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

.... The Economic Board noted the inadmissibility of such a method, explaining that banks have a complex management structure, and the courts should check the decisions taken by their controlling persons in detail. Now the application for attraction to subsidiary liability is awaiting re-consideration in the court of first instance ( decision of November 17, 2021 № 305-ES17-7124 (6) in case No. A41-90487 / 2015).

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 ...

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 ...

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

The manager applied to the court for bringing the controlling persons to subsidiary responsibility (case no. A74-14107/19). Partially satisfying the application, the courts of two instances proceeded from the creation by the defendant of a business model of work, where the debtor was assigned the role of a "loss center",...

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

... who was staying at a villa in Italy was arrested. In 2021, the authorities of the republic carried out his extradition to 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 and her sister Diana Rextin.

THE COURTS HAVE ATTRACTED BANKERS TO A SUBSIDY OF 463 BILLION

In the first 6 months of 2024, the Deposit Insurance Agency brought former bankers to subsidiary liability for a total amount of over 460 billion rubles. In total, the Deposit Insurance Agency managed to recover 77 billion in losses. According to the agency's press service, in the first half of this year, claims in the amount of 234 billion ...

THE DISTRICT COURT PROTECTED THE BANKRUPT FROM DOUBLE LIABILITY

... bankrupt in June 2019. As part of the process, on September 27, 2021, Lepikhov was involved in a subsidy. In addition, losses in the amount of 2.8 billion rubles were recovered from the entrepreneur. And a year ago (by a ruling dated August 29, 2023), the court determined the amount of subsidiary liability, adding a debt of 233.6 million to Lepikhov. Financial manager Diana Marenkova, who is dealing with the bankruptcy of a businessman, and his creditor BM-Bank filed petitions with arbitration in November 2023. They demanded to review ...

Subsidiary of Johnson & Johnson company is driven to bankruptcy over talc claims

... before, the company filed a lawsuit for voluntary bankruptcy protection, according to the information posted on the Johnson & Johnson’s website . Thus, it is planned to consider the issue of compensation payments, which has been previously announced, in court. According to Michael Ullmann, the leading legal adviser of Johnson & Johnson, the bankruptcy measure for the subsidiary is being taken to bring legal clarity to the cosmetic talc conflict. At the same time, Johnson & Johnson intends to provide LTL not only with the amounts that, according to the court, should be paid within the framework of the claims, but also ...

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

... 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. On November 28, 2024, the arbitration court considered the application of the bankruptcy trustee representing the interests of Uralstroyneft's creditors. Raiffeisenbank, Dok-Service and KapitalSib companies are among them. As a result, the court decided to involve a group of ex-managers and ...

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