It happened in the days when Stoltenberg two government came to power, that Stein Birger Johnsen went to the mountains. Skien man had for many years practiced as a lawyer in Telemark, but now in 2005 he would later in life. Cabin market was on the rise and Stein Birger Johnsen wanted to have their piece of the action. 25 September 2005, he writes purchase agreement with the landowner and the police Tov Svalastog a larger area in Holtardalen in Rauland. The parties agree on a price of five million “except 20 optional plots of up to 1,000 square meters, a total of 20,000 square meters called the property” as it is called in the purchase contract. It is thus Stein Birger Johnsen personally purchasing the land area is intended for hytteutbygging.
ESTABLISHED COMPANY
Stein Birger Johnsen at this time was in the process of establishing a project and development company to address the major developments that lie ahead of him. In September 2005, sending back office application for urgent registration of Rauland Invest AS to Brønnøysundregistrene, “because it is negotiated agreements with a limit of 70 million dollars and one relies on rapidly gaining organization to get formalized agreements.”
20 December 2005 Staples Stein Birger Johnsen Rauland Invest AS ten million in capital and with himself as sole shareholder through Nicco Holding AS.
What’s going on behind the scenes?
The incorporation of Brønnøysundregistrene, dated 20 December 2005 states that “Rauland Invest stapled with cash contributions related to a piece of property gnr. 159, title no. 1 in Vinje, a total of approx. 500 plots of land zoned for second homes, by staples transfer area per date of incorporation. ” There was only one catch to the memorandum. The actual area was first zoned for second homes of Vinje council a half years later, on 15 June 2006. Then the plan approved
– This is outright lead Brønnøysundregistrene and government deceived, mean current chairman of Rauland Invest AS, Erlend Follegg who came in ownership much later.
BUILT OUT
Stein Birger Johnsen comments: In the first plan from 15 June 2006 a large number of devices. Today, it built 300 units.
– Rauland Invest has sold enormously, almost 300 units in the first stage, Johnsen says that emphasize the following:
It was very clear guidelines in the municipal sector plan for the development of Holtardalen. The decisive when it was founded was the great values ??that lay here and these values ??are then also later confirmed. It is sold plots of countless million, which underpins the valuation.
Ribba Christmas 2005 with family Johnsen probably tasted very good. Same day Rauland Invest AS was founded, with Stein Birger Johnsen as sole shareholder transferred the land area was purchased from Tov Svalstog five million to Rauland Invest AS of NOK 25 million. This area is experiencing consequently an increase of NOK 20 million over two and a half months without anything had happened regulatory.
Had Tov Svalastog sold at a ridiculously low price, or ran Stein Birger Johnsen plays with banks and blew up the values? In the statement in connection with the foundation of Rauland Invest AS, dated 20 December 2005 states anyway. “
transfer is carried to a sober, estimated market value based on the valuation of the transferred property, conducted by Focus Krogsveen of property development Torbjørn Meli. ”
– The decisive for the valuation of the property is the real value. How to describe the regulatory status and the number is irrelevant. The property was worth at least it was put in valuation. It has proven sales, says Johnsen.
AND THEN CAME THE BANK
Then in 2005 ebbed could Stein Birger Johnsen take stock, kindly accompanied by Auditor Arne Lund Set of Vital audit AS in Skien. Now put Birger Johnsen with its newly Rauland Invest AS with land values ??25 million ten million in capital and a personal claim against the construction company 16 million.
In addition, the auditor confirms that the values ??assumed by the new company has a value equivalent to the share deposit and debt. For Holla and Lunde Sparebank, with the then General Manager Iver Juell was not difficult to pray. They must surely have thought the valuations of Focus Krogsveen and OK stamp from the auditor. This gave the bank NOK 16 million in loans to Rauland Invest AS.
Stein Birger Johnsen had now made a bullet, bought a blank area on private hand five million and sold it on to his own company for 25 million dollars. In 2006 he transfers money from Holla and Lunde Sparebank for his own company Nicco Holding AS which is now credited with 16 million. But he must of course tax gain of NOK 20 million.
20 December 2005 confirming the registered auditor Tracey Jakobsen Vital audit AS in Skien opening balance Rauland Invest AS. Plot and bank deposits of NOK 26 million, payable to Holla and Lunde savings bank 16 million and capital ten million dollars.
This set bank with a lot of risk and Stein Birger Johnsen’s personal tax capital exploded. Stein Birger Johnsen had become a prosperous man, and when the personal equation for 2006, filed his tax assets 16,314,000 million reflected through ownership of Nicco Holding AS. In addition, he controlled solid Rauland Invest AS based on Krogsveen valuation.
But the financial crisis had not yet reached the Kingdom of Norway and Holla and Lunde savings bank was aggressive. In 2006, they increase their exposure in Rauland Invest AS to a commitment of 25 million and now set the same plot of land as collateral 35 million in loans.
APPROVED BY AUDITORS
Stein Birger Johnsen emphasizes that the value was approved by the auditor with the assistance of Ernst & Young and that a tax audit in 2008 did not lead notes.
– The transactions were known to all involved, including my company and bank, he said. As a result, the gain of NOK 20 million he had tax 5.6 million.
Then the years, the speculators who drove the pike in the reeds and caught one buyer after another. Here we found them all, bankruptcy riders, naive banks, investors in pretty outfits that now and then did a bullet. But the fools in the mountains, so TA wrote in 2008. For this is the story of the new fool in the mountains, the two project developers who have not managed to find together since 2011?
NEW SHAREHOLDERS
Erlend Follegg from Skien ran for their time and sold some condos in Holtardalen and he with the power and dynamism entrepreneurial Johnsen developed Holtardalen. In 2011 he agreed with Stein Birger Johnsen to go into Rauland Invest AS. Where stops mostly consensus for since there has been trouble. Today they have a single ambition. To be reconciled.
– I guess I have faith that Erlend and I are good friends. My view is that such a big business that we do not have so disagreed owners and we must therefore find enough back to the good relationship we had from the start, says Stein Birger Johnsen, who is a director of Rauland Invest AS. Chairman Erlend Follegg have the same ambition.
Initially, it was intended that Stein Birger Johnsen via his own company Nicco Holding AS should be diluted to 40 percent in Rauland Invest AS, Erlend Follegg should have similar interest while a third person who later withdrew itself would sit at 20 percent. Erlend Follegg says he paid NOK 6.5 million in two transactions and the remaining 3.5 million kroner sales credit. Ten million paid claims Follegg up half the shares. Stein Birger Johnsen sees it differently and believes partner today only 22 percent of the shares based on 25 million in enterprise value and 5.5 million paid. There is the case.
– I regret having sold some of my shares in Rauland Invest AS to the new co-shareholders Erlend Follegg without the consent of Holla and Lunde Sparebank who had pledged the shares. This was an undesirable situation. I was not focused enough, while I thought that the bank was informed orally. It came to a clarification of the bank through an agreement and the matter has not been an issue since, says Johnsen. Erlend Follegg confirms that this went smoothly, even though he paid for the pledged shares long before they were recognized in Shareholders. According to him, Holla and Lunde Sparebank have reacted very strongly to the transfer of the pledged shares took place without being informed.
ATTORNEYS AT PATH
Erlend Follegg has hired law firm firm in dispute with Stein Birger Johnsen. According to a preliminary memo from the law firm’s value increase of land area in Holtardalen regarded as a kind of masked dividends. Those who have received this benefit has a duty to restore the relationship. It clearly means that an undue increase in value shall be refunded company. But the law firm is also looking at other factors that Erlend Follegg have reacted.
Stein Birger Johnsen namely providing services to Rauland Invest AS by invoicing from their business law firm Stein Birger Johnsen AS. The current hourly rate is 1000. Following amounts (rounded) are billed according to the documentation: In 2009, NOK 1.3 million dollars, in 2010 close to 1.8 million, in 2011 2.4 million in 2012 and NOK 2.4 million in 2013 to NOK 3 , 4,000,000 crowns.
– I think this is bottling company in violation of Conduct. This is trade between related parties that have not been addressed in the General Assembly says Follegg.
The Companies Act section 3-8 states:
“An agreement between the company and a shareholder, the shareholder’s parent company, any director or chief leader is not binding on the company unless the agreement is approved by the general meeting if the company’s performance has a fair value that represents over one-tenth of the share capital at the date of acquisition or disposal. ” And in paragraph 7.3. “
Has there been payment from the company in violation of the provisions of the Act, the recipient shall return the received”.
– I have not been familiar with the scope of this drain, To my lawyer look it needs substantial funds returned Rauland Invest AS, he said. Stein Birger Johnsen says the following:
– I work long hours, mostly pay on my debts are around six million, live no life in clover. It is so permanent boundary and another will have on me at full speed. Most other builders in Rauland has generally had significantly greater income than me, says Johnsen He takes out an annual salary of less than half a million from the law firm
– I emphasize that the invoicing of Rauland Invest AS will cover my salary, two secretaries and other operating expenses of my law firm. It’s only just this company going around.
In between it all, Rauland Invest AS, according to Stein Birger Johnsen substantial claims against Follegg company Brekkestø Invest AS. This claim relates to the sale of land in Holtardalen. Whatever is fact. There are stone Birger Johnsen has been and is the driving force in Rauland Invest AS. Fellow shareholders Follegg have chosen a more withdrawn role. Stein Birger Johnsen says so.
– I firmly believe Follegg are out to create trouble and turmoil to get care company.
It rejects Erlend Follegg categorically saying among other things he last summer were offered to buy out the shares of Johnson, an offer he accepted.
WHAT NOW?
Stein Birger Johnsen is prepared to come to terms with co-shareholder Follegg.
– I’ve kept a brisk pace and believed in what I do as a destination builder and contributor. I see now that part has not been satisfied participants on the journey. I have obviously had enough peripheral vision and no focus on the rearview mirror. Those who may have been there, dissatisfied with myself and I can enjoy the when any of my pride now be punished. I have little sympathy in many places, says Johnsen and on. I’ve obviously been too high on myself and will probably have to involve me less in the future.
Stein Birger Johnsen fear what is happening can be really bad and will affect what he can spend time to come.
– I think I can say that the conflict that has now arisen inevitably affect what I can spend time and engage in forward, in such cases it quickly becomes a fight to the death . I’m betting that there is nothing left when the storm once settles but is open to buying out Erlend Follegg from Rauland Invest more than what he paid for the shares.