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

The highest court of Russia considered the case on bringing one of the persons controlling the debtor-bank to subsidiary liability. The bankruptcy trustee insisted that the defendant had approved transactions that ruined the bank, and had not taken measures to improve financial situation in the credit institution. The courts of three instances unanimously ...

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

... the owner of the Taganka tire center network, was involved in subsidizing the obligations of the Russhina-Tyumen company. The court ordered her to repay the debt of the organization previously owned by her father. The final calculation of the amount of ... ... 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 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

... by BM-Bank and VTB against Alexander Lepikhov. In it, the applicants asked to cancel the ruling of the Khabarovsk arbitration court issued in December 2023 and the appeal (6th AAC), which in March upheld this act (case No. A73-10777/2019). The District ... ... 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 ...

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 ...

EX-BENEFICIARIES OF SEVERSTROY PARTNER WERE INVOLVED IN THE SUBSIDY

... 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 to creditors. At the very beginning of the litigation, a problem arose with determining the role of each of the defendants in controlling the activities of the legal entity....

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