Subsidiary liability in the Russian Federation. New practice
Please sign in so that we can notify you about a reply
After the modernization of bankruptcy legislation in 2017, subsidiary liability year after year continues to gain popularity as an effective tool for collecting debts.
The time has come for a new reality. No matter how much the debtors would hide money from creditors, it is becoming more difficult and difficult to do. The times when it was possible to quit a company with debts and continue your business under a different legal entity has forever gone into the past. It is no longer a problem to recover missing money from the director of the director if he transferred his property to them, from children and even from the heirs. In practice, there were cases when the amount collected from individuals reached 2.5 billion rubles. It is possible that with such a duty a person will never pay, and the bailiffs will be pursued by him.
From 2019, about 6,000 statements are submitted to control of subsidiary liability (according to the statistical ballot of the EFRSB of June 30, 2021) And even the pandemic did not affect these figures: in 2020, 6635 applications were submitted, and for six months of 2021 - 3339. It is expected that according to the results of 2021, the number of applications will again exceed 6,000. At the same time, the number of satisfied requirements is growing annually. Now the ratio is "50 to 50". With such statistics, letting everything on its own and hope for the best outcome is just the top of frivolity.
But what to do to those who were not going to deceive creditors, but the company"s affairs went bad for objective reasons? Does it mean now that, together with the loss of business, a person will have to part with his personal property that he honestly earned? Not at all. The task of the bankruptcy procedure is to find a balance and complete the case with minimal losses for both sides. But in order for everything to go just that way, the debtor needs to take measures in advance when the first signs of financial instability appeared. Remember, attentive attitude to the organization’s affairs and relevant information about trends in subsidiary liability will help you protect you from fatal business errors.
3rd edition, supplemented
The time has come for a new reality. No matter how much the debtors would hide money from creditors, it is becoming more difficult and difficult to do. The times when it was possible to quit a company with debts and continue your business under a different legal entity has forever gone into the past. It is no longer a problem to recover missing money from the director of the director if he transferred his property to them, from children and even from the heirs. In practice, there were cases when the amount collected from individuals reached 2.5 billion rubles. It is possible that with such a duty a person will never pay, and the bailiffs will be pursued by him.
From 2019, about 6,000 statements are submitted to control of subsidiary liability (according to the statistical ballot of the EFRSB of June 30, 2021) And even the pandemic did not affect these figures: in 2020, 6635 applications were submitted, and for six months of 2021 - 3339. It is expected that according to the results of 2021, the number of applications will again exceed 6,000. At the same time, the number of satisfied requirements is growing annually. Now the ratio is "50 to 50". With such statistics, letting everything on its own and hope for the best outcome is just the top of frivolity.
But what to do to those who were not going to deceive creditors, but the company"s affairs went bad for objective reasons? Does it mean now that, together with the loss of business, a person will have to part with his personal property that he honestly earned? Not at all. The task of the bankruptcy procedure is to find a balance and complete the case with minimal losses for both sides. But in order for everything to go just that way, the debtor needs to take measures in advance when the first signs of financial instability appeared. Remember, attentive attitude to the organization’s affairs and relevant information about trends in subsidiary liability will help you protect you from fatal business errors.
3rd edition, supplemented
Author:
Author:Рыков Иван Юрьевич
Cover:
Cover:Hard
Category:
- Category:Law & Legal
- Category:Politics & Social Science
- Category:Reference books
ISBN:
ISBN:978-5-8354-1682-0
No reviews found