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Funds from pensiongroup Yevgeny Novitsky trying to regain the license in court. Lawsuits against the Central Bank in arbitration addressed the First national pension Fund, NPF Metallurgists and commercial and Industrial pension Fund
Information about filing claims NPF Metallurgists, commercial and industrial pension Fund First national pension Fund to the Central Bank are contained in the files of arbitration cases. The essence of the claims in the court documents was not disclosed, but a source close to the pension to the group a former shareholder of Sistema Yevgeny Novitsky, told RBC that the funds expect to challenge the regulator’s decision to revoke their licenses.
Information was confirmed by a top Manager of one of the funds, filed a lawsuit, as well as a market participant familiar with the court proceedings. The first court session is scheduled for the end of August. The representative Nowicki declined to comment. In a press-service of the Central Bank stated that it did not comment on the lawsuits considered in courts.
As previously wrote RBC, in June, the regulator revoked the licenses NPF Zerich”, “Ural financial house”, “the Mechel-Fund”, “the First national PF and NPF Metallurgists for violations of the pension legislation in terms of orders pension savings”, as well as requirements for information disclosure. Later, the Central Bank deprived of the license and commercial industrial PF also part of the group Nowicki, with the wording “for repeated violation of requirements for dissemination, the provision or disclosure of statutory information”, and also for failure to provide information to the FIU.
According to the Bank, on March 31, 2016 the total assets of the six funds totaled about 31 billion rubles, including pension savings — RUB 17.3 billion of All clients NPF was 335 thousand.
The participants of the market ambiguously estimate chances of the funds to return the license. “It’s a hopeless endeavor given the fact that the court always takes into account the actual situation in the NPF, which revoked the license,” — says CEO of consulting company “Pension partner” Sergey Kolesnov. According to him, the jurisprudence is that even if the Fund has been able to challenge the legal side of the case, the court may take into account the fact that the regulator was not satisfied with the quality of the funds ‘ assets with a revoked license. As an example, he cites the story of the litigation NPF “Industrial”, which in August 2014, the Central Bank withdrew the license for violation of requirements to provide information. “The judge upheld the decision of the regulator in force as took into account that the Fund has revoked the license because he lost a significant portion of the assets,” says Kolesnov.
According to the newspaper “Vedomosti”, the “Industrial” placed the pension funds in settlement accounts in the investment Bank. After the revocation of the license of the Bank to his Bank accounts lost about 240 million rubles of pension savings.
Top Manager of a large pension Fund believes that the return of the license have a chance at Trading-industrial PF who mainly worked in the market of voluntary pension provision. “Judging by the wording of the Central Bank, claims to the Fund, the regulator was purely formal. About the quality of the assets in the release, the Central Bank said nothing,” — he said. Market participants do not exclude that the Fund’s management may try to negotiate with the regulator, that they returned the license with the condition that the Foundation will continue to work with pension reserves. “About the largest Fund Nowicki, First national”, you can forget, there are already launched liquidation”, — he said.
“As a rule, to challenge the actions of the controller and the DIA is at this stage unrealistic. Such precedents in the market”, — considers ex-the head of the NPF, who lost his license in mid-2016. According to Sergey Okolesnova, filing claims in court is a different objective. “It’s just a PR-move, which aims to whitewash the top management, which pressured the depositors and shareholders”, — he said.
“I do not think that the shareholder seriously hopes to save its pension business. He simply does not have the funds to replace the problematic assets, as required by the regulator,” says a source familiar with the situation in the funds Nowicki.
He recalled that on a similar algorithm and managers in other large pension group, controlled by the banker Anatoly crank. In August 2015, the regulator has revoked the license of five of its funds, and in September of the same year, one of Motylev NPF “Sberfond Sunny beach”, tried to challenge the decision of the Central Bank in arbitration court. However, it ended literally at the initial stage; the court leaves the statement without movement of the NPF, because the plaintiff has not provided documents on payment of the required fee.
Advisor to the President of the NAPF Valery Vinogradov recalled that while the only Fund that managed to challenge the regulator’s decision and to regain the license remains NPF “Empire”. In March 2013 he had a revoked license for providing false information and failure to perform the requirements of the regulator. In June 2013, the court overturned the decision FSFR on cancellation of the license.