"Daughter" of GAP "Resource" redeemed the debts of a large agricultural enterprise in Mari El

In COURT, representatives of Tokarevskaya argued that Mariyskoye could not independently ensure the safety of property due to the significant number of items of expenditure for maintaining the enterprise's performance. "Tokarevskaya" referred to the actual suspension of the production activities of "Mariyskiy" and the deterioration of the state of the entire property complex. However, the court points out that the company has not yet been declared bankrupt and has not even been subject to a monitoring procedure. In addition, there is no evidence of a violation of the safety of property or other losses to the creditor. 

“In essence, the requested interim measure involves the seizure of all the debtor’s property with its transfer to the possession of a single creditor on the terms of paid storage,” the court noted. They came to the conclusion that it was inadmissible to restrict the debtor's rights to own and use property, since the debtor continues to conduct economic activities, and the creditor did not provide evidence to the contrary. If the property had been transferred for safekeeping, "Mariyskoye" would have completely lost the opportunity to carry out activities, the court emphasized.

The local media wrote about the difficulties of the Mariy in 2022. Then they reported about the likely closure of branded stores, linking this to allegedly existing problems at the enterprise. The company refuted the information, arguing that only rented unprofitable points are being closed. In "Mariysky" "Kommersant" was told that the enterprise was bought out, and now it is "another organization." The administration of the Medvedevsky district of the republic, where the poultry farm operates, noted that the enterprise “already changed its name” and it “works differently,” without disclosing details.

"Mariyskoye" was founded in 1972 as a poultry farm. In 2019, the output amounted to 16.3 thousand tons of poultry MEAT and 11 thousand tons of MILK. The company also manages 5 thousand hectares of arable land and a chain of stores. The company's revenue in 2022 is estimated at 1 billion rubles. (one and a half times less than a year earlier), a loss of 955 million rubles. (five times more than in 2021).

The application for bankruptcy of "Mariysky" was filed in October by the department of the tax service for the republic. At the same time, the regional branch of the Russian Agricultural Bank and two other companies decided to join the case (the applications have not yet been considered). In January 2023, Tokarevskaya announced the procedural succession according to the claims of the Russian Agricultural Bank to Mariysky and five guarantors. Debt in the amount of more than 920 million rubles. (secured by collateral) was formed under loan agreements of 2020-2022: a penalty is already charged on them. In March, the court partially satisfied the requirements of the Resource structure for the introduction of interim measures, forbidding the bailiffs to sell the seized property. Now Mariysky has enforcement proceedings in the amount of more than 40 million rubles.

Denying interim measures, the court pointed out the inadmissibility of restricting the debtor's rights to own and use his property, since he continues to carry out economic activities, draws attention to the member of the Association of Lawyers of RUSSIA Maria Spiridonova. “The requested interim measure involves the seizure of all the property of the debtor with its transfer to the possession of a single creditor on the terms of custody,” she adds. Due to the fact that the applicant did not provide evidence that the debtor does not ensure the safety of property, or that he takes actions to alienate property, or otherwise inflicts losses on the creditor, it is extremely unlikely to get a review of the judgment in the appellate instance, Spiridonova believes.

The executive DIRECTOR of Rincon Management, Konstantin Korneev, says that there should be no difficulties in integrating the asset into the Resource business. “For milk, production volumes usually correspond to sales. It cannot be stored indefinitely (if it is not dried) and the delivery radius is small. So, most likely, the company has an appropriate customer base for marketing milk. In the meat sector: this is the volume that the infrastructure of GAP Resource can handle without any problems and restrictions,” Korneev commented. According to him, the main risk that is currently present in the industry is biosecurity: not all technological solutions and drugs are currently available. “Given the scale of the Resurs company, this deal is not very significant for it.