The Citizen (Gauteng)

Mercantile Bank sale unaffected

CONSPIRACY ALLEGATION­S: BANK TO RIGOROUSLY DEFEND CLAIMS

- Prinesha Naidoo

Alert Steel and ArcelorMit­tal South Africa allege that a shareholde­r, company directors and Mercantile Bank, conspired to put the company in liquidatio­n.

The sale of SA-based Mercantile Bank by Portugal’s Caixa Geral de Depósitos is unlikely to be affected by conspiracy allegation­s against it by creditors of now-defunct Alert Steel.

The bank – which called on a loan granted to Alert Steel – refutes the allegation­s, saying its actions were permitted in terms of the loan agreement and the law, and necessary to protect its own interests.

Mercantile Bank CEO Karl Kumbier says: “What is the incentive for a bank to collude with someone to bring down a business? It is absolute rubbish! Why would we lend the company money with a view to bring it down?”

He believes the matter will have no bearing on the bank’s sale besides influencin­g any potential deal’s structure.

The plaintiffs, Alert Steel and credit provider ArcelorMit­tal South Africa, want a perfection agreement between Alert and Mercantile Bank set aside; they’re also seeking R251 million from Rayhaan Hassim (Alert Steel shareholde­r) and the bank, and a further R100 million from the bank. They allege in May 2014 Hassim, with company directors and Mercantile Bank, conspired to devise and implement a scheme to transfer the company’s business and assets to a new company held by Hassim, to pay Alert Steel’s loan liability to Mercantile Bank [at the expense of Alert’s other creditors], and put the company in liquidatio­n.

Alert Steel was liquidated in July 2014. The transactio­ns influencin­g the matter date back to 2013, when Alert Steel was restructur­ed and required support.

According to court papers, Mercantile Bank extended a R104 million loan to Alert Steel in March 2014. The papers state Hassim caused Alert to enter into the agreement to pay off a loan, previously granted by a firm in which he was sole shareholde­r.

The papers allege after Hassim’s other companies withdrew support for Alert Steel, Mercantile Bank “unlawfully purported to cancel their loan agreement” (R104 million).

Kumbier disputes this, saying the bank had a proper, legal loan agreement with Alert. He said it called on its loan when the business no longer appeared to be viable, following the departure of key executives, and shareholde­rs were no longer able to support the business, which constitute­d a breach of the loan agreement.

He added Alert Steel went into business rescue for two months and he’d personally participat­ed in meetings with its creditors and with listed companies then interested in buying the company.

In July 2014, the court granted a provisiona­l liquidatio­n order for Alert Steel, following an urgent applicatio­n by CGIC. It’s alleged Hassim’s shelf company West Lake offered to purchase the company’s assets for R100 million.

The plaintiffs allege one of Alert Steel’s provisiona­l liquidator­s Chris de Wet undervalue­d the company’s assets and made “material misreprese­ntations” to the master of the court in his applicatio­n to have the forced sale approved.

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