
According to Infox.ru , the lenders of the former Group Miras released an open letter, which indicates that Sergei Polonsky in violation of his obligations to creditors derives assets at a multiple of low value. Thus, one of the owners of Loan Participation Notes (LPN), who wished to stay unknown, said that one of the companies included in the Potok 8 group (former Mirac), without coordination with creditors at a low price, sold the building in which the editorial office of the Literary Newspaper is located. Lenders believe that this is nothing more than the withdrawal of assets, authorized by the Polonsky himself, hiding, according to the media, for several months in Cambodia.
As the authors of the letter indicate - holders of debt securities of the Potok 8 group of companies, without the consent of creditors, a deal was carried out to alienate real estate owned by CJSC Kostyansky 13, which is part of the Potok 8 group at the address: Moscow, TsAO, Kostyansky per. 13, p. 1, with a total area of 4,695 sq.m. At the same time, CJSC Kostyansky 13 is a guarantor of restructured debt obligations of the Potok8 Group of Companies (Loan Participation Notes / LPN) and, accordingly, as a guarantor, unrevocably and undoubtedly obliged all his property, the structures of the Potok8 group of companies for 15 billion rubles. and percent of their use.
According to the authors of the letter, in accordance with the credit agreement signed by the Potok8 group of companies in early 2012, the group of the group, including CJSC Kostyansky, 13, until the full execution by the Potok8 group of companies, do not have the right to alienate the real estate belonging to them, as well as to make other transactions.
So, in the spring, the Potok8 group of companies estimated for creditors CJSC Kostyansky 13 at 120 million US dollars, and the real estate transaction belonging to Kostyansky CJSC, was carried out four times lower than the market, and was also not agreed with creditors. Therefore, as the authors of the letter indicate, the transaction cannot be considered legal and can be regarded as the withdrawal of property in order to receive funds in favor of the former owner of the Potok8 group of companies - Sergey Polonsky, which is currently hiding in Cambodia.
The authors of the letter, as notes infox.ru, also warn all creditors of the Potok 8 group of companies, a buyer of this real estate, counterparties, as well as all interested parties about the possible consequences of recognizing this transaction insignificant with subsequent restoration and possible bankruptcy of the Potok8 group of companies. Also, according to the authors of the letter, creditors will take all possible actions to protect their rights and bring to criminal liability of persons involved in this transaction under Part 4 of Art. 159 of the Criminal Code of the Russian Federation fraud on especially large sizes and under Art. 196 of the Criminal Code of the Russian Federation deliberate bankruptcy.