People › Entrepreneurs ♦ Published: September 26, 2024; 14:54 ♦ (Vindobona)
The insolvency of Signa, under the leadership of René Benko, continues to cause a stir. Particularly controversial is a loan that the Laura Private Foundation, which Benko and his mother back, granted to Signa Holding six weeks before the insolvency filing in November 2023. Trustee in bankruptcy Christof Stapf considers the transaction detrimental to the holding company and seeks to have it set aside by the court and claim damages.
View into the office of René Benko, founder of Signa Holding, whose loan transactions through the Laura Private Foundation are now at the center of legal disputes. / Picture:©aurena.at
Critics, above all the trustee in bankruptcy of Signa Holding, Christof Stapf, fundamentally question the necessity of this loan, as reported by ORF. According to Stapf, Signa Holding already had an unused overdraft facility of EUR 50 million, which was valid until the end of 2025. It is therefore incomprehensible why Benko's Laura Private Foundation also provided a new loan. It is suspected that this loan was deliberately arranged to secure the foundation to move assets in the run-up to insolvency. It also seems particularly questionable that the loan amount was immediately passed on to the German subsidiary Sport Scheck, even though this company was also in a difficult financial situation.
Pledging company shares as additional security
In return for the loan, the Laura Private Foundation received shares in the Luxembourg-based Villa Eden Beteiligung SARL, the parent company of the Hotel Villa Eden on Lake Garda, as reported by NAU.ch. These shares were pledged as collateral, which is also the focus of criticism. During the insolvency attempts, a planned sale of these shares failed as no agreement was reached with the Laura Private Foundation. This ultimately led to the foundation taking the shares and allegedly selling them to a private individual.
7.7 billion euros in claims - only a fraction recognized
The dimensions of Signa's insolvency are becoming increasingly clear, as reported by NAU.ch. Creditors have currently registered claims amounting to around 7.7 billion euros. However, only around 1.2 billion euros have been recognized by the insolvency administrator so far. This means that almost 6.5 billion euros in claims are being questioned. The Vienna Commercial Court converted the insolvency proceedings of Signa Holding from restructuring proceedings to bankruptcy proceedings in April 2024. This means that creditors no longer have any chance of receiving a minimum quota, which is a dramatic situation for many.
Benko's economic legacy criticized
The rapid growth of the Signa Group, which made headlines across Europe with prestigious real estate projects such as the Tyrol department store in Innsbruck and the Park Hyatt in Vienna, was based on extensive credit financing and the development of a widely ramified corporate empire. However, it is now apparent that this growth was based on shaky foundations. Various subsidiaries had already been in difficulties for several years, leading to increasing debt. The insolvency of the German department store chain Galeria Karstadt Kaufhof, which also belonged to the Signa Group, marked the beginning of the difficulties.
The involvement of René Benko and his foundation in these financial transactions is the subject of heated public debate. The question of whether Benko and his family could have cleverly smuggled assets out of the insolvent holding company to protect their interests has been raised time and again.
Legal investigation in full swing
The legal aftermath of the Signa insolvency is likely to continue for a long time, as reported by ORF. Christof Stapf is planning further legal action against the controversial loan, as he believes that the transaction was deliberately arranged to protect certain assets from being seized by creditors. This could become a central aspect of further investigations, particularly concerning the pledging of the Villa Eden shares and the role of the Laura Private Foundation.
The insolvency of Signa Holding and the associated companies sheds light on the often opaque interrelationships of large corporations and the use of foundations to secure assets. In the coming months and years, the Austrian judiciary will have to clarify the legal consequences of the transactions surrounding the Laura Private Foundation.
Copyright © Vindobona. You may share using our article tools. Please don't cut articles from Vindobona and redistribute by email or post to the web.