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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 contract. The cassation sent the dispute for reconsideration and noted that the defendant, having concluded general work contracts containing a condition on a fixed price for the work, carried out work by subcontractors...

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

... from business activities in the accounts of the lessor and obligations on the debtor, as sufficient to bring the defendant to subsidiary liability, taking into account the specific obligations of the case on the amount of income received by the lessor,... ... order to conclude about the organization of a loss center and a profit center, as a basis for bringing the controlling debtor to subsidiary responsibility, it is necessary to establish the receipt of such income, which is comparable to the amount of the debtor's ...

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 SUBSIDIARY OF THE HEAD OF THE COUNTERPARTY COMPANY WILL BE CHECKED BY THE SUPREME COURT

The bankruptcy process of Finprombank (case no. A40-196703/2016) turned into subsidiary liability for Andrey Barinov, the former head of the Customs Card company, who managed the organization from the end ... ... damage in the amount of 192 million rubles. The arbitration judges considered that they had satisfied Barinov's request for a subsidiary, considered him to be the beneficiary of his personal loan transactions and contracts of the organization controlled ...

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

Dmitry Saveliev, who once represented the Tula Region in the Federation Council, is now under arrest. The reason for this was the accusation that Saveliev had organized the liquidation of his former business partner. However, this time the ex-senator also became a defendant in the framework of the subsidy. Uralstroyneft's creditors are demanding to recover more than 3 billion rubles from him and several other persons. The final amount has not yet been determined. It is assumed that its exact value...

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 ...

NOT ALL BANK MANAGERS WILL BE INVOLVED IN THE SUBSIDY

The manager appealed to the court with an application to bring the bank's controlling persons to subsidiary liability (case No. A40-148648/16). The courts of two instances satisfied the application, guided by the fact that the defendants committed actions to approve loans to technical borrowers, which led to the bankruptcy of the bank. The cassation ...

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