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Bringing persons controlling the debtor to subsidiary liability in case of bankruptcy of the debtor

Relações Internacionais no Mundo Atual, 2022
Background: In 2009, the Russian legislation established the institution of bringing to subsidiary responsibility the head of the debtor, as well as other persons controlling the debtor for causing harm to the debtor who is unable to satisfy all creditors' claims.
Svirin, Yury Alexandrovich   +3 more
openaire   +1 more source

ОN THE ISSUE OF SUBSIDIARY LIABILITY OF THE CONTROLLING DEBTOR OF A PERSON FOR DEBTS EXCLUDED FROM THE UNIFIED STATE REGISTER OF LIMITED LIABILITY COMPANIES

Ex Jure, 2023
Abstract: the article considers the institution of bringing to subsidiary liability of persons controlling the debtor in case of exclusion of a limited liability company from the Unified State Register of Legal Entities in the manner prescribed for inactive legal entities.
A. V. Bormotov, D. V. Nosov
openaire   +1 more source

Subsidiary Liability of Controlling Persons of Industrial Enterprises: Main Legal Conflicts

2020
This work describes specific features of applying the institute of subsidiary liability of controlling persons of the enterprise. Creditors who have claims of non-fulfillment of obligations have been given the opportunity to pursue unlimited civil law actions against persons that are not directly related to them, which creates a certain imbalance and ...
openaire   +1 more source

On the inextricable link between the personality of the participant and the society on the example of law enforcement practice on bringing the debtor's controlling persons to subsidiary liability

Economic Problems and Legal Practice, 2021
The purpose of the research. Bankruptcy proceedings increasingly involve not only controlling persons but also members of their families. The reason for this is the conflict of interests of the family and creditors. The development of bankruptcy legislation leads to a reduction in the possibilities of preserving the property of family members from ...
openaire   +1 more source

Special Aspects of Bringing Persons Controlling a Debtor to Subsidiary Liability in Insolvency (Bankruptcy) Cases

Russian judge
This article is devoted to the study of the specifics of bringing to subsidiary liability persons controlling the debtor in insolvency (bankruptcy) cases. The diversity of judicial practice of arbitration courts and its generalization in the resolution of the Plenum of the Supreme Court of the Russian Federation did not resolve numerous issues arising ...
Andrey A. Romanov, Anna V. Nabokova
openaire   +1 more source

On the Issue of Bringing a Controlling Person to Subsidiary Liability for the Obligations of an Inactive Limited Liability Company That Has Ceased Its Activities

Rossijskoe pravosudie
The article discusses the issues of bringing to subsidiary liability provided for in clause 3.1 Article 3 of the Federal Law “On Limited Liability Companies”, designed from the end of 2018 to provide additional guarantees for the protection of the rights and legitimate interests of creditors in the event of exclusion of the company from the unified ...
Leonid V. Fonoberov   +1 more
openaire   +1 more source

ON THE POSSIBILITY TO ACKNOWLEDGE PUBLIC LAW STRUCTURES AND PERSONS ACTING UNDER THEIR SPECIAL INSTRUCTION AS PERSONS CONTROLLING A DEBTOR, AND BRING THEM TO SUBSIDIARY LIABILITY

Economy and law
One of the central legal concepts of insolvency (bankruptcy) as a complex branch of legislation in Russia is the so-called “controlling debtor”, which appears in disputes on bringing to subsidiary liability in bankruptcy proceedings. Traditionally, legal science and judicial practice consider as such individuals and legal entities that may determine ...
Mark V. Litskas   +2 more
openaire   +1 more source

Proof of Good Faith as a Way to Protect Persons Controlling the Debtor Brought to Subsidiary Liability

Теория и практика общественного развития
The article analyzes the protection of persons controlling the debtor from subsidiary liability for the debts of an insolvent organization by proving their good faith. The article explores the challenges faced by individuals held liable in demonstrating the good faith of their actions, depending on the grounds for such liability.
openaire   +1 more source

The Statutory Conflict Arising in Exercising by a Tax Authority of the Right to Bring Persons Controlling a Debtor to Subsidiary Liability in Bankruptcy Proceedings

Taxes
The legal regulation of holding persons controlling the debtor to subsidiary liability during bankruptcy is complex and contradictory. At the same time, when, along with other creditors, tax authorities are included in their number, then in addition to the norms of bankruptcy legislation, it is also necessary to take into account the norms of ...
Vladimir V. Dubrovin   +1 more
openaire   +1 more source

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