THE FACT OF MAKING UNPROFITABLE TRANSACTIONS IS NOT ENOUGH FOR A SUBSIDIARY

In the framework of the bankruptcy case (No. A41-58284/15), the courts considered applications for bringing the debtor's beneficiaries to subsidiary liability. The former head of the debtor was listed among the defendants. In its part, the statement was justified by the fact of two transactions: an indemnity under which 2 apartments of the debtor were transferred to an individual, and an indemnity under which the debtor's receivables were transferred to another citizen.

The courts of two instances satisfied the application, the cassation sent the dispute for a new consideration, noting the following:

"The courts in this case considered that the commission of several transactions, one of which was declared invalid, confirms both the significance of these transactions and their significant loss."

It is also noted that at the same time, a person can be brought to subsidiary liability only for transactions that are significant for the debtor (in relation to the scale of its activities) and at the same time are significantly unprofitable.

Photo: Freepik