We know everything about bankruptcy
02/05/2024
Thursday
2 May 
1955 The caste-based discrimination was prohibited in India.
1955 The caste-based discrimination was prohibited in India.
1703 The first Russian gymnasium was founded in Moscow.
1703 The first Russian gymnasium was founded in Moscow.
1509 The Spaniards founded the city of San Juan, now Puerto Rico.
1509 The Spaniards founded the city of San Juan, now Puerto Rico.
REMOTE MEETINGS IN BANKRUPTCY CASES ARE OVERGROWN WITH JUDICIAL PRACTICE
Representatives of the Self-regulatory organization "Union of Operators of Electronic platforms" tried to summarize the preliminary results of the activities of Internet services. In particular, they allow participants in meetings of creditors to make decisions at a distance. However, cases where the results of such meetings are disputed continue to occur in judicial practice.
According to Dmitry Tkachev, CEO of the Electronic Trading Platform - Tender Technologies, quoted by Probankrotstvo, amendments to the relevant legislation are necessary for the further dissemination of such practices. Amendments to Article 181 of the Civil Code of the Russian Federation, established since mid-2021, allowed working in electronic form, however, the relevant amendments have not been made to the bankruptcy law.
As a result, some market participants welcome the opportunity to save time and money. At the same time, there is no complication of the life of employees by excessive business trips and the need to look for a place to hold meetings in cases when conditions do not allow to gather on the territory of a bankrupt organization (absence of an office, utilities, means of communication, etc.).
Others continue to be distrustful of such innovations that integrate computer technology into the field of bankruptcy. Someone is in no hurry to use an electronic signature, forgetting to issue a digital signature in time before the start of such a meeting. In some cases, difficulties arise for remote voting by employees of the Federal Tax Service and bank employees.
Judicial practice shows that the argument associated with the notorious complexity of using an electronic signature is broken in courts when trying to appeal. For example, in case no. A41-36234/2020, the appeal (10th Arbitration Court of Appeal) supported the manager, overturning the decision of the lower instance on the complaint of the bankruptcy creditor.
The court pointed out that the absence of a form of meeting approved by creditors allows the manager to choose the form of remote face-to-face voting independently. The platform chosen by him allows you to sign documents using a simple EP, which is formed through the SMS code coming to the phone.
