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Supreme Court of Russia indicated the case of abolition of subsidiary liability

The Economic Board of the Supreme Court of Russia considered a dispute on bringing the head of debtor to subsidiary liability. The reason was the failure to transfer the company's documentation to the bankruptcy trustee, which significantly hampered the latter's activities related to the bankruptcy process. The court of first instance satisfied the claim,...

Supreme Court of Russia indicated on what grounds it is impossible to impose subsidiary liability

... In addition, the defendant noted that he had served as chairman of the bank for a total of five working days, so he simply did not have the opportunity to understand the financial difficulties of the bank in detail and take appropriate measures. The Supreme Court of Russia came to the conclusion that the lower authorities brought an individual to subsidiary liability based only on the fact that he was one of the persons controlling the debtor. The Economic Board noted the inadmissibility of such a method, explaining that banks have a complex management structure, and the courts should check the ...

Supreme Court of Russia terminated an attempt to re-impose secondary liability on the head of debtor

The claim to attract the person controlling debtor to the subsidiary liability was referred to the Economic Board of the Supreme Court of Russia at the request of the manager. The court of first instance terminated the proceedings, but the appeal and the district court sent the case for reconsideration, with which the Supreme Court of Russia did not agree with such a decision....

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