Search

Supreme Court of Russia refused to attract the director to the subsidiary liability due to the confusion with timing

... were issued prior to the initiation of the bankruptcy case. According to the court of first instance, during the disputed period, the debtor had not yet had the signs of insolvency, which in turn indicated the impossibility of bringing his director to subsidiary liability. The next two instances, on the contrary, considered the manager's arguments convincing, pointing out that during the disputed period, two judicial acts were issued on the collection of a large amount of debt, and the director should ...

THE COURTS HURRIED TO BRING THE HEAD OF DEBTOR TO SUBSIDIARY LIABILITY AND MADE A MISTAKE

The complaint of the former head of debtor, who did not agree with bringing him to subsidiary liability, was submitted to the Arbitration Court of the North-West District. The judges of the first and the appellate instances came to the conclusion that it was necessary, however, this decision was considered erroneous in cassation. ...

THE SUPREME COURT OF RUSSIA CLARIFIED THE FEATURES OF BRINGING A HEAD OF COMPANY TO SUBSIDIARY LIABILITY

The bankruptcy trustee of the debtor demanded in court that the former head of the bankrupt company should be brought to subsidiary liability. The reason was the failure to file a bankruptcy petition in court in a situation of growing debts. The lower courts agreed with this, pointing out that the director had unreasonably omitted to act when the company's financial burden ...

THE SUPREME COURT OF RUSSIA WILL CONSIDER A CLAIM FOR SUBSIDIARY LIABILITY OUT OF BANKRUPTCY PROCEEDINGS

The case to bring the persons controlling the debtor to subsidiary liability was transferred to the Economic Board of the Supreme Court of Russia at the request of one of the creditors. The peculiarity of the application is that it was filed after the court terminated the insolvency case of the debtor company....

The district court clarified the specifics of bringing the head of company to subsidiary liability

The Arbitration Court of the North-West District considered the case at the request of the bankruptcy manager of the debtor. The question concerned the attraction of the head of a bankrupt company to subsidiary liability due to incomplete transfer of documentation. At the same time, the head himself insisted that he had provided all the necessary documents and there were no grounds for bringing him to liability. The court of first instance and the ...

IF YOU ROB A MANAGEMENT COMPANY, YOU SHOULD EXPECT A SUBSIDY

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A67-9420/20). The courts of two instances refused to satisfy the application, recognizing as erroneous the claim that the funds received from the public were spent by the controlling persons at their own discretion in violation of the priority of satisfying creditors' claims. The cassation partially satisfied the application, since the target funds received by the debtor from consumers in...

FOR THE PERFORMANCE OF WORK THAT HAS NOT BEEN AGREED UPON WITH CONTRACTS, YOU CAN GET TO A SUBSIDIARY

The creditor applied to the court to hold the controlling person vicariously liable (case no. A43-28416/20). In rejecting the application, the courts of the two instances proceeded from the reasonableness and good faith of the defendant's actions in assuming obligations under the contract. The cassation sent the dispute for reconsideration and noted that the defendant, having concluded general work contracts containing a condition on a fixed price for the work, carried out work by subcontractors...

ONLY FOR OBVIOUS LOSS-MAKING CAN YOU BE INVOLVED IN A SUBSIDIARY

... debtor's insolvency, was unjustified. The conclusions of the courts on the creation of a scheme for accumulating all income from business activities in the accounts of the lessor and obligations on the debtor, as sufficient to bring the defendant to subsidiary liability, taking into account the specific obligations of the case on the amount of income received by the lessor, taking into account the bearing of the expenditure part for the payment of mandatory payments and other related expenses of ...

ACCUSED OF MURDERING THE EX-SENATOR'S PARTNER, HE WAS INVOLVED IN A SUBSIDY FOR 3 BILLION

Dmitry Saveliev, who once represented the Tula Region in the Federation Council, is now under arrest. The reason for this was the accusation that Saveliev had organized the liquidation of his former business partner. However, this time the ex-senator also became a defendant in the framework of the subsidy. Uralstroyneft's creditors are demanding to recover more than 3 billion rubles from him and several other persons. The final amount has not yet been determined. It is assumed that its exact value...

EX-BENEFICIARIES OF SEVERSTROY PARTNER WERE INVOLVED IN THE SUBSIDY

The arbitration of the Khanty-Mansi Autonomous Okrug found the persons who controlled the activities of SeverStroy Partner guilty of ruining the company (case no.A75-20726/2019). As a result, the ex-beneficiaries of the company, Bogdan Nestor and Andrei Kopaigora, were involved in the subsidiary. Together with them, the financial responsibility will be shared by the ex-head of the company Svetlana Panteleeva. According to the court, their actions made it impossible to satisfy the organization's obligations...

Sorted by relevance | Sort by date