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Výročná správa 2008 - Transpetrol

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TRANSPETROL, a. s. Financial statements<br />

Šumavská 38 for the year ended 31 December <strong>2008</strong><br />

821 08 Bratislava<br />

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19<br />

The<br />

Company records in the off balance sheet assets of SPP - Optic cable 36,489 m long, totalling SKK 6,499 thousand,<br />

low value assets and material for special purpose.<br />

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The Company has the following contingent liabilities that are not recorded in the Company’s account and are not shown<br />

on the balance sheet:<br />

i) � At the date of these financial statements, several lawsuits were pending relating to execution of 34% of<br />

TRANSPETROL, a.s. shares. In 2007, these lawsuits were not competed.<br />

In 2004, the court ruled on the suspension of the payment of dividends until<br />

discharged. This ruling is still valid and<br />

effective. The Company made a statement addressed to its shareholders based on which it prolonged the statute of<br />

right to the payment of dividends.<br />

The final result of the lawsuit and the possible impact on the financial statements of the Company cannot be<br />

estimated reliably. No provision has been made as the Company’s management believes that it is not probable that<br />

the Company will incur any significant loss.<br />

ii)� The Company agreed from 2004 to compensate the dividend payments from the subsidiary BSP Bratislava -<br />

Schwechat Pipeline GmbH to the shareholder – OMV in case that the subsidiary will not be able for any reasons to<br />

pay the dividends to OMV. The subsidiary BSP Bratislava - Schwechat Pipeline GmbH agreed to pay the dividends<br />

in the minimum amount of 5.5 % of its share capital which is EUR 6,253 thousand, provided that financial results so<br />

permit and dividends are declared by shareholders.<br />

In case of the financial insolvency or liquidation of the subsidiary company BSP Bratislava - Schwechat Pipelines<br />

GmbH, the Company is liable for the settlement of the part of the share capital of BSP Bratislava - Schwechat<br />

Pipelines GmbH which belongs to OMV in case of fraud or negligence by TRANSPETROL, a.s.<br />

TRANSPETROL, a.s. bears all the risks and costs arising from or connected with the removal of the Bratislava<br />

Schwechat pipeline which is planned to be built in future.<br />

iii)�<br />

Many areas of Slovak tax law have not been sufficiently tested in practice, so there is some uncertainty as to how<br />

the tax authorities would apply them. The extent of this uncertainty cannot be quantified. It will be reduced only if<br />

legal precedents or official interpretations are available.<br />

iv)� Suppliers´ warranties related to the completed investment projects are covered by bank guarantees during the agreed<br />

period and suppliers warranties related to the prepayment for projects under construction are covered by bank<br />

guarantees until the prepayment is settled in a total amount of SKK 203,743 thousand as of 31 December <strong>2008</strong><br />

(2007: 215,538 thousand).<br />

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Capital<br />

expenditures agreed in the contracts but not incurred based on the project plans represent as of 31 December<br />

<strong>2008</strong>:<br />

��<br />

Constructions in progress SKK 145.47 million,<br />

�� Constructions not started SKK 229.79 million,<br />

�� Constructions in the investor developm ent SKK 0.86 million.

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