Federal Tax Service: bankrupt can become a founder of company

It would seem that negative consequences experienced by citizens after the completion of all insolvency proceedings are well known.  The law prohibits them from holding leading positions for three years. But can a bankrupt become the founder of a company?

It is not a secret that the answer to this question is still not so obvious for many regional tax inspectorates.  There are cases when, after the end of all bankruptcy procedures and the sale of property, a citizen is deprived of the opportunity to become a member of a new company.  The tax authorities do not want to enter the data of such a citizen in the Unified State Register of Legal Entities.

One of the complaints about such a decision was submitted for consideration of the Federal Tax Service of Russia - the citizen was denied state registration, despite the notary's statement.

It turned out that the bankruptcy proceedings against the individual ended less than three years ago.

As a result, the higher registering body had to publicly explain that bankruptcy did not deprive a citizen of the right to become a member of a business entity, despite the fact that he really had no right to make decisions or lead this organization.  An exhaustive list of restrictions imposed on a person by the status of an insolvent person is set out in federal law No. 127-FZ of October 26, 2002 (Article 213.30).