THE ARBITRATION SPOKE ABOUT THE RECOVERY OF LOSSES FROM SHAREHOLDERS IN THE FORM OF ADMINISTRATIVE FINES

A shareholder of the company filed a lawsuit against two executives of the corporation to recover damages. In substantiation of the claim, he pointed to the fact that the Central Bank of the Russian Federation brought the company to administrative responsibility with the accrual of fines.

The courts, referring to the lack of evidence of the composition of the offense in the form of damages, refused to satisfy the claim.

The Arbitration Court of the North Caucasus District annulled the judicial acts, sending the case for a new hearing. The court pointed to the fact that the company's non-payment of accrued fines does not affect the qualification of the actions of managers as losses. The courts had to investigate the actions of the managers for the presence of guilt and causality of these actions and bringing the company to administrative responsibility.

Photo: Freepik