It turns out that the applicant has
Posted: Sun Jan 19, 2025 9:01 am
It is clear from the table that when determining the limitation period, one should take into account the date when the action/inaction took place, on the basis of which subsidiary liability arises under the Federal Law “On Bankruptcy”.
The most “soft” period for the defendant is the period 2013–2017, when a subjective period of one year from the moment of knowledge of the relevant event was used. Since the bankruptcy procedure is quite lengthy (from three to five to seven years, and in some cases even longer), the likelihood that the court will take into account the events specified in the application and that occurred during this period is still quite high in 2023. As a result, the defendant can achieve the dismissal of the claim by the court on the grounds of the expiration of the limitation period.
Moreover, if compared with earlier versions of the Federal Law under consideration, the limitation periods in effect from July 31, 2017 to the present time appear to be the most extended and clearly regulated.
Nevertheless, even now there are a number of aspects that give hope to defendants for the application of the norms of the limitation periods. Thus, in the latest version of the Federal Law "On Bankruptcy" there is no clear indication from what date a claim for subsidiary liability can be filed within the framework of the relevant cases. Clauses 1 and 2 of Article 61.14 of this document indicate only that a certain circle of participants in the process have the right to file applications within the framework of any procedure for such a case.
the right to file a claim for subsidiary liability at the observation stage, if he has the appropriate grounds. Such examples do indeed occur in judicial practice.
The applicant may have business owner database grounds for bringing to subsidiary liability after the preparation of the analysis of the financial and economic activity of the debtor (this term is used in the Federal Law "On Bankruptcy"). The fact is that in the financial analysis the bankruptcy trustee indicates the date when the company becomes insolvent. In the same document, the debtor's contracts for three years are examined to assess their "suspiciousness". A check is carried out to determine whether there were any instances of asset withdrawal by the bankruptcy trustee during the specified period.
The above information demonstrates that already at this stage the bankruptcy trustee and the debtor's creditors, who have the right to familiarize themselves with the financial analysis, receive information that serves as the basis for bringing to subsidiary liability. At this point, a corresponding claim can be filed.
Since the application for bringing the founder of the organization to subsidiary liability is mainly submitted within the framework of bankruptcy proceedings after challenging the contracts of the debtor company (this takes from 12 to 24 months), it becomes possible to more specifically determine the date of the limitation period. According to the norms of the law, this is three years from the moment the applicant receives the information that serves as the basis for the claim. In a situation where the limitation period has been missed, it is necessary to notify the judicial authority.
Some shareholders, company directors and other CDLs believe that the subsidiary liability of the founder for the debts of a legal entity has nothing to do with reality. This opinion is erroneous and dangerous. We recommend that you better understand this issue. This will prevent the occurrence of subsidiary liability and protect yourself from trouble.
The most “soft” period for the defendant is the period 2013–2017, when a subjective period of one year from the moment of knowledge of the relevant event was used. Since the bankruptcy procedure is quite lengthy (from three to five to seven years, and in some cases even longer), the likelihood that the court will take into account the events specified in the application and that occurred during this period is still quite high in 2023. As a result, the defendant can achieve the dismissal of the claim by the court on the grounds of the expiration of the limitation period.
Moreover, if compared with earlier versions of the Federal Law under consideration, the limitation periods in effect from July 31, 2017 to the present time appear to be the most extended and clearly regulated.
Nevertheless, even now there are a number of aspects that give hope to defendants for the application of the norms of the limitation periods. Thus, in the latest version of the Federal Law "On Bankruptcy" there is no clear indication from what date a claim for subsidiary liability can be filed within the framework of the relevant cases. Clauses 1 and 2 of Article 61.14 of this document indicate only that a certain circle of participants in the process have the right to file applications within the framework of any procedure for such a case.
the right to file a claim for subsidiary liability at the observation stage, if he has the appropriate grounds. Such examples do indeed occur in judicial practice.
The applicant may have business owner database grounds for bringing to subsidiary liability after the preparation of the analysis of the financial and economic activity of the debtor (this term is used in the Federal Law "On Bankruptcy"). The fact is that in the financial analysis the bankruptcy trustee indicates the date when the company becomes insolvent. In the same document, the debtor's contracts for three years are examined to assess their "suspiciousness". A check is carried out to determine whether there were any instances of asset withdrawal by the bankruptcy trustee during the specified period.
The above information demonstrates that already at this stage the bankruptcy trustee and the debtor's creditors, who have the right to familiarize themselves with the financial analysis, receive information that serves as the basis for bringing to subsidiary liability. At this point, a corresponding claim can be filed.
Since the application for bringing the founder of the organization to subsidiary liability is mainly submitted within the framework of bankruptcy proceedings after challenging the contracts of the debtor company (this takes from 12 to 24 months), it becomes possible to more specifically determine the date of the limitation period. According to the norms of the law, this is three years from the moment the applicant receives the information that serves as the basis for the claim. In a situation where the limitation period has been missed, it is necessary to notify the judicial authority.
Some shareholders, company directors and other CDLs believe that the subsidiary liability of the founder for the debts of a legal entity has nothing to do with reality. This opinion is erroneous and dangerous. We recommend that you better understand this issue. This will prevent the occurrence of subsidiary liability and protect yourself from trouble.