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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

... the dispute for reconsideration, pointing out that the amount of creditors' claims included in the register according to the bankruptcy trustee's report was not comparable with the amount of rent actually received by the defendant under lease agreements.... ... 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,...

THE DAUGHTER OF THE EX-OWNER OF A NETWORK OF TIRE CENTERS IN UFA WAS INVOLVED IN A SUBSIDIARY

... established in 1999 and has worked for about 18 years. In 2017, Russhina-Tyumen received the status of bankrupt. By the time of bankruptcy, the amount of the company's debt to creditors exceeded 1.2 billion rubles. The beneficiary of the company, Andrey ... ... Russia. In addition to the daughter of the convicted businessman, his business partner Lilia Akhmetova was also involved in the subsidiary. In a separate proceeding, the court also imposed a penalty in the amount of 42.3 million on Smyshlyaev's ex-wife Vladlena ...

THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... referring to the uniform legal nature of these sanctions. However, the courts of two instances refused them. It was pointed out that the grounds for these liability measures are different. The losses were recovered on the basis of article 61.20, and the subsidiary was recovered on the basis of article 61.11 of the Bankruptcy Law. The courts considered that the applicants had missed the deadlines allowing them to appeal the act of August 29, 2023 on appeal. The cassation did not agree with the lower courts, referring to the existence of grounds for adjusting the ...

YOU CAN'T BE RESPONSIBLE FOR THE SAME THING IN BANKRUPTCY CASES OF DIFFERENT COMPANIES

In the framework of the bankruptcy case (No. A40-41566/19), the manager filed an application for bringing to subsidiary responsibility the head of the logistics department of the debtor's parent company. Refusing to satisfy the application, the court of first instance proceeded from the fact that the actions (transactions) imputed to the defendant did not cause ...

THE SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT

The bankruptcy process of Finprombank (case no. A40-196703/2016) turned into subsidiary liability for Andrey Barinov, the former head of the Customs Card company, who managed the organization from the end of 2022 until November 2019. Three judicial instances granted the petition of the bankruptcy trustee, who pointed out the damage ...

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 ...

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

... 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 will become clear after the bankrupt company completes its settlements with creditors. They believe that Saveliev approved transactions that deliberately did not bring profits to the company, the amount of which amounted to over 1.1 billion. This caused major damage to the company....

EX-BENEFICIARIES OF SEVERSTROY PARTNER WERE INVOLVED IN THE SUBSIDY

....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.... ... the organization, controlling it through a network of affiliated organizations. The application for a subsidy was submitted by bankruptcy trustee Konstantin Korolev, according to whom financial assets were deliberately withdrawn from the company. This is ...

NOT ALL BANK MANAGERS WILL BE INVOLVED IN THE SUBSIDY

The manager appealed to the court with an application to bring the bank's controlling persons to subsidiary liability (case No. A40-148648/16). The courts of two instances satisfied the application, guided by the fact that the defendants committed actions to approve loans to technical borrowers, which led to the bankruptcy of the bank. The cassation sent the dispute for reconsideration in part, pointing out the following: In this case, the judicial acts do not contain circumstances established by the courts and conclusions as to which of the defendants and for ...

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