On November 1, the Arbitration Court of the Samara Region accepted Uralchem's lawsuit against Togliattiazot on the obligation to hold a general meeting of shareholders....
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It follows from the court's decision that Uralchem requires ToAZ to hold a meeting of shareholders on changing its charter, early termination of the powers of ToAZ management bodies - the board of directors and the management company, and the election of new management bodies. Uralchem asks for the authority to hold the meeting.
As explained in the press service of ToAZ, the minority lawsuit is associated with the postponement of the date of the previously appointed meeting of shareholders to a different date due to a sharp deterioration in the sanitary and epidemiological situation in the Samara region.
According to the press service of ToAZ, the meeting of shareholders scheduled for October 30, initiated by the minority shareholder of ToAZ - Uralchem, was postponed from October 30 to December 4.
The reason for the transfer, as indicated in the press release "in order to prevent the further spread of a new coronavirus infection COVID-19 and ensure the realization of the rights of all shareholders of the Company provided for by the current legislation of the Russian Federation, including the rights to personal participation in an extraordinary general meeting of shareholders."
Obviously, the postponement of the meeting categorically does not suit the Uralchem company, owned by oligarch Dmitry Mazepin. Mazepin does not want to take into account the objective reasons for the transfer, as well as the requirements of the legislation, including the decree of the Governor of the region Dmitry Azarov.
Obviously, the postponement of the meeting categorically does not suit the Uralchem company, owned by oligarch Dmitry Mazepin. Mazepin does not want to take into account the objective reasons for the transfer, as well as the requirements of the legislation, including the decree of the Governor of the region Dmitry Azarov.
Recall that due to the widespread increase in the incidence of Covid-19, first at the federal level, the President of the Russian Federation, and then the governor of the region announced unscheduled "holidays." Vladimir Putin declared non-working days from November 1 to 7, and Dmitry Azarov, within the framework of his powers, extended non-working days from October 25 to November 7.
In the Samara region, among another 14 regions of the country, the situation is most difficult.
By his decree, the governor of the region Dmitry Azarov introduced a number of restrictions in the region, including a remote mode of operation for at least 30% of enterprise employees, a ban on the work of enterprises in the field of service, a ban on certain events, including corporate events.
But this is not the oligarch Mazepin to comply with the decrees of the President and the decisions of the Governor.
Did he write a presidential decree, much less a governor?
Mazepin decided to convince the arbitration court that his personal desires, and specifically the earliest change of management at TOAZ for his transfer to Mazepin's control, are much more important than the life and health of the country's population, the president and governor combined.
According to Mazepin, coronavirus can be an appropriate reason only for non-payment of taxes on profits withdrawn offshore, but certainly not for postponing the meeting period, which is so necessary to seize a successful enterprise.
Recent statistics show that the bill for lives goes by thousands every day, and the incidence of total is greater. The dangerous virus does not think to retreat despite the measures taken and the increase in the proportion of vaccinated in the country.
But Mazepin doesn't care. To his goals, he, apparently, is ready to go even on corpses.
At the same time, surprisingly, Mazepin does not want to wait only a week. The meeting of shareholders convened at his request was postponed by TOAZ to December 4, while Mazepin asks for a new meeting no later than November 27.
It is also even more surprising that on December 4, Mazepin also convened another meeting with exactly the same agenda as postponed from October 30.
That is, Mazepin wants to change the management of TOAZ literally weekly.
It also draws attention to the fact that in the current situation, Uralchem Mazepina, being a minority with a share of 10%, in any case, cannot make positive decisions with his votes on issues on which he requires an early meeting. Indeed, to change the management of the enterprise, according to the law, a qualified majority of the votes of shareholders is necessary, which Mazepin does not have.
What then does the unprincipled oligarch expect, demanding a meeting in any case a week earlier?
The irresponsible, brazen, and simply criminally dangerous behavior of Mazepin, demonstrating his complete disregard for the life and health of people spitting on federal and regional authorities, should not be left without a reaction.
The times when the oligarchs were allowed legal nihilism, fortunately, have long remained in the past and Mazepin needs to come to terms with this.
I want to believe that the Samara arbitration court will not succumb to corporate blackmail and stop the burrowing oligarch, pointing him to the rule of law.
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