9 wave -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.
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.
Hotel Luboten L.L.C. The tender provides an investor with the opportunity
to acquire Hotel Luboten, the leading hotel in Ferizaj/Uroševac, a town
of about 170,000 population in Southern Kosovo. The Hotel has 23 rooms and a
large restaurant and banqueting suite. The Hotel is in the town centre opposite
the Municipal Building.
IMK Shtime Warehouse L.L.C. The NewCo offers approximately 4,000 m2
of warehouse and office space and is located on a large open land plot of approximately
20 hectares in the municipality Shtime some 10 km away from Ferizaj/Uroševac.
The building was constructed in 1988.
Tefik Çanga Furniture L.L.C. The tender provides an investor
with the opportunity to acquire one of the largest producers of furniture in
Kosovo. The NewCo located in the municipality of Ferizaj/ Urosevac produces
home and office furniture, complete interior designs, kitchen elements and parquet
floors. Most of the furniture is built and designed to the customers’
Hotels Restaurant Korzo L.L.C. The NewCo comprises of a restaurant
on about 32 m2 of land, and located in a busy street in the central part of
Zastava Ramiz Sadiku L.L.C. Produces spare machine parts, gates, kiosks
and other metal constructions. Besides, it is set up for producing vehicle chassis,
body parts, exhaust systems, vehicle seats, etc. NewCo’s Pejë/Pec
premises include about 56,000m2 floor space on a site of about 14 hectares.
Hekurishte L.L.C. is an operating enterprise that recycles scrap metal
and other materials. Premises of about 2,300 sqm, the site of about 1 hectare
in Pejë/Pec and machines for continuing business are tendered.
NewCo Korenik Shopping Mall Istog/Istok L.L.C. is located in the centre of Istog/k, the premises were built in 1984 and consist of 2,140 m2 on two floors. The land plot covers a total area of approximately 2,888 m2.
Hotel Korenik Gurakoc/Gurakovac L.L.C. is the only Hotel in Istog/
k Municipality located in the main road Pejë/Pec- Mitrovicë/a. It
is two floor hotel with original capacity of 10 double rooms and 10 triple rooms,
each room consisting of 18 m².
Energomontimi L.L.C. offers installation of electricity systems including
low and mid voltage wiring and cabling, design and assembly of electrical equipment
and transmitters. The NewCo is located in the heart of Prishtina Industrial
Zone comprising of a site with an area of 2.5 hectares offering prime location
and facility for industrial development.(Postponed
for wave 10. Please see the wave 10 list)
Kosova Hydroteknika L.L.C. Located in Prishtina/Pristina. Construction
and engineering of water, sewage, irrigation systems and general civil engineering.
Small office building, engineering equipment, and land parcel.
Liria "Shops Main Street" L.L.C. comprises a commercial complex
in a prime area in Prizren’s city centre, which is divided into six shops
at present. All these shops are leased to third parties.
NewCo Printeks L.L.C. comprises five main production units,
which produce a variety of semi-finished and finished products for the textile
and clothing industries including:
Pejton L.L.C. is in a prime location in an attractive part of the
city, suitable for business centre well connected to the network of roads. The
Enterprise possesses land parcel of 1,513m2, consisting of one building of 642
m2 and the yard of 871 m2 located in Peyton Place, Prishtinë/Pristina.
deadline is: 30 November 2005
KTA is pleased to invite potential investors to bid on the NewCo tendered with Special Spin-off
deadline is 30 November 2005
For the following two NewCos:
Kaolini L.L.C. The tender provides an investor with the opportunity
to acquire a substantial deposit of kaolin, with estimated exploitable reserves
of 2.4 million tons. In former times the main customer of the mine was a ceramic
tile factory located about 25 km away on the outskirts of Kamenice. This factory
is being marketed in the current Wave as Newco Karaqeva L.L.C.
Karaqeva L.L.C. The tender provides an investor with the opportunity
to acquire the facilities to produce ceramic tiles. The premises are situated
on the outskirts of Kamenice. The premises comprise a site of about 83,000 m2
with factory space of about 34,000 m2. There is considerable spare production
space within light industrial buildings and land available to allow expansion
and alternate use. In addition a deposit of kaolin is available just outside
the village of Karaqeva, some 25 kilometres away.
deadline is 11 January 2006
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.