A SIGNIFICANT ERROR HAS BEEN DETECTED IN THE MORATORIUM ON BANKRUPTCY

A SIGNIFICANT ERROR HAS BEEN DETECTED IN THE MORATORIUM ON BANKRUPTCY

A SIGNIFICANT ERROR HAS BEEN DETECTED IN THE MORATORIUM ON BANKRUPTCY
The moratorium on bankruptcy, introduced by the Government of the Russian Federation and designed to protect large enterprises from financial collapse during the crisis, has been criticized by the lawyers.

It is known that more than 1.3 million Russian companies and individual entrepreneurs fell under the moratorium, including large backbone enterprises, strategic facilities and organizations from the most affected sectors of the economy.

The moratorium regime implies both the impossibility for creditors to file a lawsuit with the bankruptcy of the listed companies and the prohibition on the distribution of dividends and profits in these organizations.

And if the first problem is not big in general for the enterprises that are firmly on their feet, then the question of the distribution of profits and the payment of dividends turned out to be an acute one. The fact is that there are large Russian business players who are unlikely to face bankruptcy, but their profit and dividends are quite stable.

In this regard, a logical question arises: if a company does not plan to use government immunity in the form of a moratorium on bankruptcy, can it also get rid of the restrictions in the form of profit distribution and dividend payment?

The State Duma is already discussing this issue, and it is possible that in the nearest future, the corresponding changes will be introduced into the legislation.


13.04.2020