Supreme Court of Russia canceled three court rulings due to information in the Unified State Register of Legal Entities

The highest court of Russia considered the complaint of a bankruptcy trustee, who challenged the inclusion of the debt under the cession agreement in the register of creditors’ claims.  According to him, the assignor company did not have the will to conclude the controversial agreement, which means that the debt transferred to it was unreasonable.

Despite this, the lower instances considered that the assignment took place and was documented, which meant that there were grounds for including the debt in the register of claims.

The situation changed when the complaint was considered by the economic board.

The three judges got interested in the arguments of the trustee, who drew attention to the fact that three months before the signing of the assignment agreement, a record about the inaccuracy of the information was made in the Unified State Register of Legal Entities.

It was introduced on the basis of a statement by the head of the company, who announced that he had not actually occupied this position. Consequently, the cession agreement concluded several months later was signed by an unauthorized person.

In such a situation, according the board, the assignee, as a person interested in preserving the transaction, had to prove the fact of the conclusion of the contract. In particular, he should have confirmed the presence of the company's will to sign the agreement or justify the fact that the entry contained in the Unified State Register of Legal Entities was erroneous with other documents (decision No. 305-ES21-4104 (2) dated October 14, 2021 in case № A40-84439/2019).