The corporate conflict surrounding the Odesa Grain Terminal is escalating. This information was reported by GNT Group's lawyers to the publication "Podrobnosti".
It is alleged that the creditor, Argentem Creek Partners, is conducting a black PR campaign against the Ukrainian agro-holding GNT Group and engaging in actions that may indicate document forgery to block and seize the strategic enterprise. The PR campaign involves media reports with unsubstantiated accusations against GNT Group and its beneficiaries, alleging "gray" grain exports and tax evasion.
Simultaneously, there is ongoing document forgery in foreign jurisdictions regarding GNT Group's ownership. A Canadian citizen of Ukrainian descent, Bohdan Khomyak, is leasing out property on behalf of Omega Terminal SA (part of the GNT Group holding) to third parties. Khomyak is acting based on the minutes of an extraordinary general shareholders' meeting of Omega Terminal SA held on December 20, 2022. These minutes were signed by Jesse Groom-Baker, appointed by Argentem Creek Partners as the director of GNT Trade DMCC (which owns the Ukrainian companies of GNT Group). However, Khomyak does not have the authority to act on behalf of Omega Terminal SA, making his actions in leasing out the company's property illegal.
The Swiss court, which is handling the dispute, blocked the registry on May 10, 2023, concerning all decisions made at the Omega Terminal SA shareholders' meeting on December 20, 2022, according to journalists who published a scanned copy of the court's decision. The Swiss court thus noted doubts regarding the validity of the meeting and that the legal position on the decisions made at the meeting was unclear.
According to GNT Group's lawyers, a company's director must be registered in the Commercial Register, which requires a valid shareholders' resolution. The Swiss judiciary found that the shareholders' resolution was inaccurate and unclear; therefore, changes cannot be made until the position is clarified. Thus, the appointment of Bohdan Khomyak by Argentem Creek Partners as the director of Omega Terminal SA can be considered illegitimate, with the previous director remaining the acting head.
Media reports indicate that Jesse Groom-Baker, appointed by Argentem Creek Partners as the director of GNT Trade DMCC, is also illegitimate. The American company was supposed to submit a resolution appointing Groom-Baker to the Dubai Multi Commodities Centre (DMCC) registry within 14 days. Still, the exchange rejected the document package and requested additional documents not provided. This led to an ongoing court process in the UAE. Since the additional documents were not provided, the changes regarding the director were not reflected in the DMCC registry, meaning Groom-Baker's appointment as the director of GNT Trade DMCC did not occur, and the previous director remains the acting head of the company.
Thus, the shareholders' meeting minutes of Omega Terminal SA, Khomyak's appointment and all his actions can be considered illegitimate and interpreted as document forgery. The black media campaign against GNT Group intensified following information about Argentem Creek Partners' ties to Russian business.