FEATURES OF ATTRACTING A MANAGEMENT COMPANY TO SUBSIDIARY RESPONSIBILITY

The courts of two instances partially satisfied the application, recognizing that the manager of the management company had a duty to transfer documents and information to the bankruptcy trustee. The failure to transfer the documents significantly hindered the implementation of bankruptcy procedures and the formation of the bankruptcy estate. The actions (or inactions) of the management company and the manager made it impossible for the bankruptcy trustee to take appropriate measures to identify the debtor's property and form the bankruptcy estate.

The cassation sent the dispute for reconsideration in part, noting that the circumstances concerning the period of the head's exercise of the powers of the head of the debtor's management company, its relationship with the period of formation of accounts payable recorded in the register of creditors' claims of the debtor, the existence of a causal relationship between imputed actions (inaction) and the actual objective bankruptcy, the impossibility of settlements with creditors the degree of involvement of the person being held vicariously liable in the debtor's management process, and verification of the significance of his influence on making significant business decisions regarding the debtor's activities are essential for the correct resolution of the issue of whether there are grounds for holding the defendant vicariously liable for the obligations of the insolvent debtor.

The cassation also pointed out that the courts had not examined the circumstances that were essential for resolving the dispute, and the court decisions did not reflect the results of evaluating the manager's arguments that his actions (or inactions) could not have caused the debtor's bankruptcy.

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