The Prosecutor’s office is interested whether Privatbank unfroze the accounts of the companies of Surkis for $300 million

Все про економіку та фінанси

On November 7, Holosiivskyi district court of Kyiv city within the criminal proceedings No. 42019000000001832 (dated 22.08.2019) satisfied a motion of the prosecutor’s office of Kyiv city and provided temporary access to the documents, which are in Privatbank:

1. Statements of accounts of a number of companies (which were associated with Surkis, - ed.) - Camerin Investments LLP, Sunnex Investments LLP, Tamplemon Investments LLP, Berlini Commercial LLP, Lumil Investments LLP, Sofinam Investments LLP.

2. The documents and information on receiving and execution of the following documents by Privatbank’s officers:

- decisions of Pechersk district court of Kyiv city dated 09.02.2017 in case No.757/7499/17-ц;
- decisions of the Court of Appeal of Kyiv city dated 20.04.2017 in case No.757/7499/17-ц;
- resolutions of the state enforcement officer of Sobornyi department of the State enforcement office of Dnipro city of the Main Territorial Department of Justice in Dnipropetrovsk region concerning enforcement proceedings No.53527745;
- resolutions of the state enforcement officer of Pechersk district department of the State enforcement office of Kyiv city of the Main Territorial Department of Justice in Kyiv city concerning enforcement proceedings No.53527745, No.59932557, No.60201912.

3. The documents concerning conversion of the transferred funds of the persons, associated with the bank, in foreign currency through own currency position into hryvnia at the rate of NBU on the date of introduction of temporary administration in Privatbank on 19.12.2016.

As Finbalance wrote, the above-mentioned decision of Pechersk district court of Kyiv city dated 09.02.2017 in case No.757/7499/17-ц satisfied a motion of Camerin Investments LLP, Sunnex Investments LLP, Tamplemon Investments LLP, Berlini Commercial LLP, Lumil Investments LLP, Sofinam Investments LLP (“named after” Surkis): within security for their claim the court ordered Privatbank and its Cyprus branch to properly perform deposit agreements, concluded with the plaintiffs, including but not limited, in the part of performance of obligations for accrual and payment of interests by deposit accounts of these persons, and also use/disposition/repayment/disbursement of monetary funds, allocated on the correspondent, deposit, current, card or any other accounts of these persons in Privatbank and its Cyprus branch to the judgment on the merits.

This court decision concerning actual “unfreezing” of the funds of the mentioned structures named after Surkis was determined within their claim against Privatbank, its chairman of the board and Ministry of Finances for obligations to make actions – perform deposit agreements, concluded between these companies and Privatbank and its Cyprus branch (in the part of use, possession and disposition of monetary funds).

According to unofficial data, the specified funds could be involved in the bail-in operation in Privatbank (compulsory conversion of funds of the associated persons into capital during nationalization).

In courts the Ministry of Finance tried to consider deposit agreements between Privatbank and six companies, which were associated with Surkis: Camerin Investments LLP, Sunnex Investments LLP, Tamplemon Investments LLP, Berlini Commercial LLP, Lumil Investments LLP, Sofinam Investments LLP, as terminated.

On 20.04.2017 the Court of Appeal of Kyiv city upheld the decision of Pechersk district court of Kyiv city dated 09.02.2017 (in case No. 757/7499/17-ц).

Before then – on 03.03.2017 – the state enforcement officer determined a decision on enforcement of an executive proceedings No.53527745 for execution of this decision of Pechersk district court of Kyiv city dated 09.02.2017.

On 08.11.2018 the Supreme Court refused to initiate cassation proceedings on cassation claim of Privatbank against the decision of the lower courts in case No.757/7499/17-ц, by which Privatbank was denied to satisfy a motion for cancellation of a resolution of Sobornyi department of the State enforcement office of Dnipro city concerning enforcement of the executive proceedings No.53527745 dated 03.03.2017.

On 25.07.2017 the district administrative court of Kyiv city within the case No.826/1317/17 satisfied a claim of Camerin Investments LLP, Sunnex Investments LLP, Tamplemon Investments LLP, Berlini Commercial LLP, Lumil Investments LLP, Sofinam Investments LLP against NBU, Guarantee Fund, Ministry of Finance and Privatbank about consideration of decision and obligation to make actions as illegal.

The text of the relevant resolution is confidential. However, the fact of making such decision became known from the accompanying court materials on this case. They noted that within their claim the mentioned structured asked the court, in particular, to consider illegal and to cancel:

- decision of the NBU’s commission on issues relating to identifying persons, associated with the bank, and test of transactions of the banks with such persons No.105 dated December 13, 2016 about identifying the plaintiffs, associated with Privatbank;

- order of the temporary administrator of Privatbank No.22 dated 20.12.2016 “On the ban of debit transactions from the accounts of the associated persons” in the part referring to the rights and interests of the plaintiffs concerning stop/blocking/termination or any other limitation of performance of debit (expense) cash and/or non-cash transactions by deposit or any other accounts;

- order of the temporary administrator of Privatbank "On agreement of terms and conditions of sale of insolvent bank PJSC Commercial bank Privatbank dated 20.12.2016 No.2893 in the part referring to the rights and interests of the plaintiffs.

As Finbalance wrote, in accordance with the decision of Pechersk district court of Kyiv city dated 12.09.2017, the Central Investigation Department of the General Prosecutor’s office conducted pretrial investigation in the criminal proceedings No.42017100000000558 into abuse of official position by the executive officers of the Ministry of Finance, NBU, Privatbank and into failure to execute the decision of this same court dated 09.02.2017 by them.

According to court materials, the investigators established that the companies Camerin Investments LLP, Sunnex Investments LLP, Tamplemon Investments LLP, Berlini Commercial LLP, Lumil Investments LLP, Sofinam Investments LLP concluded deposit agreements with the Cyprus branch of Privatbank for a total amount of more than USD 300 million. “These days the agreements are not executed, percents under these agreements are not paid and the accounts are extinguished”, - it was said in the court decision dated 12.09.2017.