Regarding Kapatens’s claim against Ratos
Kapatens (a so-called Third Party Funder, meaning an entity that invests in others' disputes) previously made an offer to former holders of preference shares issued in 2013 by Ratos AB. The offer entailed that these former shareholders would transfer alleged claims against Ratos to a company specifically formed by Kapatens for this purpose, initially for SEK 0. Subsequently, Kapatens, through this company, would pursue litigation against Ratos. If Kapatens succeeded in recovering any amount, Kapatens would receive 40%, while the transferors would receive 60%.
The alleged claims in question concern dividends on the preference shares that were not paid out because the preference shares were redeemed by Ratos in June 2017, in accordance with the company's articles of association. This redemption occurred before three record dates for the dividend payments. At the time of redemption, Ratos paid the redemption amount as stipulated in the terms for the preference shares.
Kapatens has presented similar claims against several other companies and among these chose to pursue litigation against Victoriahem AB. After Kapatens' claim against Victoriahem was dismissed by lower courts, the Supreme Court also dismissed Kapatens' case in a judgment issued on November 14, 2024. Following this ruling, Kapatens has announced that it is withdrawing its aforementioned claims against Ratos and the other companies it had targeted.