RusBankrot
We know everything about bankruptcy
19/02/2026
Thursday
THIS DAY IN HISTORY:
19 February 
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
19 February
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The Cuban leader, Fidel Castro, announced his retirement from the politics
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The oldest Korea's bank, Shinhan Bank, was opened
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
1970 The French mathematician and astronomer Urbain Leverrier presented the first world's weather forecast
REQUESTING DOCUMENTATION FROM AN EX-PARTICIPANT IN BANKRUPTCY: WHEN A "TRANSFER" REQUIRES PROOF
The manager appealed to the former participant of the debtor with a demand for the recovery of documents and information (case no. A40-115300/24).
In refusing to satisfy the application for the recovery of documentation and information regarding the debtor, the courts of two instances proceeded from the fact that the debtor's documentation had been transferred by the defendant to the new head of the debtor, as indicated by a certificate signed by the latter, drawn up in a foreign country.
The cassation sent the dispute for reconsideration and pointed out that, objecting to the defendant's arguments about transferring the documentation to the new head, the bankruptcy trustee referred to the fact that by the decision of the defendant, as a participant in the debtor's company, the company was technically included in the debtor's company, and the new head was the nominal ("technical") head, since he did not has Russian citizenship, an individual taxpayer number in the Russian Federation, has no identifying information, as well as an address for sending correspondence.
After a certain date, the debtor stopped carrying out business activities and making settlements with counterparties. As the cassation noted, the court of first instance was not deprived of the opportunity to request the materials of the registration case against the debtor's company from the relevant tax inspectorate, to invite the defendant to submit the documents on the basis of which the share in the company passed from him to the company and to confirm the status of the company as operating (at the time of the transfer of the share and currently).
The bankruptcy trustee's arguments about doubts about the reliability of information about the receipt of the debtor's documentation by a foreign citizen, set out in the certificate, have not received a proper assessment. The foreign citizen did not enter the territory of the Russian Federation, which was not refuted by the defendant.
In addition, the defendant did not provide documents confirming the transfer of more than thirty boxes of documents according to the information from the certificate. The certificate dated the specified date, drawn up unilaterally in a foreign country, does not contain a legalization inscription or an apostille on a notary's certificate.
The cassation also noted that the court of appeal had no right to point out that the signature of the new head on the certificate was externally identical to his signature on the application for amendments to the register of legal entities, since the court did not have special knowledge in the field of establishing (comparing) the affiliation of a citizen's signature. Moreover, the application for amendments to the register of legal entities is not included in the dispute materials.
Photo: Freepik
In refusing to satisfy the application for the recovery of documentation and information regarding the debtor, the courts of two instances proceeded from the fact that the debtor's documentation had been transferred by the defendant to the new head of the debtor, as indicated by a certificate signed by the latter, drawn up in a foreign country.
The cassation sent the dispute for reconsideration and pointed out that, objecting to the defendant's arguments about transferring the documentation to the new head, the bankruptcy trustee referred to the fact that by the decision of the defendant, as a participant in the debtor's company, the company was technically included in the debtor's company, and the new head was the nominal ("technical") head, since he did not has Russian citizenship, an individual taxpayer number in the Russian Federation, has no identifying information, as well as an address for sending correspondence.
After a certain date, the debtor stopped carrying out business activities and making settlements with counterparties. As the cassation noted, the court of first instance was not deprived of the opportunity to request the materials of the registration case against the debtor's company from the relevant tax inspectorate, to invite the defendant to submit the documents on the basis of which the share in the company passed from him to the company and to confirm the status of the company as operating (at the time of the transfer of the share and currently).
The bankruptcy trustee's arguments about doubts about the reliability of information about the receipt of the debtor's documentation by a foreign citizen, set out in the certificate, have not received a proper assessment. The foreign citizen did not enter the territory of the Russian Federation, which was not refuted by the defendant.
In addition, the defendant did not provide documents confirming the transfer of more than thirty boxes of documents according to the information from the certificate. The certificate dated the specified date, drawn up unilaterally in a foreign country, does not contain a legalization inscription or an apostille on a notary's certificate.
The cassation also noted that the court of appeal had no right to point out that the signature of the new head on the certificate was externally identical to his signature on the application for amendments to the register of legal entities, since the court did not have special knowledge in the field of establishing (comparing) the affiliation of a citizen's signature. Moreover, the application for amendments to the register of legal entities is not included in the dispute materials.
Photo: Freepik
11.02.2026
