FINANCIAL AND CREDIT INSTITUTIONS

FINANCIAL AND CREDIT INSTITUTIONS


Our team has conducted more than 1000 successful trials before courts of all instances, including insurance, loan, bank account, management of client funds in the futures markets, purchase and sale of securities, cession, investment in oil fields, etc.
The Firm is experienced in advising clients on legal regulation of the securities market, currency and tax legislation, banking and insurance law, regulation of subsoil development, trade and energy.
We also advise clients on legal regulation of the securities market, currency and tax legislation, banking and insurance law, regulation of subsoil development, trade and energy.
Until 2012, "Kovalev Tugushi and partners" law firm was accredited by the State Corporation Agency for Restructuring of Credit Organizations (ARCO), the State Corporation Deposit Insurance Agency (DIA), and Sberbank of Russia.

Practice Foundation

Our Firm's legal team first gained experience in bankruptcy back in 1990's, participating on behalf of creditors in the bankruptcies of the following banks: Gloria Bank, Kredobank and Inkombank.

Their key experience in 2002 included asset recovery through the liquidation of SBS-Agro, one of the largest Russian banks at the time. For two years we supported the bankruptcy trustee in recovering assets. As a result, more than 50 trials were held (for overdue debt recovery under loan agreements in several constituent entities of the Russian Federation involving both commercial organizations and state authorities), including in the Supreme Arbitration Court, which greatly influenced and contributed to the development of law enforcement practice.

In 2007, the Firm was actively engaged in accounts payable collection, disputing troubled transactions and recovering assets of the largest commercial bank in St. Petersburg: St. Petersburg Bank for Reconstruction and Development (SPBRD). Total amount claimed: RUB 1 bln.



Ratings

ratings

  • KOMMERSANT 2023
    • Finance & Banking: Resolving Key Disputes in the Banking, Investment and Insurance Services (Band 1).
    • Finance & Banking: Advising leaders in the finance and banking sector (Band 1).
  • KOMMERSANT 2023
    Personal rating in "Finance & Banking": Sergey Kovalev (2023).

Selected Experience

Selected Experience

  • Legal support of the personal bankruptcy proceedings of a former shareholder and chairman of the Management Board of a large Bank. A potential amount of claims sought by creditors, including possible demands of the Bank for the recovery of damages and an asserted claim is more than RUB 397 billion.
  • Representation of Client's interests in the Moscow Arbitration Court under a lawsuit for the reimbursement of loss against the management of Promsvyazbank PJSC in the amount of RUB 282 bln.
  • Represents the client's interests in the dispute: charge of RUB 104 bln. withdrawal from Bank.
  • Representation of interests of a group of companies in disputes with a large Russian bank for the recovery of debt under loan agreements. The amount of debt under the agreements including penalty: RUB 11.5 bln.
  • Protection of interests of a former member of the management board of a commercial bank in a case with regards to bringing to subsidiary liability. The amount of outstanding claims of Debtor's creditors: RUB 9 bln.
  • Defense against the challenging of a marriage contract between the Client and its wife by a large bank. The cost of the property (shares and participation interests in companies, real estate, works of art, etc.) distributed under the marriage contract: RUB 5 bln.
  • Defense of a former bank shareholder (representative of Forbes 2019 short list) against recovery of damages. Amount in dispute: RUB 113 bln.
  • Foreclosure of the Bank's shares pledged under the Eurobond issue with a valuation of RUB 19 bln.
  • Represented a major real estate developer in a dispute over the Bank's claim for invalidation of transactions amounting to RUB 5.4 bln.
  • Comprehensive representation of a former president of the Bank in a dispute on bringing to subsidiary liability for the amount of RUB 6 bln.
  • The partners of the law firm are experienced in representing the interests of a major Northern Irish bank as a bankruptcy manager in interrelated bankruptcies, and in the accompanying commercial and corporate disputes in the territory of the Russian federation. In the course of implementing protective measures, management control over the bankruptcy proceedings was restored, multiple transactions to strip the debtor of its assets to a total of over EUR 2 billion were challenged, and pledged assets of the bank were protected. The project was implemented in 12 jurisdictions: Ireland, Northern Ireland, Cyprus, Czech Republic, Ukraine, Belize, Panama, Sweden, Hong Kong, UAE, Liechtenstein and Russia. As part of the project, a decision of the high court of justice of northern Ireland was recognized and enforced by the supreme arbitration (commercial) court of the Russian federation; arbitration (jurisdiction) clauses were challenged; corporate control was restored; claims were included in the creditors' lists; opponents to whom the right of claim had been unlawfully assigned were excluded from the company registers; managers were dismissed; transactions were challenged and general support for the bankruptcy proceedings was provided.

Personal Experience

Personal Experience

  • Mr. Sergey Kovalev, managing partner of the Firm, was the legal committee member of the largest Russian self-regulatory organization in the financial market "National Association of Stock Market Participants NAUFOR". He participated in drafting documents regulating the Russian stock market: in particular, documents regulating depository, brokerage and trust management activities.
  • During 2000's Mr. Kovalev acted as an expert in drafting and reviewing legislative acts:
    - commissioned by the Moscow City Government: he analyzed the legal status of the Committee for Registration of Real Estate Transactions and provided recommendations on possible amendments to legal acts regulating its activities.
    - in the process of reforming the Ministry of Railways of the Russian Federation.
  • Mr. Sergey Kovalev, managing partner of the Firm, was also a member of the Expert Council under the Ministry of Justice of the Russian Federation for monitoring law enforcement in the Russian Federation.
  • Mr. Kovalev created rules (regulations) for depository activities and packages of agreements on brokerage, depository services, trust management of securities with procedures for participation in trading on MICEX and RTS for Russia's largest investment holding company.

Key Contacts

Key Contacts

  • Mr. Sergey Kovalev
    Managing Partner, PhD in Law, Attorney-at-law

    Sergey is a recognized practitioner with vast experience in the areas of dispute resolution, bankruptcy and distressed assets recovery in Russia.
    s.kovalev@ktaplaw.ru
    CV
  • Mr. Dmitry Tugushi
    Senior Partner, Attorney-at-law

    Dmitry has more than 20 years of experience in dispute resolution focusing on complex corporate disputes and construction disputes.

    d.tugushi@ktaplaw.ru
    CV