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... insolvency procedure. Moreover, the court of appeal referred to the fact that at the time of the consideration of the application a decision had not yet been made in another case, within which the bankruptcy manager had requested the documents. However, the district court did not agree with this opinion and outlined a number of important theses. When considering cases of attracting head of company to subsidiary liability due to the lack of the required documentation, it is important to remember the burden of proof. On the one hand, the applicant, in this case, the manager, is obliged to submit to the court the evidence that the failure to submit documents significantly hampered the bankruptcy proceedings....
Modified: 04.22.2021Sorted by relevance | Sort by date