RusBankrot
We know everything about bankruptcy
01/11/2024
Friday
THIS DAY IN HISTORY:
1 November 
2020 Day of the Dead is celebrated in Mexico
1993 The European Union was founded on November.
1894 The last Russian emperor Nicholas II ascended the throne.
1 November
2020 Day of the Dead is celebrated in Mexico
1993 The European Union was founded on November.
1894 The last Russian emperor Nicholas II ascended the throne.
THE CASSATION FOUND NO GROUNDS FOR RECOVERY OF SUBSIDIARY LIABILITY
On November 1, the Arbitration Court of the Ural District had to make a difficult decision on the complaint of Vladimir Stepanov, one of the founders of the Sibai Drilling Reagents Plant (NWDB). Before bankruptcy, he owned a third of the company's authorized capital.
In 2018, the organization, whose violations in the field of ecology regularly became the subject of discussion by local media, actually suspended its work. In May, the bankruptcy application of the NWDB was submitted to the arbitration of Bashkortostan, and a month later the plant came under surveillance. On February 25, 2019, the organization was declared bankrupt.
The bankruptcy trustee Alexandra Zvonareva appealed to the court with a petition to bring the founders to subsidiary liability. Among the persons who controlled the debtor's activities, the founders of the firm, Farid Chambergenov (share – 17%), Suyundik Shakhshaev (share – 16.34%), Vladimir Stepanov and the CEO of the firm, Gagik Hakobyan, were held responsible. The latter owned a share of 33.33% of the authorized capital of the organization. However, in the court of first instance, Zvonareva's claims did not find support.
On June 15, 2022, the complaint in the case (No. A07-13560/2018) was considered in the appeal. Citizens were brought to subsidiary liability in the amount of 142.2 million rubles. Such inconsistent behavior of the two courts caused the need to appeal to the cassation.
The verdict of the cassation instance was the complete cancellation of the decision of June 15 and the referral of the case for a new hearing to the Court of Appeal. The basis for this was the contradictions in the conclusions admitted by the court.
On the one hand, the judge relied on the fact that the organization recognized as bankrupt had no property of its own, and the work was carried out solely by renting someone else's real estate, which was being improved in the process of unprofitable business. On the other hand, the court found no grounds to involve persons in the subsidiary on the grounds that they themselves did not file a claim for bankruptcy of the company during the period of financial difficulties.
The Court of Appeal did not investigate and evaluate the evidence according to which the participants of the company transferred to him property and borrowed funds in the amount of more than 23.4 million. At the same time, the appeal also did not identify the causes of bankruptcy.
The question of how exactly the property taken from the owners led to the insolvency of the company, which did not pay for its rent, remained unanswered.
Photo: Freepik
In 2018, the organization, whose violations in the field of ecology regularly became the subject of discussion by local media, actually suspended its work. In May, the bankruptcy application of the NWDB was submitted to the arbitration of Bashkortostan, and a month later the plant came under surveillance. On February 25, 2019, the organization was declared bankrupt.
The bankruptcy trustee Alexandra Zvonareva appealed to the court with a petition to bring the founders to subsidiary liability. Among the persons who controlled the debtor's activities, the founders of the firm, Farid Chambergenov (share – 17%), Suyundik Shakhshaev (share – 16.34%), Vladimir Stepanov and the CEO of the firm, Gagik Hakobyan, were held responsible. The latter owned a share of 33.33% of the authorized capital of the organization. However, in the court of first instance, Zvonareva's claims did not find support.
On June 15, 2022, the complaint in the case (No. A07-13560/2018) was considered in the appeal. Citizens were brought to subsidiary liability in the amount of 142.2 million rubles. Such inconsistent behavior of the two courts caused the need to appeal to the cassation.
The verdict of the cassation instance was the complete cancellation of the decision of June 15 and the referral of the case for a new hearing to the Court of Appeal. The basis for this was the contradictions in the conclusions admitted by the court.
On the one hand, the judge relied on the fact that the organization recognized as bankrupt had no property of its own, and the work was carried out solely by renting someone else's real estate, which was being improved in the process of unprofitable business. On the other hand, the court found no grounds to involve persons in the subsidiary on the grounds that they themselves did not file a claim for bankruptcy of the company during the period of financial difficulties.
The Court of Appeal did not investigate and evaluate the evidence according to which the participants of the company transferred to him property and borrowed funds in the amount of more than 23.4 million. At the same time, the appeal also did not identify the causes of bankruptcy.
The question of how exactly the property taken from the owners led to the insolvency of the company, which did not pay for its rent, remained unanswered.
Photo: Freepik
16.11.2022
