Dispute on bringing KDL to subsidiary liability

Client's area:
One of the largest stationery and office market operators
Review term:
16 months
Protection of a client in the framework of a bankruptcy case, in a separate dispute on bringing KDL to subsidiary liability in the amount of more than 800,000,000 rubles
A bankruptcy creditor filed an application for bringing the debtor's former sole shareholder to subsidiary liability. In support of the arguments on bringing to subsidiary liability in his application, taking into account the following clarifications, the creditor referred to the fact that our client was obliged to initiate an appeal to the arbitration court with a statement declaring the company insolvent, due to the presence of signs of insolvency

In the present dispute, we proved that the provisions of chapter III.2 of the Bankruptcy Law, regarding the determination of the grounds for bringing a shareholder to subsidiary liability, were not applicable. In addition, we were able to justify the court that the subsidiary liability of the participant or shareholder of the debtor occurs only when, as a result of his behavior, the debtor not only suffered property damage, but became bankrupt, that is, a person who cannot satisfy the claims of creditors and fulfill public obligations due to a significant decrease in the volume of its assets under the influence of the controlling person


By the ruling of the Moscow Region Arbitration Court, the court refused the bankruptcy creditor to bring our client to subsidiary liability in full

Gushin Fedor Aleksandrovich
Deputy Chairman of the Board of MBA “MAGNETAR”, lawyer, senior partner