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
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Document number and name |
First
page
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No. of
pages |
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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.
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s1320a |
3 |
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180.010.020
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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.
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s1329-01 |
2 |
180.010.060
Pask Kacinari Re-Files
Claim with the Croatian Central Bank
|
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.
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s1345-01 |
2 |
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180.020
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Document number and name |
First
page
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No. of
pages |
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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.
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s1324-01 |
2 |
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180.030
Pašk Kačinari Reports ZABA's
Illegal Registration to
Mladen Bajić,
the State Attorney of the Republic of Croatia
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Document number and name |
First
page
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No. of
pages |
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180.030.010
Pašk Kačinari Reports ZABA's Illegal
Registration to the Croatian State Attorney, Mladen Bajić.
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.
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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.
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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
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Document number and name |
First
page
|
No. of
pages |
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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.
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s1337-01 |
3
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180.050
Supplements to the
Letter to
Mesić
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Document number and name |
First
page
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No. of
pages |
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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.
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s1339-01 |
2 |
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180.050.030
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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.
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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 |
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