Football and finance

Genoa, disposal goes into extra time

Awaiting the Genoa Court's decision on the annulment (or otherwise) of the capital increase resolution that brought the club under Dan Șucu's control

by Carlo Festa

 (AP Photo/Andrew Medichini)

2' min read

2' min read

The dispute over the sale of Genoa is going into extra time. In the next few days, at the beginning of July, a decision is expected from the Court of Genoa on the annulment (or not) of the capital increase resolution that took place in recent months and was signed by the new shareholder, Romanian businessman Dan Șucu, supported by the CEO, Andres Blazquez.

A-Cap's appeal

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It is a new chapter, after the appeal by the US group A-Cap, the insurance company that asked to annul the resolutions on the arrival of Șucu, because it claims to have the right to exercise all the prerogatives of control over Genoa, in the name of a nearly 2 billion credit towards 777 Partners, the US fund that had taken over the football club from Enrico Preziosi. In the first instance, the appeal had been rejected in early April by the court of Genoa, but A-Cap appealed the decision.

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A few weeks ago, the court, sitting in collegiate composition, thus gave the parties a few weeks to provide further details on the subject, which from a technical and jurisprudential point of view, is complex: the judge should in fact annul a resolution taken months ago, that of a capital increase with the exclusion of the shareholder's option right, a procedure that had opened the club's doors to Șucu.

Precisely this is a much-debated issue: according to the rules, the option right can be excluded 'when the interest of the company requires it' for reasons of urgency, and in the case of Genoa there were tax debts of €37 million to pay.

The dispute

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But A-Cap is contesting the procedure and is not willing to step aside: it is pursuing appeals to assert its position as a de facto shareholder of the club, after 777 failed to honour its debts. The US company has submitted significant new documents demonstrating its willingness to inject the necessary capital into Genoa.

But above all, it decisively denied, in a document submitted to the court, the rumours that the US company was in financial difficulties in the United States: the document submitted states that 'A-Cap has $1.3 billion cash and $15.6 billion in assets'.

The matter remains complex from a legal point of view. A team of lawyers represented by Professor Valerio Pescatore and Professor Vincenzo Roppo is conducting the civil case for A-Cap and seeking a solution that would allow the cancellation of the capital increase resolution. The criminal case against Genoa and the managing director Andres Blazquez is instead conducted by the Chiomenti law firm.

Le replica

But Genoa and CEO Blazquez did not stand still and assisted by the firm BonelliErede confirmed before the Court of Genoa the validity of the capital increase subscribed by Șucu. Moreover, in the meantime, in order to honour claims against the former shareholder 777 Partners, they have also requested the seizure of 12 million shares owned by the American company, through its Spanish subsidiary, in Sevilla Calcio.

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