The Innsbruck Regional Courtroom granted the interim injunction, that means that Benko’s mom is now not allowed to train her rights as a founder to the identical extent, in response to the plaintiff’s legal professionals.
This implies in concrete phrases that she is now not allowed to make any modifications to the muse’s declarations or the 2 basis statutes, defined lawyer Daniel Tamerl from the Innsbruck regulation agency CHG, which additionally consists of insolvency administrator Andreas Grabenweger and which had introduced the civil go well with on his behalf, to journalists in Innsbruck on Wednesday. Ingeborg Benko is now prohibited from doing so if she does so in “coordination with third events”, i.e., as presumed, together with her son. The choice impacts the Laura Personal Basis based mostly in Innsbruck and the Ingbe Basis in Vaduz, Liechtenstein.
The interim injunction is efficient instantly, and Benko’s mom can enchantment in opposition to the now restricted proper to train her rights. Nonetheless, the interim injunction solely considerations the a part of the lawsuit that pertains to Benko’s mom’s failure to train the founder’s rights. The second a part of the lawsuit – particularly that the founder’s rights ought to go to the insolvency or chapter administrator – doesn’t. This have to be adjudicated in the principle proceedings and can “most likely take years” till it has gone by all of the courts. “I do not count on that to occur till three or 4 years,” defined chapter administrator Grabenweger.
The insolvency administrator nonetheless has no direct entry
A lot for the dangerous information for the Benko aspect, however there’s apparently additionally some excellent news: this authorized dispute has no impact on the “goal” of the 2 foundations in the interim, and the insolvency administrator nonetheless has no direct entry. No less than not till the civil regulation case has been legally determined. In accordance with Tamerl, Grabenweger and regulation agency founder Dietmar Czernich, the aim of the muse is to supply for family. And though René Benko – not like his mom – doesn’t seem as a beneficiary of both basis, it’s suspected that he’s one, virtually not directly by his mom.
“Our declare is that Benko has the authority to offer directions to his mom. His mom has to do that based mostly on an inner settlement. There is no such thing as a want for a written settlement, it might have been carried out verbally. For us, nonetheless, the precise to offer directions has been transferred to the insolvency administrator,” defined Czernich. The latter level will solely be determined following the principle proceedings have grow to be ultimate. This have to be fought out. The present “freezing” doesn’t imply, nonetheless, that the beneficiaries – and, in response to the legal professionals, presumably additionally Benko himself – can’t be “thought-regarding” any longer. This isn’t totally unimportant, since it’s suspected that property within the three-digit million vary are parked within the Laura Personal Basis alone, named following Benko’s daughter.
Adjustments shortly following submitting for insolvency
Talking of “modifications”: Such modifications had been made to the muse declarations on the finish of January this yr – shortly following the chapter petition in opposition to Benko. This made it “harder for third events to achieve entry,” mentioned Czernich. And in 2013, Benko’s mom obtained the founder’s rights to the Laura Basis – following her son was convicted of a legal offence.
The famend lawyer pressured that the lawsuit and the request to switch the founder’s rights to the insolvency administrator might “make authorized historical past” if it had been to undergo. In any case, this may imply breaking new authorized floor. The intention is to place a cease to the “abuse” of such personal foundations. Such foundations, that are in themselves permissible, may be “misused to hide property.” It’s “very problematic” when founders “need to have management and on the identical time need to be shielded from collectors.” Benko has “taken this to the acute” with the aforementioned reservation for modification.
“No one is aware of the place Benko’s property are”
“The place is Benko’s wealth?” the insolvency administrator requested the query himself and gave himself the reply: “The reality is, no person is aware of.” It’s “fairly potential that he has no money property.” It’s also potential that “one thing is in offshore accounts.” However the “Benko precept” has apparently all the time been: “He lived it up because the financial proprietor alone.” Neither the well-known villa nor the personal jet ever belonged to him, however there was all the time a basis or firm behind them because the financial proprietor, mentioned Grabenweger. Not least because of this, the chapter proceedings and the seek for Benko’s property are “very complicated and time-consuming,” even when the investor’s aspect cooperates “effectively.”
Since many individuals ask why Benko, as a “bankrupt”, can in precept dwell the identical life “in luxurious” as earlier than, the next reply will be given, says lawyer Czernich: It is because the “property he wants for his private life-style are primarily parked in personal foundations.” The Ingbe Basis, for instance, additionally owns six villas on Lake Garda and gold of appreciable worth.
“Partial success” for insolvency directors
In response, the credit score safety affiliation KSV1870 in Tyrol spoke of a “partial success” for the insolvency administrator. “That is excellent news for the collectors,” mentioned head Klaus Schaller. With out the interim injunction now in place, Benko’s mom might have taken steps that might have made it tough and even unimaginable to entry the property of the Laura Personal Basis later. Nonetheless, there’s nonetheless a “very lengthy – and unsure – authorized path” earlier than the property of the Laura Personal Basis can be found as a “legal responsibility fund for Benko’s collectors,” Schaller mentioned, referring to the enchantment course of in the principle proceedings, which can very possible be exhausted.
Chapter proceedings in opposition to the Tyrolean’s property had been opened on the finish of April. 30 collectors made claims totaling round 2 billion euros. Solely 47.3 million of those had been initially acknowledged.
