RusBankrot
We know everything about bankruptcy
09/06/2026
Tuesday
THIS DAY IN HISTORY:
9 June 
1994 The capital of Kazakhstan was moved from Alma-Ata to Akmola (from 1998 - Astana, from 2019 - Nur-Sultan).
1994 The capital of Kazakhstan was moved from Alma-Ata to Akmola (from 1998 - Astana, from 2019 - Nur-Sultan).
1967 The USSR broke off diplomatic relations with Israel.
1967 The USSR broke off diplomatic relations with Israel.
1850 The clubs and public meetings were prohibited in France.
1850 The clubs and public meetings were prohibited in France.
9 June
1994 The capital of Kazakhstan was moved from Alma-Ata to Akmola (from 1998 - Astana, from 2019 - Nur-Sultan).
1994 The capital of Kazakhstan was moved from Alma-Ata to Akmola (from 1998 - Astana, from 2019 - Nur-Sultan).
1967 The USSR broke off diplomatic relations with Israel.
1967 The USSR broke off diplomatic relations with Israel.
1850 The clubs and public meetings were prohibited in France.
1850 The clubs and public meetings were prohibited in France.
THE IMPACT OF DEBT OWED TO THE BUDGET ON THE PAYMENT OF DIVIDENDS
The manager applied to the court to invalidate the decisions of the sole participant of the company on the distribution of profits and payment of dividends (case no. A41-31014/22).
In rejecting the application, the courts of the two instances proceeded from the fact that the decisions of the debtor's sole participant on the distribution of profits and payment of dividends did not violate the rights of the debtor and creditors.
The case file contains no evidence indicating that the payment of dividends was the result of signs of insolvency (insufficiency) of the debtor's property, as well as evidence of the presence of such signs on the date of the payments.
The cassation sent the dispute for reconsideration, noting that in the present case, during the consideration of a separate dispute, the interested parties pointed out the invalidity of the contested transactions due to the general norms of civil law. However, the disputed transactions have not been verified by the courts for compliance with the requirements of the above legal norms.
The presence of debt owed by the company to the creditor (tax) during the period under study, which was subsequently included in the debtor's register, indicates a sign of the latter's insolvency.
The courts could not have been unaware of the circumstances cited by the applicants, which is why the court in the present case incorrectly qualified the stated claims. Also, the relevant circumstances have not been established, and the debtor's tax and fee arrears, currently included in the register, have not been taken into account during the period of the disputed transactions, which directly affects the resolution of the issue of the existence of a sign of insolvency.
In rejecting the application, the courts of the two instances proceeded from the fact that the decisions of the debtor's sole participant on the distribution of profits and payment of dividends did not violate the rights of the debtor and creditors.
The case file contains no evidence indicating that the payment of dividends was the result of signs of insolvency (insufficiency) of the debtor's property, as well as evidence of the presence of such signs on the date of the payments.
The cassation sent the dispute for reconsideration, noting that in the present case, during the consideration of a separate dispute, the interested parties pointed out the invalidity of the contested transactions due to the general norms of civil law. However, the disputed transactions have not been verified by the courts for compliance with the requirements of the above legal norms.
The presence of debt owed by the company to the creditor (tax) during the period under study, which was subsequently included in the debtor's register, indicates a sign of the latter's insolvency.
The courts could not have been unaware of the circumstances cited by the applicants, which is why the court in the present case incorrectly qualified the stated claims. Also, the relevant circumstances have not been established, and the debtor's tax and fee arrears, currently included in the register, have not been taken into account during the period of the disputed transactions, which directly affects the resolution of the issue of the existence of a sign of insolvency.
04.06.2026
