180

 Invalidating ZABA's Illegal Registration

 

 

180.010

180.020

 

 

180.030

Pašk Kačinari Reports ZABA's Illegal Registration to Mladen Bajić,
the State Attorney of the Republic of Croatia

 

 

180.040

Pašk Kačinari adds to his previous filings and provides a brief overview of how the robbery was executed, who performed it and by which methods

 

 

180.050
Supplements to the Letter to
Mesić

 

 

 


 

 

 

 

 

180.010

Pašk Kačinari reports to the Croatian Central Bank (HNB) that ZABA is illegally registered in the Legal Register

Document number and name

First

page

No. of pages

180.010.010
Pašk Kačinari reports to the Croatian Central Bank (HNB) that ZABA is illegally registered in the Legal Register and that the HNB is obliged to initiate the appropriate motion for invalidating ZABA's registration according to Article 7 of the Law on the Legal Register.

The "Pivovara" d.d., Osijek privatization was recently invalidated. The reasons in the case of ZABA are identical: namely, at the time of its registration, ZABA did not report its entire property and, thus, did not issue shares on the basis of that property. This resulted in shares being denied to the largest actual shareholders - the Republic of Croatia, the City of Zagreb and "Jugobanka" bank, whose legal successor is the Republic of Serbia. Even though these shareholders brought in enormous capital into ZABA, this capital was neither shown, nor were shares on its basis issued, nor were the Republic of Croatia, the City of Zagreb and "Jugobanka" bank registered as ZABA shareholders.

Therefore, Pašk Kačinari is hereby warning the Croatian Central Bank of its legal duty, as per Article 7 of the Law on the Legal Register (NN 1/95, 57/96 i 45/99) to promptly inform the Registrational Court of these matters, so that the latter may initiate proceedings on invalidating ZABA's registration.

It is interesting to note that the Croatian Central Bank has confirmed receipt of this filing with two contradictory stamps, with one being marked as commercial material (akin to receiving SPAM e-mail), while the other received an official filing number. Both the contradicting stamps of receipt are contained on the filing.
 


s1320a

 

 

3

 

180.010.020
Addition to the Filing to the Croatian Central Bank  (HNB), of March 12, 2007

Pašk Kačinari reports to the HNB that, at the very beginning of ZABA's registration, 450 billion Yugoslavian dinars of capital were lost.
 


s1325-01


2
 

The most important part of this document is what it does not contain. The document shows how much capital was brought in by ZABA's original founders. However, what it doesn't show is how much capital "remained" in the value of buildings, inventory, the bank's other funds, ZABA's ownership in foreign banks, etc. This capital is not shown in this document, being thus "lost" at the time of ZABA's initial registration in 1989.

 

s1326-01

1
180.010.040
Excerpt from the Minutes of ZABA'S Founding Conference of November 13, 1989

Already in 1989 there existed a plan of how to re-register ZABA to the names of selected individuals. This is the reason why the capital value of buildings, inventory, the bank's other funds, and ZABA's ownership share in foreign banks was "forgotten" at ZABA's "founding conference" of November 13, 1989.
 


s1327-01

1

 

180.010.050
Croatian Central Bank is afraid to carry out Its Functions in the Case of ZABA'S Illegal Registration

In its reply, the Croatian Central Bank has informed Pašk Kačinari that it will not act according to its strictly defined lawful duty, as provided in Article 7 of the Law on the Legal Register, and thus, by ignoring its lawful duty, shall allow the criminal group in ZABA to buy a little more time. Nevertheless, because of Croatia's entry into the European Union, it won't be possible to continue with the practice of the Croatian Central Bank ignoring its lawful duties. This national emissionary bank will have to name names and determine who it is in its ranks, and out of what motives, that is protecting the said criminal group inside ZABA.
 


s1329-01


2

 

180.010.060
Pask Kacinari Re-Files Claim with the Croatian Central Bank

In answering correspondence from the Croatian Central Bank, in which the latter is trying to skirt its responsibility, Pask Kacinari warns them that they probably haven't read

180.010.020
Addition to the Filing to the Croatian Central Bank  (HNB), of March 12, 2007
 

thus giving the CCB "another chance," which it, nevertheless, failed to materialize.
 


s1344

1

 

180.010.070
CCB Does Not Know Who Is Responsible for ZABA's Capital and its Activity

The Croatian Central Bank - at least when ZABA is in question - definitely doesn't know whose responsibility it is to determine the amount of capital ZABA has hidden, and where that capital is, and it is definitely not competent to determine the amount of capital ZABA actually has. And, until this is determined, there can be no question of any further increase in ZABA's basic capital, because the initial state must first be determined, in order to be able to calculate the percent increase. However, since CCB is obviously afraid of the ZABA case and does not wish to solve it at all, it is abvious that all this will have to be settled during the process of Croatia's joining the EU.
 


s1345-01

 


2

 

 

 

 

180.020

Document number and name

First

page

No. of pages

180.020.010
Pašk Kačinari Reports ZABA's Illegal Registration to the Croatian Agency for the Oversite of Financial Services (HANFA).

HANFA is responsible for issuing approval for ZABA's Prospect, through which ZABA is increasing its basic capital and issuing a new series of shares. However, as long as ZABA'a registration - which is currently invalid - is not put in order and legalized in the Legal Register, and as long as the question of the amount of capital that was brought in as share capital is not resolved, as well as who did receive shares and for what capital, there are no legal conditions for issuing new shares and increasing the share capital. In order to be able to increase the share capital, it is incumbent to know what this capital actually consists of and on what basis.

Thus, the invalidation of ZABA's registration and the legalization of its share capital, its registration in the Legal Register and its share register are the prerequisites for the issuance of any new share series, i.e. for any new capital increase.

 


s1322-01

 

 

2

 

180.020.020
Addition to the Filing to HANFA, of March 20, 2007

Through this filing, Pašk Kačinari is informing HANF about the ZABA capital that was "lost" during its registration, underlining that its total amounts to more than 50% of the capital that was reported. The parties that are due shares from this "lost capital" are the Republic of Croatia, the City of Zagreb and "Jugobanka" bank.
 


s1324-01


2
 


 

 

 

 

180.030

Pašk Kačinari Reports ZABA's Illegal Registration to Mladen Bajić, the State Attorney of the Republic of Croatia

Document number and name

First

page

No. of pages

180.030.010
Pašk Kačinari Reports ZABA's Illegal Registration to the Croatian State Attorney, Mladen Bajić.

The Office of the State Attorney has an organized group inside it, which is shielding the criminal proceedings taking place inside ZABA. Pašk Kačinari has informed the President of the Republic of Croatia, Stjepan Mesić, about this, which has been reported on this site under: Pašk Kačinari reports to the President of the Republic of Croatia, Mr. Stjepan Mesić the existence of an organized criminal group in the State Attorney's Office, which is shielding organized crime inside ZABA

In this way, Pašk Kačinari is informing the Croatian State Attorney, Mladen Bajić, about the fact that ZABA has an illegal registration in the Legal Register, which is legally invalid (the case being that during ZABA's registration, capital belonging to the Republic of Croatia, the City of Zagreb and the former "Jugobanka" bank was "lost", and thus no corresponding shares were issued), which means that Mladen Bajić is obliged to initiate the invalidation of ZABA's registration in the Legal Register. However, as there exists inside the State Attorney's Office an organized group that is protecting crime inside ZABA, Pašk Kačinari is hereby informing Mladen Bajić of this fact, calling upon him to publicly announce whether he intends to act according to the law or to take the side of the criminals.



 


s1323-01

 

 

2

 

180.030.020
Mladen Bajić, the State Attorney of the Republic of Croatia, Is Protecting Organized Crime Inside ZABA

On March 23, 2007, Pašk Kačinari delivered an Addendum to his Filing to Mladen Bajić, the State Attorney of the Republic of Croatia, of March 20, 2007, at which occasion he learned that this Addendum would also be "hidden" inside the long-since archived case of the State Attorney's Office, which also contains hidden filings against ZABA and Franjo Lukovic. For further on this protection of criminals by the State Attorney's office, see

Pašk Kačinari reports to the President of the Republic of Croatia, Mr. Stjepan Mesić the existence of an organized criminal group in the State Attorney's Office, which is shielding organized crime inside ZABA.
 


s1328-01


2
 


 

 

 

 

180.040

Pašk Kačinari adds to his previous filings and provides a brief overview of how the robbery was executed, who performed it and by which methods

Document number and name

First

page

No. of pages

180.040.010
Addition to the Filing to Stjepan Mesić

 

Pašk Kačinari warns President Mesić that what we are dealing with within ZABA is a wartime-looting, fifth-column, criminal organization, and that all other characterizations of these people amounts to a deliberate understatement of their guilt and, thereby, to work against the interests against the Croatian State and People.
 


s1337-01

 


3
 

 


 

 

 

 

180.050
Supplements to the Letter to
Mesić

Document number and name

First

page

No. of pages

180.050.010
Basic Preconditions for Founding a New Bank

 

From this document it is obvious that there existed a substantially greater amount of property from that which was shown as share capital. The rest was "lost"....
 


s1338-01

 


4

 

 

180.050.020
Act on Founding ZABA as Shareholder Society

ZABA was not formed out of nothing, and thus its property could not have consisted only of the capital of its founders from the founding fund. From this it can be seen that ZABA came about through a transformation of a former state-owned bank, Zagrebačka banka, to a bank with the same name (ZABA), to which, to be sure, all property should have been transferred as well.
 


s1339-01

 


2

 

180.050.030
Decision on Determining the Rights and Obligations and the Fulfilling of Accepted Obligations by the Founders of the United Bank of Croatia (Udružena banka Hrvatske), ZABA - the Home Bank in Zagreb (osnovna banka  Zagreb).

ZABA has legal continuity with the previous legal entity, going all the way back to 1914. During the bank's transformation into a shareholding society, the relations in connection with legal succession and transfer of rights and property were dutifully regulated. However, ZABA did not faithfully carry out this Decision, and property was hidden.
 


s1340

 


1

 

180.050.040
ZABA'S Statute from 1989

ZABA continued to stubbornly violate its own statute in its activities, which can be seen from the latter's provisions.
 


s1341

 


1

 

180.050.050
The Bank's Material Basis and Technical Equipment

This document obviously shows that in 1989, at the time of its transformation, ZABA owned 113 buildings. However, these 113 buildings were "lost", not being shown as founding capital, which was the extent to which those who brought the buildings into the bank as capital, i.e. those who were, on the basis of these buildings, due shares, were damaged. These parties are: the Republic of Croatia, the City of Zagreb, ZABA employees and "Jugobanka" bank.
 


s1342-01

2

 

180.050.060
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

 

180.050.070
Excerpt from the Cadastre for the Seat of ZABA in Paromlinska St.

Since real property was "removed" from ZABA's share capital, ZABA could not furnish proof of ownership over them in the cadastre. The excerpt from the cadastre for ZABA's seat in Paromlinska St. 2 shows that that it is registered as state property to which ZABA has only the right of use - but only of the one-time state-owned bank prior to its transformation into a shareholding society. ZABA's attempt at registering ownership rights was, however, rejected, which can also be seen from the excerpt.
 


s1343-01

2

 

180.050.080
Pašk Kačinari's counterproposal for ZABA Annual Shareholder Assembly, April 17, 2007

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