Friday, October 2, 2015

“Transaero” not reached the readjustment – Kommersant

Yesterday, the country’s second largest airline “Transaero” actually finished its work. After the government, “Aeroflot” and the creditor banks were unable to agree on a scheme rehabilitation airline’s debt of about 250 billion rubles. Rosaviation forbade her to sell the tickets. The remaining passengers will take out “Aeroflot” and other companies. But the problem of settlement with creditors is not resolved, and the prospect of bankruptcy of the government is still not excluded.

Yesterday, as expected, the government and the “Aeroflot” finally refused rehabilitation “Transaero” through the sale of 75% plus one share of troubled carrier. The Board of Directors of “Aeroflot” has refused the offer “Transaero” for the purchase of a controlling stake of 1 rub., As the package was not collected on time. This was preceded by discussion of the problem at a meeting with Prime Minister Dmitry Medvedev. According to “Kommersant”, it was decided that “Aeroflot” still will not take on the debts of “Transaero” (including lease exceed 250 billion rubles.), But only ensure uninterrupted operations. In doing so, “Transaero” “will apply the procedure of gradual bankruptcy,” sources say “b” close to the situation. Yesterday the Federal Air Transport Agency has already sent “Transaero” notice to ban the sale of tickets. But the number of passengers who have bought tickets “Transaero” (sold in recent months with big discounts), is 650 thousand. Man.

The decision on the reorganization of the carrier with the participation of “Aeroflot” was actually an ultimatum proposed in early September at a meeting with First Deputy Prime Minister Igor Shuvalov (see. “Kommersant” on September 2). Sanatorium for a month managed to take control: key positions in the “Transaero” took the management of “Aeroflot”, discussed the several instances of “Transaero” in the joint subsidiary, “Aeroflot” with other companies of the group.

According to “Kommersant”, in September, “Aeroflot” used no less than 5 billion rubles. for operating activities “Transaero”. But in the end by September 28 scheme, in fact, it was broken: the shareholders of “Transaero” collected only 60% of the shares, and the creditor banks were unable to agree on the terms of debt restructuring.

Now the responsibility for transporting passengers, “Transaero” will take the other carriers. The Board of Directors of “Aeroflot” has allowed the company to use its own funds for the normalization of the situation with “Transaero” “within the established limits.” The head of “Aeroflot” Vitaly Saveliev assured that the company ensures the transport of passengers or refund if the flight “Transaero” will be canceled.

Operational control “Transaero” is still run by the General Director of the company, said yesterday the Minister of Transport Maxim Sokolov. Who occupies this position Dmitry Saprykin, formerly deputy director of Sales and Property of “Aeroflot”. According to the minister, “Transaero” will continue to work, “the carrier’s license has not been withdrawn,” in addition to “Aeroflot”, “free of the burden of the carriage of passengers” are ready to take on the “Siberia”, “UTair”. Mr. Sokolov said that the option of withdrawal of the license (this, apparently, is the certificate of the operator) is possible “if the company is declared bankrupt, or are other factors that will require this government regulation,” but “as long as it’s not necessary.” The minister explained that the issue of bankruptcy – the exclusive competence of the creditors, but it is against the carrier has not received such complaints. The card file arbitration cases registered applications for bankruptcy “Transaero”, but there are claims from FK “Opening” at 1.3 billion rubles. and Alfa Bank for $ 11.35 million. The judgments handed down on them is not.

It is estimated that in the beginning of June, the total debt of “Transaero” 260 billion rubles. debts to banks amounted to about 85 billion rubles. The largest lender – VTB (12.7 billion rubles.), Among them also the Savings Bank, MKB Novikombank, Absolut Bank, MTS Bank and others. Yesterday VTB declined to comment, Sberbank (must be rehabilitation consultant) to the request “b” have not responded. According to Maxim Sokolov, “major lenders behave properly, but a large number of creditors.”

Banks, according to “Kommersant”, feared scenario of a possible bankruptcy of the carrier. “It is not clear why the decision on the fate of” Transaero “discussing not the lenders, and the government with one of the competing companies, and creditors know about the results of the media. The position of” Transaero “has deteriorated significantly, when it replaced the management team,” – he says top manager of one of the creditors. He is supported by another banker, “are the claims that creditors have rejected the restructuring plan, but we have no one discussed, although the bulk of the creditors’ position has been expressed in letters to the government.”

But to start bankruptcy proceedings is not so simple. This can be done as a matter “Transaero”, and its creditors. “The head of the company is obliged to file for bankruptcy within 30 days after the company became insolvent, or he may be personally liable for the obligations that arise after this date,” – explains the head of the practice of bankruptcy law firm “Pepeliaev Group” Julia Litovtseva. The lender initiates the bankruptcy by an effective court decision on recovery of debt in the amount of 300 thousand. Rub. a delay of performance of more than three months. “But if the bank initiates the bankruptcy on the basis of the loan agreement, then it is not necessary to pre-judged, but only for 15 days prior to the filing of the bankruptcy petition publish a notice of intent in the Federal Register of information about the facts of the activities of legal entities,” – draws the attention of Ms. Litovtseva.

Destiny “Transaero” has caused concern and tour operators. Yesterday ATOR published an open letter to the Ministry of Transport, the Ministry of Culture, Federal Air Transport Agency, which requested that the provision of guarantees for passengers in the event of a negative scenario they would be provided transportation by other airlines. According to the source “b” in the industry, in October and paid for tickets sold over 420 thousand. Passengers “Transaero”, almost half – tourist flights. Chapter Infomost Boris Rybak said that the proportion of “Transaero” in the market was about 15%, but part of it was artificially caused by dumping and the departure of “Transaero” from the market it will disappear. The company remained a monopoly on routes in Kazakhstan and Israel, but are able to work other companies, he said.

Elizaveta Kuznetsova, Anna Zanin, Julia Lokshin


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