Bringing the debtor’s controlling persons to subsidiary liability. Potential size – more than 3 billion rubles

ГлавнаяNewsBringing the debtor’s controlling persons to subsidiary liability. Potential size – more than 3 billion rubles

YUKO lawyers represented the interests of the bankruptcy trustee of a bankrupt enterprise in a dispute over bringing actual and nominal debtor’s controlling persons to subsidiary liability. Among those involved: former general directors, actual and nominal debtor’s controlling persons, the general director of a company that provided accounting services, heirs of debtor’s controlling persons, as well as a bank represented by Deposit Insurance Agency.

In the court of first instance, the lawyers managed to prove: the commission (approval) of invalid, void, unprofitable transactions, as well as transactions made on obviously unfavorable terms, the creation of a system of “aggressive” tax optimization mechanism and the creation of a business model aimed at systematically extracting benefits from third parties and beneficiaries to the detriment of the debtor, non-transfer, concealment and distortion of accounting documents and (or) reporting. The potential amount of subsidiary liability is more than 3 billion rubles. The exact amount will be determined after settlements with creditors are completed.

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