RusBankrot
We know everything about bankruptcy
05/12/2025
Friday
THIS DAY IN HISTORY:
5 December 
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
5 December
1936 The Stalinist Constitution of the USSR was adopted.
1936 the Stalinist constitution of the USSR was adopted.
1484 Pope Innocent VII initiated the "witch hunt".
1456 An earthquake that destroyed Naples occurred - 35 thousand people died.
1456 occurred an earthquake that destroyed Naples - 35 thousand people died.
A BANKRUPT CREDIT INSTITUTION WILL NOT PAY A SUBSIDY
In the framework of the bankruptcy case (No. A32-28195/16), the manager applied for bringing the controlling persons to subsidiary responsibility.
The courts granted the application and suspended the proceedings on an isolated dispute.
After the resumption of proceedings, the courts of two instances determined the amount of subsidiary liability of the controlling persons.
The district Court sent the dispute for reconsideration regarding the establishment of the amount of subsidiary liability of the bank and pointed out the following:
• By virtue of paragraph 13 of Article 189.23 of the Bankruptcy Law, if the grounds for holding a credit institution vicariously liable for the obligations of a legal entity in respect of which it is the debtor's controlling person arose before the date of approval of the Bank of Russia's participation plan in the implementation of measures to prevent bankruptcy of the bank, the amount of such liability may not exceed the net assets of the credit institution, determined according to its accounting statements at the end of the quarter in which the specified plan was approved. The total amount of claims of such legal entities to hold a credit institution vicariously liable on these grounds may not exceed the maximum amount of vicariously liable for a credit institution established by the specified paragraph.
• Objecting to the satisfaction of the manager's claims, the bank pointed out that the transactions (investment agreements) that caused the debtor's objective bankruptcy were completed before the approval of the DIA's participation plan in the implementation of measures to prevent the bank's bankruptcy.
• The website of the Central Bank of the Russian Federation shows the calculation of the bank's own funds (capital) as of 01.01.2016, according to which its own funds (capital) amount to minus 1 billion rubles.
• Thus, in the bank's opinion, since the net assets of the credit institution at the end of the quarter in which the Bank of Russia or the agency's plan for participation in the implementation of measures to prevent the bank's bankruptcy was negative, the amount of subsidiary liability for the debtor's monetary obligations should be reduced to zero.
• Since the circumstances with which the courts attribute the appearance of signs of objective bankruptcy took place in 2013, the plan for overcoming the crisis was approved in 2015, and control over the bank's activities was obtained on December 27, 2016, the courts should have applied the provisions of paragraph 13 of Article 189.23 of the Bankruptcy Law when considering this separate dispute.
The courts granted the application and suspended the proceedings on an isolated dispute.
After the resumption of proceedings, the courts of two instances determined the amount of subsidiary liability of the controlling persons.
The district Court sent the dispute for reconsideration regarding the establishment of the amount of subsidiary liability of the bank and pointed out the following:
• By virtue of paragraph 13 of Article 189.23 of the Bankruptcy Law, if the grounds for holding a credit institution vicariously liable for the obligations of a legal entity in respect of which it is the debtor's controlling person arose before the date of approval of the Bank of Russia's participation plan in the implementation of measures to prevent bankruptcy of the bank, the amount of such liability may not exceed the net assets of the credit institution, determined according to its accounting statements at the end of the quarter in which the specified plan was approved. The total amount of claims of such legal entities to hold a credit institution vicariously liable on these grounds may not exceed the maximum amount of vicariously liable for a credit institution established by the specified paragraph.
• Objecting to the satisfaction of the manager's claims, the bank pointed out that the transactions (investment agreements) that caused the debtor's objective bankruptcy were completed before the approval of the DIA's participation plan in the implementation of measures to prevent the bank's bankruptcy.
• The website of the Central Bank of the Russian Federation shows the calculation of the bank's own funds (capital) as of 01.01.2016, according to which its own funds (capital) amount to minus 1 billion rubles.
• Thus, in the bank's opinion, since the net assets of the credit institution at the end of the quarter in which the Bank of Russia or the agency's plan for participation in the implementation of measures to prevent the bank's bankruptcy was negative, the amount of subsidiary liability for the debtor's monetary obligations should be reduced to zero.
• Since the circumstances with which the courts attribute the appearance of signs of objective bankruptcy took place in 2013, the plan for overcoming the crisis was approved in 2015, and control over the bank's activities was obtained on December 27, 2016, the courts should have applied the provisions of paragraph 13 of Article 189.23 of the Bankruptcy Law when considering this separate dispute.
31.01.2025
