A test of parental duty

Must a bank always support its subsidiaries? That's the question being raised by two court cases involving Bank Austria Creditanstalt and a group of investors who worked with a subsidiary of the bank on a Russian M&A deal in 1997.

BANK AUSTRIA CREDITANSTALT, the leading bank in eastern Europe, worked in Russia in the late 1990s through a network of subsidiaries, which were presented to investors as Creditanstalt Investmentbank (CA-IB) Russia. Its managing director was banker Yuri Lopatinsky. The network included various offshore entities based in Jersey, Guernsey and Cyprus. One called CIS Emerging Growth (CISEG) was based in Jersey.

In the summer of 1997, titanium company VSMPO made CA-IB Russia the agent for a deal to buy a supplier company called AVISMA.

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