DEATH AND ILLNESS WHEN A COMPANY IS EXCLUDED FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES PREVENT SUBSIDIZATION

The creditor filed a lawsuit to bring the director of the company excluded from the Unified State Register of Legal Entities to subsidiary liability (case no. A40-76827/22). In support of the claim, the creditor pointed out the impossibility of satisfying its claims as a result of the liquidation of the main debtor, due to the unfair and unreasonable actions of its director and participant.

The courts of two instances agreed with the arguments of the plaintiff and satisfied the claim.

The district court sent the case for a new hearing noting the following:

The defendant referred to the circumstances of his appointment of the director during the exercise of his powers, for which a disputed debt to the creditor arose.

Subsequently, the director died, and the defendant began to fulfill the powers of the head. However, due to illness, he could not prevent the exclusion of the company from the Unified State Register of Legal Entities.

This example perfectly shows that, despite the recent positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on issues of non-bankruptcy subsidiary liability, the courts are not in a hurry to satisfy such claims unconditionally, but delve into the circumstances of disputes, preventing unjustified bringing of persons to responsibility.