Wave 30 - 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 Agricultural Land in Nec 2 L.L.C. - the main assets of this Subsidiary comprise agricultural land located in outskirts of the village of Sllatinë/Slatina in Viti/Vitina Municipality. The total land to be transferred to the Subsidiary is approximately 45 ha. Most of the land was used for growing wheat, barley and corn. However it has not been tended regularly in the last years.
NewCo Grafikos L.L.C. - is a printing house located in Gjilan/Gnjilane town. The Subsidiary provides services like: printing school books, note books of different formats, labels, lank forms, prospects and different advertising materials. The main assets of this Subsidiary comprise the printing house premises located in Gjilan/Gnjilane town that together with administration space comprise of 1,433m². The building was constructed in 1977 and it is in good condition. Total land area inside the fence is 3,510 m².
NewCo AC Turiqevci L.L.C. - provides the potential investor with an excellent opportunity for any types of business, comprising of 4,329m² of land, several buildings, as well as a convenient location in village Turiqevci, Skenderaj/Srbica Region.
NewCo Nevolan L.L.C. - agriculture land, located in village Nevolane, municipality of Vushtrri/Vucitrn, comprises of approximately 25 hectares of land.
NewCo Bujqësia - Agricultural Land Sverka L.L.C. - is located in Pejë/Pec and Klinė/Klina Municipality. The landholding proposed for this tender includes approximately 85.3 hectares of agricultural land, located in cadastral zones of Sverka in Pejë/Pec and Budisalc in Klinė/Klina Municipality.
NewCo Bujqësia Agricultural Land Kliqina L.L.C. - provides investors with the opportunity to acquire about 78.5 ha of agricultural land. The landholding is located in cadastral zones of Sverka and Kliqina in Pejë/Pec Municipality.
NewCo Fryti L.L.C. - with cooperative administration building and depots and approximately 1.06.52 hectares (1 0652 m²) of land.
NewCo Gadime Quarry L.L.C. - is located in Gadime, Municipality of Lipjan/Lipljan, and includes a land parcel of approx. 62,904 m². The Enterprise in the past was composed of "Lignite Quarry" which since 1990's is not operating and the "Stone Quarry" called today "Seperacioni i Gurëve". This Enterprise is involved in production of Gravel fractions and Filer (stone power) required mostly for the road construction.
NewCo Agricultural land Shkabaj L.L.C. - provides the potential investor with an excellent opportunity to acquire very good agriculture land most of it under irrigation infrastructure of Iber Lepenci irrigation company. The enterprise is comprised of approximately 298 hectares of agricultural land divided in the following Cadastral zones: :Shkabaj/Orlloviq, Prishtina, Kryshefc, Fushe Kosove, Mazgit, Berrnice e Poshtme dhe Obiliq.
Last Day for Pre-qualification is: 16 January 2008
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.