Stockholders can’t be sure their shares are safe, Concern Kalina’s stockholder’s lawyer says

16 April 2012 (09:28)

‘Concern Kalina does not offer its stockholders a hundred percent guarantee that their shares will be safe; in fact, the shares could actually be used for some illegitimate transactions,’ Yulia Kulikova, the lawyer of Concern Kalina’s shareholder Igor Platonov, explained to UrBC after Sverdlovsk Region Arbitration Court had rejected Platonov’s claim in the course of the hearing.

Now Platonov placed his claim against VTB Registrator with Sverdlovsk Region Arbitration Court, demanding that the entry made in his account 6838, opened in the name of Igor Ivanovitch Platonov, be declared invalid. According to this entry, 2,844 ordinary registered shares of Concern Kalina (5th share issue, serial number 1-05-30-306-D, face value 70 RUR apiece) were written off the register of registered securities owners. Platonov also wanted to have these shares restored in his personal account in the register.

The plaintiff said he was the concern’s shareholder. VTB Registrator was the issuer’s registrar. From the register statement the plaintiff found out that 2,844 shares of the issuer were written off his account on November 15, 2011.

The register provided the plaintiff’s account statement for the period between February 25, 2011 and December 6, 2011 that stated that on November 10, 2011, some unidentified party provided the registrar with Platonov’s application for a change in his personal data. So on November 14, 2011, the changes in the plaintiff’s personal account details were made.

The registrar was also presented with a transfer order that was used to arrange a purchase and sale agreement that transferred the ownership rights over the shares to another party; the contested shares were written off the plaintiff’s account and transferred into the account of National Settlement Depository.

Since he neither wished for nor arranged these deals, Platonov appealed to the arbitration court, asking to declare the said entry in his account invalid.

‘We certainly disagree with the court’s ruling and are disappointed with Kalina and Unilever RUS’s standpoint. We had expected them to support their stockholder. We hope they will change their mind. Some unidentified party had signed the documents in the presence of the registrar using a fake ID. Even though this was admitted by all the parties to the case, the court still did rule the way it did,’ Platonov’s lawyer says.

VTB Registrator provided the court with the plaintiff’s account statement that says that on November 10, 2011, some unidentified party provided the registrar with Platonov’s application for a change in his personal data and on November 14, 2011, the changes in the plaintiff’s personal account details were made.

‘We intend to go all the way through with this case,’ the lawyer said.


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