The arrest of the shares of the banks in the current situation it is difficult to call reasonable, as they are separate legal entities and are not liable for the obligations of the shareholder (the state) is a principle embraced by developed countries, says the Double Bridge Law partner Sergey Usoskin.
“It is worth remembering that banks are still minority shareholders. There have already been attempts of seizure of companies, is a member of Russia, for example, according to the requirements of shareholders “Yukos”, but the courts denied these claims, as recognized by the relevant independent legal entity”, — said the lawyer.
The seizure of the shares means that banks dispose of these securities can not, and therefore, plans on selling companies can not be implemented, says Usoskin. “It is also reported that the arrest on the property of these companies. Because of this, difficulties may arise with customer service, since it is unclear whether the deal with all the cash of the banks as their property or not,” he explains.
In slozhivshiesya of the situation, Russia has several ways out of the situation. You can try to appeal the decision of the court in accordance with the Arbitration rules of the UN Commission on international trade law (UNCITRAL), said the FMG Group partner Nicholas Kolenchuk.
“This strategy was previously elected by Russia in the case against Yukos. Banks can attempt to remove the restrictions in the Ukrainian jurisdiction, oprotestovivat the decision of the Kyiv court of appeals on formal grounds, or feeding separate claims, for example, on antitrust grounds. Finally, the subsidiary banks can be given to the structures of Kolomoisky under the settlement agreement, in payment of the debt. The choice between these or other ways of resolving the situation depends on the degree of preparation of Russia for quite predicted decision of the arbitration court”, — he said.
In a press-service of Sberbank said that the Bank intends to appeal the court decision on the seizure of the stock in the near future. Also, the Bank is assured that the seizure of shares does not affect the work of Ukrainian “daughter” of customer service. “The Bank’s financial condition remains stable. The capital requirement is 2 times the norm of NBU. The Bank is able to meet all its obligations to customers”, — said the press service. VTB and VEB did not respond to a request Forbes.