We know everything about bankruptcy
19/09/2024
Thursday
19 September 
1970 Scott Fahlman proposed using emoticons as a way to express emotions on the Internet.
1970 The Council of People's Commissars of the RSFSR banned the export of art and historical monuments abroad.
1970 The first beauty contest was held in Belgium.
THE SUPREME COURT OF RUSSIA CLARIFIED THE FEATURES OF BRINGING A HEAD OF COMPANY TO SUBSIDIARY LIABILITY
The lower courts agreed with this, pointing out that the director had unreasonably omitted to act when the company's financial burden was growing. However, the Supreme Court did not agree with this interpretation of the situation.
The Economic Board recalled that the question of the validity of the failure to file a petition on the debtor's insolvency by its head should be decided taking into account a number of circumstances.
It is necessary to establish the moment when the obligation to file such an application arises, comparing the behavior of the head of company brought to responsibility with another reasonable and conscientious manager, who would make the right decision in this case.
The enterprise began to have problems immediately after its creation, since it operated according to the tariffs previously established for the previous company and could not change them. At the same time, it was the low cost of provided by the company that caused financial difficulties.
According to the economic board, a reasonable and conscientious head of company should first understand the situation, draw up a plan for overcoming a critical situation, and not declare bankruptcy of the company, not having time to take over his duties. In addition, the courts unreasonably did not take into account the circumstances testifying to the attempts of the former head of the debtor to receive from the consumers of the company's services the amounts owed, as well as state subsidies in connection with the work at low rates.
To sum up, the panel of judges outlined the criteria that are important for resolving the issue of bringing the head of the debtor to subsidiary liability.
In such a situation, it is necessary to establish:
- whether the plan for overcoming the crisis developed by the director is reasonable at the time of its implementation;
- at what point the negative trends that continued during the implementation of the plan led to the state that the plan had exhausted itself (decision No. 302-ES20-23984 of May 21, 2021).
