IT IS UNLIKELY THAT A MANAGER WHO IS ABROAD COULD PARTICIPATE IN THE TRANSFER OF DOCUMENTS

The manager applied to the court to hold the controlling persons vicariously liable (case no. A55-30387/21).


The courts of two instances partially granted the application, drawing attention to the fact that the debtor's bankruptcy was caused by the defendants' actions in gratuitous transactions under assignment agreements and non-return of cable products, as well as non-payment of its value to the company.
The cassation sent the dispute for reconsideration in part, since the courts did not evaluate the arguments of the bankruptcy trustee that the co-respondent is a nominal mass leader in 14 legal entities.
The courts also did not verify the arguments of the manager about the second defendant's performance of the functions of the debtor's head before declaring bankruptcy, and also did not verify the reality of the transfer of documentation on the acceptance certificate.
The courts did not check the actions of the co-respondent after the withdrawal of the debtor's participants, including the creation of a new company. Also, the explanations of how the defendant, being a citizen of Uzbekistan, could accept the documentation and sign the assignment agreements on behalf of the debtor were not investigated.