Wave 28 - legal
Kosovo Trust Agency is tasked to privatise Socially Owned Enterprises in Kosovo
through the methods of spin-off and liquidation. Investors are invited to
buy through open competitive tender the NewCos (new companies) created with
the essential assets and some limited liabilities of the SOEs listed below.
THE KOSOVO TRUST AGENCY
The KTA, as trustee pursuant to UNMIK Regulation 2002/12, as amended by UNMIK Regulation 2005/18 (the “KTA Regulation”), has concluded from its analysis of documentation and other evidence in relation to the entities/assets set out below that such entities/assets fall within its jurisdiction pursuant to the KTA Regulation.
NewCo 17 Nëntori Shop Lypjan L.L.C. - this offering comprises a single shop including basement (91 m²) and ground floor (145 m²) having total area of about 236 m². The shop is situated in Gjergj Fishta road close to the centre of Lypjan/Lipljan.
NewCo White House Shops L.L.C. - this NewCo provides the opportunity to purchase a group of seven shops, located in the White House building located in Nerodime road Ferizaj/Urosevac. Total area of the shops is approximately 224m².
NewCo Textile Factory Letnica L.L.C. - offers to investors a factory with approx. 3 ha with production and auxiliary premises covering approx. 3,200 m². The site is located in Letnicë/Letnica, Viti/Vitina municipality. Moveable assets transferred to NewCo are mainly industrial sewing machines.
NewCo Letnica Viti Properties L.L.C. - offers to interested investors different objects located near and in Viti/Vitina: a site with approx. 6 arks with a production and administration building of approx. 430 m², as well as two shops in the centre of Viti/Vitina. Moveable assets transferred to NewCo are mainly industrial sewing machines.
Shops Vushtrri/Vucitrn L.L.C. - is located near the centre of Vushtrri
/ Vucitrn opposite the Kosovo Police service police school and includes a site
with a total surface area of about 119.45 m² with two ground floor shops(Shop
1: area of 59.725 m²; Shop 2: area of 59.725 m²)
NewCo Dubrava Livestock Dairy farm L.L.C. - with approximately 400 ha of agricultural land (with farm shed buildings).It lies in the Dubrava and Shushica kadaster zones. The agriculture land is very contagious next to shed farms and has an irrigation System.
NewCo Bujqësia - Agricultural Land Dugajevë /Dugenjive L.L.C. - provides investors with the opportunity to acquire about 150 ha of agricultural land. The landholding is located in Cadastral Zone Bokshiq, Dugajeve, Poterq, Jabllanicë/a and Gllogjan in Klina and Peja Municipality.
NewCo Bujqësia - Agricultural Land Rosulë/Rosuje L.L.C. - is located in Pejë/Peć Municipality. The landholding proposed for this tender includes approximately 270 hectares of agricultural land, located in cadastral zones of Jabllanicë/a Rosulë/Rosuje in Pejë/Peć Municipality.
NewCo Kosovaelektro Administration L.L.C. – offers an atractive business site of approx.296 m² in the centre of Prishtinë/Pristina near the National Museum. The offer includes a one-storey building facilities occupying approx. 179 m² and a yard area of approx. 117 m².
NewCo Zhupa Recane –Supermarket in Gornje Selo L.L.C. - includes Supermarket located in attractive part of village Gornje Selo, on a site of approximately 2 ares and which includes one floor building with a total surface area of approximately 55 m² and 145 m² of yard registered in the name of SOE.
Last Day for Pre-qualification is: 10 October 2007
For this NewCo the Date will be Determined
NewCo Bauxite Mine in Volljak L.L.C. - bauxite operations were initiated in 1966 and have exploited a series of bauxitic lenses with overlying limestone which occur in the area of Klina. The bauxite resources have been mined from a series of open pits, and traditionally were trucked approximately 3 km to an open storage area where they were subsequently loaded into railcars. Ore reserves (using the A, B, C1 socialist categorization) are in the region of 1.7 million tones of bauxite grading between 46.7 and 52%. Resources (c2, D, indicated0 are in the region of 4 million tones of bauxite. Associated limestone overburden totals approximately 40 million tones. This limestone sufficiently pure to traditionally be sold to the Trepca and Feronikeli smelters.
In accordance with the KTA Regulation and KTA/UNMIK policy, the KTA proposes to sell the assets of such entities or the assets (together in certain cases, with certain liabilities) through the KTA's privatisation programme. Any persons who believe that they have a valid claim against such entities or assets (including, though not limited to, (i) claims that they believe that they are the lawful owners of any such entities or assets or part thereof or their valid successors and (ii) creditors) should file such claim, together with full explanations and all supporting documentation with the KTA, without delay.
The KTA intends to carry out such sales of such entities/assets by (i) way of spin-off privatisation (transferring assets and, in certain cases certain liabilities, to a newly incorporated company) and then by a follow-up liquidation process or (ii) selling, by way of auction assets as part of a liquidation process.
In the liquidation process, KTA will analyse claims filed and the associated supporting documents in order to determine to whom payments from the sales proceeds should be made in accordance with Applicable Law. It should be noted that, pursuant to Applicable Law, it is likely that 20% of the sale proceeds will first be paid to “eligible workers”, followed by land ownership claimants, secured and unsecured creditor s and then owners of the entities where the entities are determined to have been transformed in accordance with Applicable Law and in a non-discriminatory manner.
The KTA will not adjudicate claims as a quasi-judiciary or administrative body; therefore filing a claim with the KTA, which the KTA strongly encourages potential claimants to do, does not prevent a potential claimant from also filing a claim with the Special Chamber of the Supreme Court of Kosovo, nor from judicially contesting any KTA decision in an appropriate court.
claim forms and details of how to file a claim, see www.kta-kosovo.org - "how
to register a claim" or collect forms from any KTA office. Claims may also
be filed at the EU Pillar office in Belgrade whose address is EU Pillar IV Belgrade
Office, Tolstojeva 47-49,11000 Beograd, Serbia. Relevant UNMIK Regulations are
linked from the KTA website above.
To receive further information, interested investors should contact the KTA which will provide them with additional information on how to bid.
Kosovo Trust Agency
These Fact Sheets provide only a very general overview of each “NewCo” enterprise being tendered. The Kosovo Trust Agency (KTA) does not warrant the accuracy of any information presented. Prospective investors are encouraged to contact the KTA to request the bid documents related to each tender. It is also advised that prospective investors, prior to the submission of a bid, perform their own due diligence as to the NewCo's business, the assets and liabilities to be sold with the NewCo, and the legal regime under which the business will operate.