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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 refused to attract the director to the subsidiary liability due to the confusion with timing

Supreme Court of Russia considered the case on the complaint of the former director and participant of the debtor on bringing him to the subsidy. The corresponding claim was filed by the manager, who indicated the director’s inaction,... ... period, the debtor had not yet had the signs of insolvency, which in turn indicated the impossibility of bringing his director to subsidiary liability. The next two instances, on the contrary, considered the manager's arguments convincing, pointing out that ...

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 ...

Supreme court of Russia canceled judicial acts due to legal uncertainty

The Economic Board considered the case of bringing the chairman of directors and chief accountant of the debtor-bank to subsidiary liability. The applicant's position was based on the fact that the mentioned persons had issued loans that could have been knowingly irrecoverable. The court of first instance satisfied the claim, but the appeal and the district rejected ...

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