2024-06-19 18:32:33
After the liquidators within the insolvency proceedings in opposition to the non-public property of Signa founder René Benko filed a lawsuit and issued a short lived injunction in opposition to Benko’s mom Ingeborg as the primary founding father of two non-public foundations, the primary ruling has now been made: as a consequence of The District Courtroom of Sbrouk has granted the plaintiffs’ legal professionals a short lived injunction permitting Benko’s mom to take action in order that their founder’s rights can not be exercised to the identical extent.
It’s believed that the mom of the 2 non-public foundations is barely “pretending”, whereas former billionaire Rene Benco is definitely the “financial founder” who all the time retains management and has the so-called (as highlighted , allowed) “topic”. On account of the present choice, Benko’s mom is not allowed to make any adjustments to the muse assertion or the 2 basis charters, explains Daniel Tamerl, a lawyer at CHG Legislation Agency in Innsbruck, CHG Legislation Agency The agency additionally consists of insolvency administrator Andreas Grabenweger, on whose behalf the agency has filed a civil lawsuit in Innsbruck on Wednesday. Ingeborg Benko is now prohibited from doing so until she does so “in coordination with a 3rd get together,” that’s, as suspected, in collaboration together with her son. The 2 foundations – specifically the Laura Non-public Basis in Innsbruck and the Inber Basis in Vaduz, Liechtenstein – are “successfully frozen”.
The interim injunction is now in pressure and Benko’s mom can enchantment in opposition to her at the moment restricted powers to train her rights. Nonetheless, the short-term injunction solely impacts that a part of the proceedings associated to Benko’s mom’s failure to train her founder’s rights. Nonetheless, this isn’t the case with the second a part of the motion – that the founder’s rights ought to vest within the chapter or receiver. This have to be determined in the primary proceedings and should take a number of years to finish all circumstances. “I do not anticipate that to occur till three or 4 years from now,” defined Trustee Grabenweger.
That is all for now, there’s some dangerous information for Benko, however there’s additionally some excellent news: this authorized dispute has no affect on the “basis functions” of the 2 foundations in the meanwhile, and the managers nonetheless haven’t any direct energy. . At the very least not till the civil regulation case is legally determined. In line with Tamerl, Grabenweger and regulation agency founder Dietmar Czernich, the aim of the muse is to offer for family members. Though Rene Benco (not like his mom) doesn’t look like a beneficiary of a basis, it’s suspected that he was, so to talk, benefiting by means of his mom’s detour.
“Our competition is that Benko was entitled to offer directions to his mom. His mom was required to take action in accordance with an inside settlement. A written settlement was not required; it may very well be finished orally. Nonetheless, for our functions the suitable to offer directions was transferred to Liquidators,” Czernich defined. Nonetheless, the latter level can solely be determined following the primary proceedings are finalized. This have to be resolved by means of battle. Nonetheless, the present “freeze” doesn’t imply that the beneficiaries – and presumably the undergraduate himself, in accordance with the lawyer – can not be “thought-regarding”. That is not fully inconsequential, in any case, Laura’s non-public basis, named following her undergraduate daughter alone, is believed to have property value three million.
When requested by APA, René Benko’s lawyer Norbert Wess didn’t need to remark in additional element on the courtroom’s choice. From his perspective, he had nothing so as to add to Wednesday’s very goal and proper reporting.
Talking of “adjustments”: These adjustments have been made shortly following Benko filed for chapter safety in late January of this 12 months. Lawyer Chernich stated this makes it “harder for third events to achieve entry.” In 2013, Benko’s mom obtained the present of Laura’s basis following her son was convicted of a legal offense.
The outstanding lawyer burdened that with the submitting of the lawsuit and the request to switch the founder’s rights to a trustee, one may “make authorized historical past” if the matter is profitable. In spite of everything, it means getting into “unknown authorized territory.” The purpose is to cease the “abuse” of such non-public foundations. These foundations themselves are allowed, however will also be “abused to cover property.” That is “very problematic” when founders “have management however on the identical time need safety from collectors.” Benko “took this to the acute” with the aforementioned reserved variations.
“The place is Benko’s wealth?” On the identical time, the liquidator himself requested this query and gave his personal reply: “The actual fact is that nobody is aware of.” “It is vitally seemingly that he has no money property.” It is usually attainable ” There might also be one thing within the offshore account.” However the “undergraduate ideas” clearly stay the identical: “He’s very blissful as a monetary proprietor.” Grabenweg stated that “the well-known villas and personal jets don’t belong to him,” however there’s all the time a basis or basis behind them. The corporate serves because the useful proprietor. Though the traders “cooperated nicely”, the chapter proceedings and the method of discovering Benko’s property have been “very complicated and time-consuming”.
Since many individuals will ask why Benko, as a “bankrupt”, can principally dwell the identical “luxurious” life as earlier than, in accordance with lawyer Czernich, the next reply may be given: It is because “property, his private life The funds required for the tactic are principally deposited in non-public foundations. For instance, there are six Lake Garda villas and a substantial quantity of gold within the Imperial Basis.
In response, the Tyrol Credit score Safety Affiliation KSV1870 stated the insolvency administrator had achieved “a phased success”. “That is excellent news for collectors,” stated director Klaus Schaller. With out the present short-term injunction, Ben’s mom might have taken steps to make it harder, if not unattainable, to acquire the property of Laura’s non-public basis sooner or later. Nonetheless, there stays a “very lengthy and unsure authorized path” earlier than the property of Laura’s non-public basis can be utilized as a “legal responsibility fund for Benko’s collectors,” Schaller stated, referring to the appeals course of in the primary proceedings. It may be exhausting.
Insolvency proceedings for Tyrolean Property have been launched on the finish of April. Thirty collectors have filed claims of round 2 billion euros. Solely 47.3 million are at the moment acknowledged.
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