RBC South has figured out how the reorganization of FC Kuban will take place and what is behind this process
May 5, it became known that the leadership of the "Kuban" sent to the players of the team a notification that they are transferred to the new Company (with their consent) with the preservation of the former terms of employment contracts and all concluded contracts. Those who do not agree with the translation will be able to demand early execution of the employer's duties and compensation of losses in court.
The purpose of the reorganization in the documentб signed by the general director of the club Gennady Krapivka, is the creation of a "more effective management system" for the teams "Kuban" and "Kuban-2", performing in the National Football League and the Professional Football League respectively.
"I do not think that the reorganization should somehow touch us. Nevertheless, in the first place, this is a matter of management of the club. For our part, we see that the situation is not simple, but the leadership is looking for ways to resolve it, trying to create favorable conditions for the functioning of the team. I think the steps taken are just this order, "Sergey Bendz, defender and captain of the Kuban football club, commented to RBC South.
According to him, now yellow and green are focused on the sports component - in the remaining four matches, the "Kuban" has a chance to rise in the table, and the players are ready to make every effort to achieve this.
According to SPARK, at present half of the non-commercial JSC "Football Club" Kuban "belongs to the local administration, represented by the State Property Fund of the Krasnodar region. Another 49.9% owns CJSC “Isk-Invest”, a subsidiary of LLC “Industrial Union of Kuban”, owned by Grigory Saakyan and Karlen Hayrapetyan.
The current general director of the club Gennady Krapivka is the founder and sole owner of LLC "Management Company" Football Club "Kuban". The general director of the company is Anton Skvortsov, the TIN of which coincides with the data of Vladislav Beletsky (formerly head of the KFH "Index" in the Kushchevsky district of the Kuban and the Krasnodar "Mislim groups" LLC).
What, where and why will they reorganize
As explained by RBC South in the press service of FC Kuban, the reorganization takes place in the form of a spin-off, which provides for the creation of a new legal entity. At the same time, the newly formed legal entity will be the legal successor of the NAO "Football Club" Kuban "".
"Taking into account the fact that several football teams carry out their training and competitive activities within the Kuban club, it was decided by way of reorganization to optimize the expenses for their provision. According to our economists, this process will partially reduce costs, "the yellow-green spokesman said.
This information is confirmed by lawyers, interviewed by RBC South.
"When discussing the reorganization of FC Kuban, we can assume that it is the units of the company responsible for the effective sports training of football players, management, financial development and legal services, with one simple goal - to increase profitability," commented the senior lawyer of the National Law Company “Mitra" Roman Adilkhanov.
One team - one name
Previously, the media repeatedly appeared on the possible bankruptcy of the "Kuban", which would lead to a loss of the opportunity to use the current name of the club. It even called a possible new name - "Kuban 1928", under which the yellow-green ostensibly had to again seek the right to play in the Football National League. The club management and representatives of the regional authorities have repeatedly denied these reports.
It is known that changing the form of ownership will not entail a forced "rebranding" of the oldest football team in the Krasnodar region.
"In case of reorganization, the current legislation will allow the new LLC to keep the name" Kuban "on the Russian football map," the club emphasizes.
As the club's curator, the vice-governor of Kuban Andrey Korobka, commented on RBC South, "no one is interested in the" Kuban "ceasing to exist."
"Reorganization is a way to save the club, one of the options for his participation in the Russian championship. A lot of work has already been done to undergo this reorganization. But more needs to be done - this is licensing for the next year. As I said, we are going to this step to preserve the club, "he stressed.
FC Kuban also promised in the process of reorganization to "strictly follow the norms of civil legislation, which provides very strict guarantees for securing the rights of creditors". All the obligations will be fulfilled in the terms established by law, assured the press service of the club.
According to Alexey Golubev, managing partner of the law company "Private Group", creditors of the football club should not worry, since the reorganized legal entity will be responsible for the obligations of its predecessor - regardless of the way of reorganization.
According to public information, appearing in the file of arbitration cases and on the website of the Federal Bailiff Service, the debt of the football club "Kuban" to creditors is more than 450 million rubles. At the same time, almost 180 million rubles of the total amount of debt falls on mandatory payments for taxes and fees, as well as insurance premiums.
Only in 2017 The Arbitration Court of the Krasnodar region satisfied claims for recovery of debts from FC Kuban for a total of more than 41 million rubles. A number of lawsuits are currently under consideration. Among the creditors of the club are the Kuban Energy Retail Company, Novorossiysk poultry farm, Uspensky Saharan, Krasnodar Territory State Hotel Complex, Trud Sports Complex, the state budget institution Football School and even Football Club Afipse ".
At the same time not all creditors of the club have already received official notifications about the appearance of a new legal entity that will pay debts.
So, in GUP KK "Hotel Complex" (operates the Krasnodar hotel "Platan") they told that they are "aware" of the reorganization, but no documents from the club has not yet been.
"For the first time I hear about the reorganization in FC Kuban, we received no notifications about this. We are in touch with the leadership of the club, they promised to repay the debt to us, but did not specify the terms for repayment, "Valery Poddubnov, director of the State Institution of the FC" Sport School for Football "told RBC South.
Two billion and a lot of strange
"Looking back at the number of court cases, initiated against FC" Kuban "for the period 2015-2017, it can be assumed that the amount of FC Kuban's arrears is not announced at the moment in court, in fact several times more than declared," notes Adilkhanov from the National Law Company “Mitra”.
At the end of January, the governor of Kuban, Veniamin Kondratiev, for the first time announced the total amount of the debt of Kuban - 2 billion rubles. According to him, some of the debts "are subject to doubt, whether they were actually or partly fictitious."
"As soon as the new investor Michel Litvak tried to get into the full funding of the team, take real steps, right away the claims from the creditors - and I don`t want to give an assessment, the real debts or the fake ones - that he primarily pays these debts. With such debts, it is difficult to find an investor who will immediately pay debts and now finance it, "the head of the region told the KubSU students.
In November 2016, the investor of the Krasnodar Kuban was the chairman of the board of directors of Oteco, Michel Litvak. It was reported that the businessman received a controlling stake, while the administration of the Krasnodar region remained a blocking stake.
In January 2017 there was information that an agreement had been reached between Litvak and the leaders of the Kuban to allocate 300 million rubles before the end of the 2016/17 season. However, according to RBC South, these funds in the club have not been listed.
It is known that Litvak has already conducted an audit of the financial condition of FC Kuban in order to find out the nature of the arrears.
"The current financial situation in the club, especially with regard to debts, is incomprehensible to him from the point of view of their origin. He is ready to pay for what is understandable, but what is written on paper, and for papers other than debt, nothing stands, for him it is unclear. For this, he will not pay, "Kondratiev said in February 2017.
"Broken Bench"
In FC Kuban emphasize that the reorganization does not mean the mandatory bankruptcy of the current legal entity.
"Reorganization and bankruptcy are two completely different procedures. The first depends on the will of the club itself, the second - on the discretion and requirements of our creditors. In any case, we take all measures to avoid bankruptcy, try to agree with our creditors and resolve all issues, as they say, peacefully, "the club's press service explained.
The procedure for bankruptcy of FC "Kuban" was initiated in early April 2017 on the application of the Federal Tax Service of Russia No. 4 for Krasnodar. According to the materials of the regional arbitration, the tax authority requests that more than 288.4 million rubles be included in the register of creditors' claims. The application was left without traffic until May 10 due to lack of documents.
Then the application for joining the bankruptcy case of the NAO "Football Club" Kuban "" was submitted by LLC "Rostov Management Company". The amount owed to the company is 55 million rubles. This statement the Arbitration Court of the Krasnodar region left without motion until May 15 in connection with its improper registration.
According to experts, to say that the "Kuban" through the reorganization managed to avoid bankruptcy, it is too early.
"Given the financial situation that now exists in the football club, it is possible to predict the very obvious and justified negative legal consequences of the bankruptcy procedure initiated against FC Kuban. The number of applicants for declaring the club bankrupt - and later creditors in the bankruptcy case - will grow with a geometric progression, "Roman Adilkhanov, a senior lawyer with Mitra, said.
As the expert notes, significantly reduces the creditworthiness of the company and the fact that the size of the charter capital of FC Kuban is 100,000 rubles, and the total amount owed to creditors is hundreds of millions.
Negative impact on the situation and the ongoing dispute in the Arbitration Court about the seizure of a land plot of more than 40 hectares from FC Kuban, at which the club intended to build a training base. Legal claims are currently claimed by two plaintiffs in two different cases: the territorial administration of the Federal Property Management Agency of Krasnodar Region and the administration of Krasnodar. In June 2016g, at the request of the mayor's office, the regional arbitration seized this land plot located in Karasunsky inner city district on the Parusnaya st.
But even the recognition of FC Kuban as a bankrupt does not mean that the club will cease to exist or creditors will not receive the payments due to them, Igor Tomilin, Managing Partner of Privevesi Group, recalls.
Firstly, at any stage of the bankruptcy case, it is possible to end the dispute with the world, which will lead to the termination of proceedings in the case. Secondly, the law on bankruptcy gives the right to any debtor, in agreement with creditors and the court, to begin the procedure of recovery without terminating current activities. This will allow to reorganize the business and optimize it, finding opportunities to pay off debts.
"Even in the most pessimistic version, there are many ways to continue the existence of the football club" Kuban ", saving the fans for the fans," - concluded another managing partner of the law firm Alexey Golubev.
Past and present
From the season-2011/12 season-2015/16 Krasnodar "Kuban" played in the Russian Football Premier League.
At the end of the season-2012/13 yellow-green achieved the best result for themselves in the championships of the country, taking the fifth place in the Premier League and for the first time having won the right to represent Russia in European competition. In the League of Europe "Kuban" reached the group stage, where she finished third in Quartet A, losing in the fight for a place in the playoffs of the tournament of the Spanish "Valencia" and the Welsh Swansea City.
In the season-2014/15 Krasnodar first reached the Cup final of the country. In the decisive match for the second most important trophy of Russian football, "Kuban" lost in extra time to the Moscow "Locomotive".
Following the last championship of the country, "Kuban" lost “propiska” in the elite division. In the Premier League draw Krasnodar took the 13th place, and in the play-offs for the place in the elite of Russian football lost Tomsk "Tom", which took the fourth place in the championship of the Football National League.
In the current season of the championship of the FNL "Kuban" after 34 meetings with 46 scored points in the asset is located on the 11th line in the standings. From the fourth place, giving the right to play in the play-offs for a place in the Premier League for the coming season, the Krasnodar club is separated by seven points.
In April 2016 the investor of FC Kuban - co-owner of the Ukrainian metallurgical company Industrial Union of Donbass Oleg Mkrtchan - donated 50% of the shares owned by him to the administration of the Krasnodar Territory (owns another 50%).
As the vice-governor of Kuban Nikolay Doluda explained, this happened in connection with the situation in Ukraine, where Mkrtchan lost his business.
Materials were taken from the Internet portal of RBC.
