the Board of Directors of the General Contractor on April 30, 2009. The last of the disputed construction contracts was concluded on 02/02/2009, that is, before the specified date.
In addition, the defendant did not adequately substantiate that the moment of completion of construction work is related to the fact that the Participant was aware of the overstatement of the cost of construction of the Facility.
Considering the above, and taking into account that AMORIS LLC filed a claim on October 13, 2014, the appellate court does not see any grounds for concluding that the plaintiff missed the statute of limitations.
Under these circumstances, the appellate court comes to the conclusion that the arguments of the complaint of Oleg Moiseevich Soloshchansky, AMORIS LLC cannot be the basis for canceling or changing a lawful and reasonable court decision.
Guided by Art. Art. , Arbitration Procedural Code of the Russian Federation, Ninth Arbitration Court of Appeal
DECIDED:
The decision of the Moscow Arbitration Court dated February 4, 2016 in case No. A40-166186/14 is left unchanged, the appeals of Oleg Moiseevich Soloshchansky, AMORIS LLC are not satisfied.
The decision of the Ninth Arbitration Court of Appeal comes into force from the date of its adoption and can be appealed within two months from the date of the decision in full in the Arbitration Court of the Moscow District.
(more details)
Banking reorganization led to a change in management at Inteko and"PSN»
In the two largest development holdings in Moscow - PSN and Inteko underwent a change in management almost simultaneously. This happened not at all because of the companies’ performance at the end of the year, but due to problems among the owners of the banks, which owned the developers. PSN was a related business for the co-owner of Promsvyazbank Dmitry Ananyev, and Inteko was for the main owner of Binbank Mikail Shishkhanov. As you know, the Central Bank took charge of the rehabilitation of these largest financial institutions.
It is no secret that financial recovery is usually accompanied by a change in top management in the organization being rehabilitated, as well as the transition of related businesses of the “saved” one to the control of the sanator. This is exactly what happened in the case of the PSN group, specializing in housing construction in the Moscow region. The developer did not officially come under the control of the Central Bank, but on December 21 it became known that the general director, Maxim Gasiev, who had worked there for 5 years, was leaving the company. According to the company itself, this was a mutual decision between the top manager and Dmitry Ananyev. “I sincerely wish the company to always look forward, see new horizons and continue to strengthen its position in the market. In a difficult market and growing competition, it is important to maintain a focus on finance, but at the same time not lower the high standard for quality,” commented Gasiev, refusing to comment on his future work plans.
The new president of PSN is Alim Geshev, little known to the real estate market, who previously, as deputy general director of the Stroyfaza company, was involved in the implementation of large infrastructure projects, in particular, the construction of the Barnaul oil extraction plant. “It is an honor for me to join the PSN team of professionals.” In five years, the company has become one of the market leaders. All current projects of the company will be completed on time. And, of course, we will continue to develop the development potential of the group,” Geshev said.
Less than a day had passed before the market was agitated by another resignation - the president of Inteko, Oleg Soloshchansky, left his post. The top manager worked in the company under the former owner of the holding, Elena Baturina, and after the richest businesswoman in Russia sold the business to the Gutsiriev-Shishkhanov family, he headed the company. As the press service of the group told SG, the issue of terminating Soloshchansky’s powers was decided on December 22 at a meeting of the Board of Directors of Inteko JSC. At the same time, the top manager decided not to join the new board, and commenting on his departure said: “Inteko” is, first of all, a well-coordinated team of true professionals, which has provided the company with an excellent reputation in the market. I am confident that the board of directors will correctly determine the future direction of the group’s development in all regions of its presence and will achieve success in implementing all planned plans.”
Let us recall that in September the Bank of Russia decided to implement measures aimed at increasing the financial stability of Binbank and Rost Bank, part of the Safmar group (formerly BIN). It was reported that the Central Bank will take part in this process as the main investor, using funds from the Banking Sector Consolidation Fund. At the end of October, Deputy Chairman of the Central Bank Vasily Pozdyshev announced that the shares of Inteko JSC were included in the list of assets transferred by the shareholders of these banks to their balance sheets. In particular, Rost Bank consolidated 87.5% of the company's shares, previously owned by various structures of the Safmar group. 7.5% of Inteko belongs to Sberbank Investments, and 5% belongs to individuals.
Due to changes in the structure of the share capital of the oldest construction holding company in Moscow, a new board of directors of Inteko was formed at the end of November. It included representatives of the Central Bank, Rost Bank, B&N Bank, Sberbank Investments and JSC Inteko. The council included six people; previously there were more. Grigory Baev was elected Chairman of the Council. Then the press service of the holding emphasized that the president of the company is an executive body and is accountable to the board, which was headed by Grigory Baev, who has been holding the position of head of the financial unit at B&N Bank since October 2017. But the new general director of Inteko is Mikhail Zhukov, who has been working in the holding since 2001 and previously served as vice president for economics and finance.
“In light of the tasks that we have to solve in the near future, including in terms of ensuring the stable operation of the group, fulfilling the holding’s obligations to the administrations of the cities where we operate, shareholders and counterparties, as well as identifying and implementing the necessary measures for its further development, it is extremely important for us it is important to maintain continuity in leadership,” commented Baev, thanking Soloshchansky for his work and wishing him success in any endeavors.
