200

ZABA Annual Shareholder Assembly, April 17, 2007

 

 

200.010

200.020
Appendices to Pašk Kačinari's Counterproposals

 

 

200.030
Republic of Croatia's Constitutional Court opinion supports fundamentals of Kacinari's lawsuit against ZABA

 

 

 


 

 

 

200.010

Counterproposal by shareholder Pašk Kačinari

Document number and name

First

page

No. of pages

 

200.010.010

Pašk Kačinari's counterproposal

Pašk Kačinari challenges the legality of convening the Annual Shareholder Assembly, for the reason that the present-day assembly doesn't represent even a quarter of the bank's share capital. Therefore, in his counterproposal, Pašk Kačinari argues that there is still no legal basis for holding a legal shareholder assembly of the bank.

 



s1330a

 


 

3

 


 

 

 

200.020

Appendices to Pašk Kačinari's Counterproposals

Document number and name

First

page

No. of pages

 

200.020.010

Act granting ZABA permission to operate

 

ZABA was granted permission to operate on Nov. 9, 1989, by an Act of the National Bank of Yugoslavia. This has led the Croatian Central Bank (HNB) to claim that it has "no knowledge" about how ZABA came into being and who established and how, with what capital, how it became private, etc. For this reason, the HNB, as the bank of emmission of the State of Croatia, has neglected to fully carry out its supervisory role, at least in case of the "untouchable" ZABA. Among other places, this is referred to in:

 

"Report on the process of founding, i.e. transformation of banks into stock companies or limited liability companies, which was carried out according to the Law on Banks and Other Financial Institutions"

 



s1331

 


 

1

 

200.020.020
Zaba's proof of deposit into the Founding fund

In its founding fund, ZABA has shown only the deposits of its founders - the 1287 state-owned firms (see: The most complete list of victims of the Bank Robbery of the Century ). However, at that time, what was "lost" was the capital possessed by ZABA on the basis of ownership of buildings, inventory, the bank's other funds, ownership shares in foreign banks outside of the then-SFRY, etc.
 


s1326-01


1

 

200.020.030
Excerpt from the Minutes of the ZABA Founding Conference

To this founding conference were not invited ZABA's co-founders: the Republic of Croatia, the City of Zagreb, ZABA's employees or their representatives with the right to shares based on years of employment, nor "Jugobanka" bank.
 


s1327-01

 


1

 

200.020.040
Act on Determining ZABA's Account Balance and Yearly Financial Report for 1989

From the bank's balance books for 1989 it can be seen how much founding capital it had and how many corresponding shares it was supposed to issue. Thus, on Jan. 1, 1990, ZABA had a fouding fund of 1,409,318,000.00 din, for which it was supposed to have issued 1,409,318 Emission I, Series A shares. However, ZABA issued only 863,000 shares.
 


s1332-01

2

 

200.020.050
Act on Determining ZABA's Account Balance and Yearly Financial Report for 1990

From the bank's balance books for 1990 it can be seen how much founding capital it had and how many corresponding shares it was supposed to issue. Thus, on Jan. 1, 1991, ZABA had a founding fund of 2,458,433,000.00 din, for which it was supposed to have issued 2,458,433 Emission I, Series A shares. However, ZABA issued only 863,000 shares.
 


s1333-01

 


2

 

200.020.060
Act on Determining ZABA's Account Balance and Yearly Financial Report for 1991

From the bank's balance books for 1991 it can be seen how much founding capital it had and how many corresponding shares it was supposed to issue. Thus, on Jan. 1, 1992, ZABA had a fouding fund of 8.615.877.984,80 hrd, for which it was supposed to have issued 8.615.878 Emission I, Series A shares. However, ZABA issued only 863,000 shares.
 


s1334-01

 


2
200.020.070
Archival Excerpt from the ZABA Share Register for Gavrilović"

When "Gavrilović" d.o.o., i.e. Georg Gavrilovich sued ZABA for the purposes of determining that his shares were stolen The Stolen Shares of GAVRILOVIĆ Petrinja

(see:
090
.020.060

New suit puts heat on European banks
Austrian businessman claims Croatian institution 'stole' shares of stock
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44632

090.020.030

German banks cozy with ex-commies
Latest revelation involving Putin steps up scrutiny of questionable ties

http://www.worldnetdaily.com/news/printer-friendly.asp?ARTICLE_ID=43083 )

.... and Croatian media (see:
090.030.170
Business.hr: I've Opened Up ZABA's Secret Book of Shares )

ZABA submitted this archival excerpt into the legal file. It shows that the shares of the "Gavrilović" company, subsequent to its being transferred from the "Gavrilović" family to a third party, began to grow in value, at different rates for each of the three "Gavrilović" companies, according to arbitrary rates. The excerpt also shows that the shares' serial numbers did not corespond with those of the "Gavrilović" shareholders in the year 1989 (see:
The most complete list of victims of the Bank Robbery of the Century) which proves that, while certain shareholders were granted newly-issued shares, others were not, while others had them taken away. An analysis of this process shows that the ZABA share register cama about through arbitrary transfers of registration and assignment of new shares, and that the register is a forgery.
 


s1335-01

 

 

1

 

200.020.080
Agreement to perform transaction of "Lovački rog" shares

When comparison is made between the original state for this firm in ZABA's share register (see: The most complete list of victims of the Bank Robbery of the Century) with the number of shares mentioned in this Agreement and their serial numbers from this Agreement, it can be seen that the number of shares grew according to an arbitrary coefficient, differing from that for the growth of the shares of the "Gavrilović" company, and that, bearing in mind the Share Register's original quote, certain shareholders were "overlooked."
 


s1336-01

2

 


 

 

 

 

200.030

Republic of Croatia's Constitutional Court opinion supports fundamentals of Kacinari's lawsuit against ZABA

Document number and name

First

page

No. of pages

 

200.030.010


Republic of Croatia's Constitutional Court opinion supports fundamentals of Kacinari's lawsuit against ZABA


According to an opinion issued by the Croatian Constitutional Court, a shareholder with more than 95% share in a company's basic capital may seek to buy the remaining shares, accompanied by just compensation of the other shareholders. If ZABA's Share Register and balance books were indeed lawful and if its recorded owners were its true owners, then there would be no economic logic for the latter to allow the types of challenged launched by shareholder Pask Kacinari to be presented at shareholder meetings, nor would the bank, with its need for continuing positive public image and confidence in its stability, allow this constant questioning of its legal position (PASK KACINARI'S COUNTERPROPOSAL, ANNEXES TO SHAREHOLDER KACINARI'S COUNTERPROPOSAL). It would make much more economic sense to buy out the "remaining" less than 5% shares (the amount the present so-called majority owners require to reach the full 100% share ownership), than to allow the bringing into question the bank's entire legal standing.

However, ZABA's management knows that Kacinari is right and that they have no proof by which to show the legality of the Share Register or the balance books, and that, were they to launch such an operation, they would just open the doors to a process of proving Kacinari's claims - i.e. that a minority that has usurped only 21% of ZABA's basic capital and shares has taken control over ZABA operations.

 




s1356-01

 


 

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