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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).

District Court indicated when the director’s subsidiary liability may be reduced

The Arbitration Court of the Ural District considered the case on the complaint of the former head of the debtor, whose claim to reconsider the judicial act due to newly discovered circumstances was rejected by the lower courts. The applicant had previously been brought to subsidiary liability and asked to take into account the fact of the sale of the revealed property of the debtor, which could have affected the amount of claims against him. Refusing to satisfy the application, the court of first instance indicated that ...

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 ...

COURT NOTICE ? SENDING A COPY OF THE APPLICATION TO THE DEFENDANT

... to subsidiary liability from the moment he received the mail from the creditor. The cassation sent the dispute for a new appeal, noting that the court of appeal limited itself to establishing the fact that the company had received an application for subsidiary liability by mail, which does not indicate that the commercial court had notified persons of the acceptance of the application for production. Since the court of appeal did not investigate the issue of proper judicial notification of the company, the refusal of the court of appeal to satisfy the applicant's request ...

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 ...

THE FACT OF THE RECOVERY OF FUNDS BY THE COURT DOES NOT INDICATE COMPENSATION FOR DAMAGE

The arbitration manager filed an application to the court to bring the beneficiaries of the debtor organization to subsidiary liability. The position of the first instance and the appeal The application was refused by the courts of the first and appellate instances. Arguing its position, the court of first instance was based on the manager's omission of the statute ...

THE COURT MUST ESTABLISH THE AMOUNT OF DAMAGES FROM THE MANAGER FOR FAILURE TO GRANT A SUBSIDY

... (no. A12-70406/16), the creditor (Federal Tax Service) filed an application for recovery of losses from the manager, in support of the claim pointing to the fact of late submission by the manager of an application for bringing controlling persons to subsidiary liability, which led to the omission of the statute of limitations. The courts of two instances satisfied the requirement of the Federal Tax Service in full, considering the composition of the losses proved. The cassation sent the dispute for a new consideration and noted the following: The lower instances did not take into ...

THE DISTRICT COURT CONSIDERED THE RIGHT OF SUBSIDIARY DEFENDANTS TO CLAIM DAMAGES

.... The organization demanded to recover losses from several affiliated structures (Russo Pack, Russo Logistics, Russo Industrial, etc.), as well as from a number of individuals who controlled the activities of the bankrupt enterprise in the past. The court accepted the petition for production. Urumkanov and Zamyatina also sent petitions, asking to be recognized as co-applicants in the matter of recovery of damages. However, already at the end of October 2022, the court received a new petition from ...

THE DISTRICT COURT INTRODUCED INTERIM MEASURES TO THE PROPERTY OF THIRD PARTIES UNDER THE SUBSIDY

In the bankruptcy case of the Express-Credit commercial bank (No. A40-235392/16), the issue of taking interim measures against third parties arose. The courts of two instances rejected the relevant request of the bankruptcy trustee, considering such a decision a violation of the rights of owners. However, the Arbitration Court of the Moscow District annulled the adopted judicial acts and introduced interim ...

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