“Minister of the Treasury on June 4, 2016. Submitted to the National Prosecutor’s Office two notifications on suspicion of committing a crime referred to in Art. 296 par. 1 and 3 kk Notices relate to process the sale of 85 per cent. of the shares of furniture Emilia sp. z oo and 85 percent. shares of Coal Mine Adamow SA ” – SME reported in a press release sent to PAP.
In the case of furniture Emilia – as informs MSP – is reasonable suspicion commit an offense by entering into a contract of sale of shares below their value. The Treasury had to lose out at least 82.22 million zł, since, as had estimated the MSP, the original value of the sold shares valued at 197.36 million zł, and they were sold for 115.14 million zł.
In addition, MSP indicates that “the absence of the privatization strategy of the company meant that the memorandum was not adapted to the specifics of the company.” There was exposed the real estate company located among in attractive locations in Warsaw, in the center in Mokotów, missing estimates of the market value of the property, very briefly presented information about investments on the Company’s properties.
“the main emphasis in developed memorandum was placed on the presentation of negative financial results related to unprofitable sale of furniture. Meanwhile, the company planned to move away from the sales of furniture and lean operations at ordinance Real estate” – reported SMEs.
In the case of mines Adamow by SMEs is reasonable suspicion of committing a crime by entering into a contract of sale of the shares below their value. The Treasury had to lose out at least 88.995 million zł.
As the ministry, the book value of the mine Adams at the end of 2011. amounted to 144.6 mln zł, moreover, the company had free current assets in the amount of 65.2 million zł and was not indebted. Furthermore – like SMEs – in the years 2009-11 KWB Adamow bring a profit of 10-12 million zł.
“Originally, the value of the sold shares of the company was estimated at 156.315 million zł. SMEs commissioned further updates valuations, which in turn enabled the acceptance of the offer of the purchaser. the shares were sold eventually for the amount of 67.32 mln zł” – written in the Communication Ministry.
“team. negotiable, then Minister of the Treasury, accepted the offer of the buyer, even though the book value and the valuation of the company indicated a much higher value of the company “- added.
Art. 296 par. 1 provides that anyone who, being required under the provision of the Act, the decision of the competent authority or an agreement to deal with financial affairs or business of a natural person, legal entity or organizational unit without legal personality, by the abuse of granted permissions or failing its obligation, it causes considerable damage to property shall be subject to imprisonment from 3 months to 5 years. Paragraph 3 of this article, in turn, says that if the offender causes damage to property in large sizes, be punished by imprisonment from one year to 10 years.
In the second half of May MSP directed to the prosecutor notice of the suspected offense, process the sale of shares of companies Presspublica and movement. As said Treasury Minister Dawid Jackiewicz, suspicion concerns “in a substantial financial loss,” and is associated with an understated valuation of the shares of these companies. In the case of Presspublica Treasury estimated the damage at more than 5.5 million zł, in the case of movement – for 29 million zł.
Gregory Hajdarowicz, owner Gremi Group, which in 2011. bought 48.99 percent. Presspublica of shares, objected to the suggestion that there were irregularities in the sale of shares. “Regularity of transactions concluded by me in good faith should not raise the slightest doubt, and has been a full documented way” – he said.
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