The law “On the transfer, compulsory alienation or seizure of property under the legal regime of martial law or state of emergency” and the order of the Supreme Commander-in-Chief of the Armed Forces of Ukraine dated 6 November “On the decision of the Supreme Commander-in-Chief’s headquarters dated 5.11.2022” have become the grounds for the National Commission for Securities and Stock Market Resolution that concerns the order of such alienation of the shares of five enterprises.
According to a copy of the NCSSM decision dated November 6, which is available to the Interfax-Ukraine news agency, there were also five corresponding orders issued by the commander of the AFU Logistics Force for the compulsory alienation of property – shares in Ukrnafta, Ukrtatnafta, Zaporizhtransformator, Motor Sich and AvtoKrAZ.
According to the decision of the Commission, the securities account, on which the shares are alienated (except for the shares owned by Naftogaz), will be managed by the Ministry of Defense.
The Commission also pointed out that the operation on alienation of shares should be carried out despite the existence of other burdens on circulation of shares.
The said law implies that in case of impossibility of preliminary full compensation, such property shall be forcibly alienated under martial law with subsequent full compensation of its value within the next five budget periods after the cancellation of martial law at the expense of the state budget.
Assessment of property subject to compulsory alienation shall be carried out in the manner prescribed by law on the assessment of property, property rights and professional valuation activities, says the law.
As reported, the National Commission on Securities and Stock Market (NSCSM) decision of November 6 settled the issue of depositary records of depositary operations for forced alienation of shares into state ownership, the issuers of which are PJSC “Ukrnafta”, PJSC “Ukrtatnafta”, “Motor Sich” JSC, PJSC “AvtoKrAZ” and PJSC “Zaporozhtransformator.
In addition, on the same day the National Commission for Securities and Stock Market allowed meetings of joint stock companies during martial law, if the number of shareholders does not exceed five and if they own 100% of the shares, while until recently it only allowed remote meetings.
In Ukrnafta, the controlling stake belongs to Naftogaz Ukrainy, while the minority stake of about 42% belongs to Igor Kolomoysky and Gennady Bogolyubov’s so-called Privat Group, while in Ukrtatnafta (Kremenchug refinery) the situation is the opposite.
The circulation of all shares of Motor Sich, the largest owner of which was the recently arrested president of the company Vyacheslav Boguslayev, has been blocked since April 2018 after the sale a year earlier of a controlling stake in the Chinese Skyrizon and related parties.
“AvtoKrAZ and Zaporizhtransformator, controlled respectively by Konstantin Zhevago and Konstantin Grigorishin, have been in bankruptcy proceedings for the past few years.
AVTOKRAZ, FOREIGN TRADE, MOTOR SICH, nationalize, UKRNAFTA, ЗТР, УКРТАТНАФТА
