IF THE DIRECTOR, THEN HE WAS OBLIGED TO KEEP THE DOCUMENTS.

IF THE DIRECTOR, THEN HE WAS OBLIGED TO KEEP THE DOCUMENTS.

IF THE DIRECTOR, THEN HE WAS OBLIGED TO KEEP THE DOCUMENTS.
The manager applied to the court for the recovery of documents and material assets from the former head of the debtor (case no. A40-91650/23).

The courts have established that the former head of the debtor served as the general director for a certain period. However, the courts pointed out that this fact in itself does not indicate that the documents are in his possession and are being unlawfully withheld. The courts noted that the debtor's documentation was transferred to the financial director or other persons, and did not remain with the former head. Thus, the courts concluded that there were no grounds for demanding documents from the debtor's former supervisor. 

The cassation sent the dispute for reconsideration in part, pointing out that the conclusions of the courts that the former head of the debtor did not keep documentation in the performance of his official duties contradict the information of the Unified State Register of Legal Entities, according to which he was the head of the debtor and was obliged to keep all the documentation of the debtor. In addition, the cassator reasonably points out that there is no documentary evidence in the dispute materials of the transfer of documents from the former head to the subsequent head or other persons.

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10.10.2025