Business Ombudsman Boris Titov paid a working visit to Nizhny Novgorod, where local entrepreneurs told him about the problem of obtaining premises in bankruptcy of a developer, according to the Ombudsman's website.

The problem is connected with receiving of nonresidential (office and trade) premises under share participation agreements that were entered into with bankrupted developers.

Two big developers - "Kvartstroy Center" and "Kvartstroy - NN" (a housing estate "European quarter") - are currently recognized as bankrupts.

Among shareholders are about 50 entrepreneurs with title to unfinished non-residential premises (the average price of each is about 4-5 million rubles). According to data on the Ombudsman's website, one of the businessmen, for example, intends to open a center for development and correction of children's speech, another businessman - a sambo sports school.

As stated by Pavel Solodkiy, Nizhny Novgorod business ombudsman, according to the federal law the claims of participants with regard to non-residential premises are not taken into account in bankruptcy of developer. He added that the law provides for a possibility to meet claims only in monetary form. However, shareholder entrepreneurs are included in the fourth order of creditors' claims satisfaction and it is almost impossible for them to get money back, he added.

Solodkiy added that as of 1 July this year amendments on shared construction of apartment houses came into force: now non-residential premises may be transferred into ownership within the framework of a developer's bankruptcy case, but only in accordance with a regional law that has not yet been adopted in Nizhny Novgorod Oblast.

"If local parliamentarians do this good deed without delay, businesses will thank them," Titov said.

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Author: Ksenia Gustova