Envion Liquidation: Step-by-Step Guide to Filing a Claim
FOR LIQUIDATION UPGRADE PROGRAM MEMBERS
NOTICE
This guide is published as a service to members of the Liquidation Upgrade Program (LUP). Members of LUP are eligible to receive funds donated by envion’s founders and will be represented by the LUP trustee during liquidation proceedings in order to advocate for the maximum payout and equal treatment of all EVN token holders.
It is recommended that creditors who wish to join LUP do so before filing a claim with the liquidator.
Sign up for LUP here: https://www.liquidation-upgrade-program.org/
The Liquidation Upgrade Program further advises that:
- The Liquidation Upgrade Program (LUP) is separate from and IN ADDITION TO the portal for filing a liquidation claim.
- Creditors must file a claim in the liquidation to be eligible for payout from LUP.
- LUP will NOT file your claim for you.
- Creditors should indicate LUP as their “representative” for the liquidation proceedings during the claim filing process.
- Wenger Plattner, the liquidator appointed by the Swiss Bankruptcy Authority, is the official liquidator of envion AG and the only source of official information on the liquidation.
GETTING STARTED
How to use this guide
Read the guide all the way through to the end before starting the claim filing process. This will reduce the potential for confusion by setting expectations and preparing you for the information you will need to submit.
Creditors should open a second browser window in order to view this guide and the liquidation portal side-by-side while filing if possible.
Envion liquidation portal location: https://portal.envion-konkurs.ch/home
Desktop Browser
Filing a claim via the liquidator’s portal requires creditors to complete tasks such as print and scan documents, upload files, and transfer tokens via browser plug-ins that may not be possible from a mobile device. It is recommended that you file your claim from a laptop or desktop PC capable of the above-mentioned functions.
Avoid File Upload Errors
Token holders are asked to upload documents at several points during the filing process. If you are unable to upload a file or cannot proceed after uploading a document, please consider the following:
- The portal only allows PDF and JPG file types to be uploaded. PDFs are preferred.
- File size is limited to just a few megabytes. Reduce image size/quality or use an online PDF compressor to create files of acceptable size.
- File names must be short
STEP-BY-STEP GUIDE
Step 1 — Login
Click “Create account”.
Step 2 — Register
Enter your e-mail address and a strong password.
Which e-mail to use
- Did not participate in the ICO
Token holders who purchased on exchanges or obtained tokens via means outside of the ICO can use any e-mail address. - ICO Participants
The liquidator recommends that ICO participants use the same e-mail address they used for the envion ICO portal. Do this ONLY if you have access to this e-mail address.
If you no longer have access to your envion ICO portal e-mail address, use your current e-mail address and be sure to provide the envion ICO portal e-mail address to the liquidator later in the additional information field.
Verify your e-mail
In order to proceed, you must verify your email address by clicking the link in the e-mail sent by the liquidator. If you do not see the e-mail in your inbox after a few minutes, check your spam folder. If you still haven’t received the e-mail, it’s likely that you typed in the e-mail address incorrectly and must start over from Step 1 and create a new account.
Step 3 — Legal Notice
Check the box and click “Next” after you have read the legal notice.
Step 4 — Are you a legal representative?
Select “No, I represent myself.”
Only lawyers filing a claim for their client will select the other option (regardless of whether or not one is a member of LUP)
Step 5 — Personal information
Fill out your personal information in the respective fields. Be sure to use your current address.
ICO participants who created a liquidation portal account in Step 2 using an email address different from the one used for the envion ICO portal should enter their ICO email address in the “Additional” field: ICO: XXXX@XXXX.XXX
Step 6 — Passport
Upload a PDF or JPG scan of your passport or identity card. A passport is preferred. Be sure to scan the page of your passport with your photo, signature, and identity information.
If you do not have a passport, submit your national identity card. If you do not have a passport or national identity card, make sure that the identity card you provide contains a photo and signature.
Step 7 — Purchase of tokens
First, select the option from the dropdown menu which indicates where you got your tokens.
Most all token holders will fall into one of 3 categories:
- All tokens purchased during the ICO
- All tokens purchased from only one exchange
- A mix of tokens purchased from different exchanges and/or the ICO and exchanges
Next, you must upload purchase records for your EVN tokens. The type of record you submit will correspond to where you purchased and how you paid for your tokens.
Try to make sure that the purchase records you submit show as much information as possible about your purchase, including: time, account/wallet information, amount paid, value at time of purchase, transaction ID, etc.
Provide as much information as possible. It is better to provide too much information than not enough.
Which purchase documents to upload
Exchange purchases (HitBTC, YoBit, etc.)
Account information exports or screenshots of your account trade history.
Decentralized exchange purchases (Token.store, IDEX, EtherDelta, etc.)
Transaction records from your wallet application or public blockchain records from a blockchain explorer like Etherscan.
ICO purchases with ETH
Transaction records from your wallet application or public blockchain records from a blockchain explorer like Etherscan. Envion investor dashboard screenshots. Investment confirmation e-mails from envion. (Note: EVN tokens purchased with ETH were generated inside the transaction source ETH wallet so there are no blockchain transaction records showing a transfer of EVN from the smart contract to your wallet.)
ICO Purchases with BTC
Transaction records from your wallet application or public blockchain records from a blockchain explorer like Blockchain.info. Envion investor dashboard screenshots. Investment confirmation e-mails from envion. (Note: There was not one single wallet for BTC purchases during the ICO. Destination BTC wallets were dynamically generated by the payment provider CoinGate.)
ICO Purchases with credit card
Bank records and credit card statements. Envion investor dashboard screenshots. Investment confirmation e-mails from envion.
What to do if you have no purchase documents
Token holders who do not have purchase documents for whatever reason must download and print the “no purchase documents” form, fill out the requested information, sign the form, and upload it as a PDF or JPG.
At the end your screen should look something like this:
Step 8 — Additional Documents
LUP members should upload their signed LUP Power of Attorney Document during this step.
Step 9 — Meeting of Creditors
Select “No” from the dropdown menu.
Only token holders who will personally travel to Switzerland to participate in the creditors’ meeting will select something other than “No”.
Step 10 — Claims
Click “ADD” to begin adding your claim information.
Select your token source if you previously selected “Multiple Sources,” otherwise this field is already filled out for you.
Basis of claim
“Exercise the right to early redemption for the Profit Participation Rights represented by EVN tokens.”
Use the above text for the “Basis of claim” field.
The exercise of the rights of the Token Subscription Agreement applies to all token holders regardless of the method of acquisition of envion tokens. The example given by the liquidator, “Purchase of 2000 EVN tokens”, does not adequately apply to all token holders.
Which amounts to use for your claim
Amount: this field should be the same as the number of tokens for the claim.
Currency type: USD
Amount in CHF: number from “Amount” field above multiplied by 1.008764.
It is recommended that ALL token holders assert a value of USD 1 per token since the Subscription Agreement indicates such value in case of early redemption. There are legal arguments that the early redemption rules should apply to a liquidation scenario such as the current one.
The exchange rate on November 14, 2018 was CHF 1.008764/USD 1 — that means all token holders should claim 1.008764 CHF per token (all claims must be made in Swiss francs: CHF).
For example, for a token holder with 1500 EVN would make a claim for CHF 1513.15.
1500 EVN -> $1500 -> $1500 x 1.008764 -> CHF 1513.15
Where to calculate interest
Interest does not apply in the case of early token redemption. Use the recommendations above.
Multiple Claims
The liquidator guidelines state that token holders should make one claim per exchange platform for exchange purchases and one claim per currency type for ICO purchases.
Creditors can make multiple claims for different purchases and token sources with one account. One individual = one creditor account regardless of how many claims the creditor has.
For example, tokens purchased on HitBTC would be a separate claim from those purchased on Token.Store. An ICO investor with purchases in BTC and credit card would file two claims: one for each currency type.
Step 11 — Sign claim form
All creditors must print a form, sign it in ink, scan it, and upload. Be sure to check the quality of your scan before uploading to be sure that it is complete and legible.
The downloaded form will contain your personal information entered during the registration process.
LUP members’ representative
The LUP trustee Peter Schott Ghyssaert Aceves will be the representative for LUP members during the liquidation proceedings.
Enter the following information for LUP as your representative in the field labeled “Legal representative” on the form:
Peter Schott Ghyssaert Aceves, PSGA Attain Consultants and Management GmbH
Franz-Abt-Str. 10
65183, Wiesbaden, Deutschland
contact@liquidation-upgrade-program.org
Upload a scan of your SIGNED document to continue.
Step 12 — Send tokens
Select the option that applies to you. Creditors with access to their tokens should select MetaMask and install the MetaMask plug-in on their browser.
If you do not have MetaMask you will be instructed to add the browser extension.
You will then be guided through to send tokens to your unique wallet address. It may be helpful to watch the MetaMask video tutorial if you are unfamiliar with using MetaMask to send ETH and tokens.
Note: Only expert-level crypto users should select the option to send EVN from a non-MetaMask wallet or exchange wallet. If you don’t know if you are an expert-level crypto user, then you should select the MetaMask option.
Send your EVN to the deposit address given to you by the liquidator. Be sure there is enough ETH in your wallet to pay for the gas (transaction) fees.
Creditors without access to tokens
If you selected the last option “I have no EVN tokens and / or I am not able to transfer them”, then you must explain why you cannot access your EVN tokens.
There are many reasons why a creditor may not have access to tokens. Be sure to be concise in your explanation.
Some example reasons:
- I did not copy the private key to EVN purchased with BTC/credit card from the envion ICO dashboard
- My EVN are locked because I did not pass the KYC/Accreditation requirements
- I accidentally sent my tokens to the EVN smart contract address and they cannot be retrieved
Step 13 — Claim Review Section
Take screenshots or print the following screens for your records.
Be sure to review all of your information and your files.
Make sure all your uploads were successful by clicking on each file and checking to see that it is the correct file and that it is readable.
NOTE: Make a record of your deposit address. Go to Etherscan and confirm that the transaction was successful and take additional screenshots of the wallet and your transactions.
What to expect after filing your claim
The claims review process can take days or weeks. Do not be alarmed if you do not receive a confirmation e-mail or if it takes many days to process your claim. You can always return to the portal and check the status of your claim.
