THE RESPONSIBILITY OF THE FORMER HEAD FOR THE DEBTOR'S LOSSES IN THE ABSENCE OF EVIDENCE OF ACCESS TO BANK ACCOUNTS

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A72-11938/21).

The courts of two instances partially satisfied the application. In collecting damages from one of the defendants, the courts proceeded from the fact that the former head had withdrawn funds from the debtor's account for household expenses. 

The cassation sent the dispute for reconsideration, pointing out that the case file does not contain loan agreements signed by the defendant, the debtor's manager has not proved that money transfers from the debtor's account were made with the defendant's approval, and there is no evidence of money withdrawal from the debtor's account by the defendant in the case file. 

The defendant claimed that he did not control the debtor, his accounts and did not compile accounting statements, did not accept the debtor's documentation upon assuming office and did not transfer it to the next CEO, did not sign contracts with credit, financial and other organizations.