SUBSIDY FOR EXCLUSION FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES: FINALLY

The Supreme Court of the Russian Federation has sent for a new consideration a dispute on bringing the beneficiaries of a legal entity excluded from the Unified State Register of Legal Entities to subsidiary liability (case no. A40-203072/21).

Despite the fact that such cases have already been encountered in practice, including the Supreme Court, this case is still remarkable.

Firstly, in this case, the Supreme Court of the Russian Federation for the first time referred to the recent decision of the Constitutional Court of the Russian Federation on the issue of distribution of the burden of proving the dishonesty of the beneficiary of the company excluded from the Unified State Register of Legal Entities, noting that it is sufficient for the creditor to provide reasonable evidence of the guilt of the subsidiary defendant in the inability to obtain satisfaction of the creditor's claims at the expense of the property of the liquidated legal entity. Secondly, the supreme court noted that the debtor's bankruptcy case (which in this case was not initiated at all) and the subsidiary liability of beneficiaries for exclusion from the Unified State Register of Legal Entities are not related.

Thus, this position of the Supreme Court means that now the issue of subsidizing beneficiaries excluded from the register of companies has finally found a clear solution.

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