In accordance with the resolution of the Pecherskiy District Court of Kyiv dated 26.09.2019, the State Bureau of Investigations carries out pre-trial investigation in criminal proceedings No. 62019000000001107 regarding the auctions for the sale of the 5-billion dollar pool of Delta Bank`s assets as security for which are the production complexes of the companies Ilyichevsk Oil and Fat Industrial Complex JSC, Ilyichevsk Grain Port and Odesa Fat and Oil Products Integrated Factory PJSC
As noted, this pool of Delta Bank loans (UAH 4.9 billion) was first traded eight times at British and Dutch auctions in the ProZorro.Sale system, but no buyers were found. The assets were subsequently transferred to DebtX for sale. On March 6, 2019, the auction resulted in the determination of the winner, FC Sky LLC, which offered UAH 906.2 million. However, as reported by Deposit Guarantee Fund, the signing of the agreement with the winner did not take place due to the decision of the District Administrative Court of Kyiv on the claim of FC Oktant, which did not participate in the auction. Then the pool of assets was put up for re-auctions on the DebtX platform for four more times, but only two companies took part in each of the last four auctions, and no new participants showed up. These auctions were held according to the "Dutch model", i.e. the price was gradually decreasing. During the fourth auction on 07.06.2019 FC Sky LLC, which in March offered UAH 906.2 million for the asset, stopped trading at the price of UAH 182.5 million.
It is worth mentioning that the results of the auction on 07.06.2019 were finally cancelled by the Guarantee Fund at the insistence of the NBU (which is pledged with a part of assets from the respective pool - by UAH 2 billion.)
According to Finbalance, on 14.08.2019 the Commercial Court of Kyiv refused to satisfy the application of Financial Company Sky LLC on taking measures to secure the claim (in case No. 910 / 10438/19) by arresting and prohibiting the sale of Delta Bank`s assets that were part of the aforementioned 5-billiard pool of Delta Bank`s assets.
As part of this dispute, FC Sky LLC (the ultimate beneficiary is Andrii Verevskyi) requested the court to overturn the Deposit Guarantee Fund`s decision dated 09.07.2019 to cancel the results of the auction on the sale of Delta Bank`s assets dated 07.06.2019, and to recognize the agreement between Financial Company Sky and Delta Bank on the assignment of the rights of claim, which were realized at the respective auction.
However, in the end, in August, FC Sky LLC withdrew its lawsuit.
On September 24, 2019 Deposit Guarantee Fund planned to hold one more auction on sale of the disputable pool of Delta Bank assets (in the course of the auction the price decreased to UAH 995.4 mln), but no buyers were found in the end.