RE: *UKRAINE SEEKS TO NATIONALIZE PART OF FERREXPO POLTAVA MINING21 Feb 2025 09:38
I sat and tried to look at this objectively last night and read through several pieces of the company literature and it is littered with instances of litigation, investigations, suspicions and seeking to arrest / freeze assets. In the main they all seem aimed at targeting Zhevago but it struck me how almost confetti like these were and hardly a glowing endorsement for attracting investment into any country.
I'm also definitely no corporate lawyer but this latest targeting will as I see it have a number of glaring obstacles to overcome and actually listed some of them below and suffice to say I think it will result in a lengthy and elongated process and we should see a Peace Deal and Ukranian elections and potential change happening a lot sooner.
Here's just a few of my thoughts.
1. Firstly they will need to put together a case and lodge it with the court. Sufficiently so that the court see it as a runner. That hasn't happened yet from what I can see.
2. It will have Zhevago solicitors or counsel all over it, probably as of yesterday.
3. It will also have FXPO solicitors or counsel all over it. FXPO's stated position on these and I expect them also to be onto it and dealing.
"In case of the commencement of enforcement procedures for any ongoing legal disputes, the Group will challenge every order and action of claimants or bailiffs in the court, which is expected to delay for a reasonably long period of time and block the seizure of funds and assets”
4. I also see one major stumbling block and technicality in all if this and it will probably centre around 'Legitimacy' to do as they seek. The state claim they are putting an appeal to the Court to try and nationalise the assets of Poltava, land and leases, track, railway carriages etc. Yet, they only seek the court to additionally consider at the same time transferring 49.5% of the Corporation Rights of Poltava to the state (Presumed Zhevago's). But it is 100% of these Corporation Rights, i.e. the Shareholders and the creditors who in theory own the company and all of these assets.
Following on from that - what also of
*the Yeristovo Mining and Enrichment Complex
* the Belanovo Mining and Enrichment Complex
* Offices within Ukraine
* What of all the other assets like the Ship, 49% of the port berth, canal barges. Dubai marketing office, established clients and routes to market etc etc.
It is after all a working business and going concern and there is just so much material for solicitors and counsel to get their heads around and teeth into and I haven't even touched on any appropriate legislations.
Personally on re-reading things I thought it all read premature and opportunistic.
Perhaps reassuringly though was the fact that 50.5% of the Corporation rights were not even being challenged and that I read as being where my shares are.
Feel free to add as I will no doubt have missed lots and their may also be more insightful posters with a legal or corpor