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THE SUPREME COURT SUPPORTED THE PLAINTIFF IN THE DISPUTE OVER THE SUBSIDY OUTSIDE BANKRUPTCY

The Economic Board (Judicial Board for Economic Disputes) of the Supreme Court of the Russian Federation considered Su Kim's complaint on July 2, 2024. The woman filed a lawsuit, which she conducted ... ... rubles). However, the citizen did not receive any money from the company. Therefore, at the end of March 2021, she initiated the bankruptcy of the organization in the Sakhalin arbitration. In May 2021, the arbitration court took the company under surveillance,...

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 ... ... 2.3 billion of debt from its balance sheet. Andrey Barinov disagreed with the court verdicts and filed a complaint with the Supreme Court. In his opinion, even a loss of 192 million could not be a reason for the bank's bankruptcy. In addition, the former ...

IF THE HEAD OF A COMPANY EXCLUDED FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES IS BANKRUPT, THE SUBSIDY WILL BE CONSIDERED IN HIS CASE

... the entry into force of clause 3.1 of Article 3 of the Law on LLC. The courts also pointed out that the creditor had the opportunity to control the decisions taken by the tax service, but did not dispute the entry of the exclusion of the company. The Supreme Court referred the creditor's complaint to the board, noting that the circumstances established by the courts are sufficient to qualify the legal relationship under clause 3.1 of Article 3 of the Law on LLC and to hold the debtor vicariously liable ...

SUPREME COURT: WHEN ATTRACTING A SUBSIDIARY FOR UNPROFITABLE TRANSACTIONS, IT IS NECESSARY TO EVALUATE THE TRANSACTIONS THEMSELVES

... instances agreed with the arguments of the applicant in terms of bringing the defendants to subsidiary liability, referring to the fact that the partially violated rights of the... ... property damage, which entailed the impossibility of settlements with creditors. The Supreme Court of the Russian Federation sent the case for a new review and noted that... ... proof concerning whether these transactions led to the appearance of signs of objective bankruptcy or a significant aggravation of the situation of the property crisis. The...

THE SUPREME COURT CONFIRMED THE SUBSIDY OF THE EX-HEADS OF THE LEGION BANK

On February 3, the Supreme Court of the Russian Federation considered the complaint of two ex-managers of the bankrupt Legion Bank, who demanded that they be relieved of subsidiary liability imposed by verdicts of lower courts. The RF Armed Forces considered the application, but rejected the complaint. Legion Bank was declared bankrupt in the fall of 2017 (case no. A40-129253/17). The organization turned out to owe ...

YOU CANNOT SELL A CLAIM FOR THE RECOVERY OF A SUBSIDY AND REMAIN A CREDITOR

... bank disposed of its claim by selling it to a citizen. The guarantor was also declared bankrupt, and the citizen's claims were included in the register. The Bank, believing... ... the guarantee agreements are justified and should be included in the register. The Supreme Court referred the complaints of the debtor's manager and creditors to the board... ... its ruling the argument that the obligations of the guarantor from the guarantee and subsidiary liability are solidary. Thus, after the sale of subsidiary liability rights...

SC: THE PUBLIC OWNER IS RESPONSIBLE FOR THE DEBTS OF THE AUTONOMOUS INSTITUTION

... appealed to the court with a demand to recover funds from the municipality in the order of subsidiary liability for the obligations of an autonomous institution whose property... ... unfulfilled obligations to him. However, the court refused to recognize the institution as bankrupt, since autonomous institutions cannot be recognized as insolvent by law. The... ... institution (with the exception of obligations related to causing harm to citizens). The Supreme Court of the Russian Federation did not agree with this approach and noted that...

SC: PERSONS INVOLVED IN THE SUBSIDY HAVE THE RIGHT TO APPEAL AGAINST COURT DECISIONS

... The company challenged the results of the audit in court. In parallel, the inspection achieved recognition of the company as bankrupt, and Safonova was involved as a subsidiary defendant (case No. A51-5236/2022). In response to her involvement in ... ... refused, considering that the decision of the inspectorate on additional taxes to the company has no direct relation to her. The Supreme Court of the Russian Federation did not agree with these conclusions. The economic Board pointed out that Safonova has ...

SUBSIDY FOR EXCLUSION FROM THE UNIFIED STATE REGISTER OF LEGAL ENTITIES: FINALLY

... that it is sufficient for the creditor to provide reasonable evidence of the guilt of the subsidiary defendant in the inability to obtain satisfaction of the creditor's claims at the expense of the property of the liquidated legal entity. Secondly, the supreme court noted that the debtor's bankruptcy case (which in this case was not initiated at all) and the subsidiary liability of beneficiaries for exclusion from the Unified State Register of Legal Entities are not related. Thus, this position of the Supreme Court means that now the issue of subsidizing beneficiaries excluded from the register of companies ...

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