THE SUPREME COURT SPOKE ABOUT THE RIGHT OF THE DIRECTOR TO APPOINT HIMSELF BONUSES

THE SUPREME COURT SPOKE ABOUT THE RIGHT OF THE DIRECTOR TO APPOINT HIMSELF BONUSES

THE SUPREME COURT SPOKE ABOUT THE RIGHT OF THE DIRECTOR TO APPOINT HIMSELF BONUSES
In the framework of case no. A40-121758/21, the company filed a claim for recovery of damages from the director. The essence of the dispute was that the director arbitrarily issued acts on bonuses, including himself, which was subsequently found out by the members of the society who did not consent to such bonuses.

The courts of three instances refused to satisfy the claim, referring to the effective work of the director, which justified the appointment of bonuses to himself.

However, the Supreme Court did not agree with this approach, which drew attention to the fact that the current regulation does give the director the right to award employees, but in order to award bonuses to himself, he must obtain the consent of the corporation's participants, otherwise a conflict of interest arises.

Thus, the Supreme Court of the Russian Federation canceled the acts of the lower courts and sent the case for a new hearing.


Photo: Freepik


21.12.2022