LIMITS OF THE OBLIGATION TO TRANSFER DOCUMENTATION IN BANKRUPTCY PROCEEDINGS

The manager applied to the court to request documents from the companies (case no. A40-83289/24).

The court of first instance partially satisfied the application, requesting the documents according to the list.

The appeal overturned the ruling, partially satisfying the application. The court referred to the fact that, according to information from the Unified State Register of Legal Entities, the agreement on the transfer of powers of the sole executive body of a limited liability company to a management organization and the acceptance and transfer act on the transfer of powers of the sole executive body of a limited liability company to a management organization, the sole executive body of the debtor company is the management company. 

In order to obtain information about the property of the partnership, a similar request was sent to the management company for the provision of documents and information regarding the debtor company. The response to the manager from the management company has not been received.

The cassation sent the dispute for a new appeal hearing and noted that, according to the act of acceptance and transfer, the debtor's documentation was transferred to a representative of a member of the debtor's board by proxy, however, the court of appeal did not give any assessment to the argument indicated and attached by the court of appeal to the dispute materials to this act of acceptance and transfer in the appealed judicial act. At the same time, the management company draws attention to the fact that the court of appeal simultaneously demanded documents from both him and the debtor company itself, without establishing who actually had these documents in their possession. 

 

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