One in three individuals is held subsidiary liable
According to the statistics of the Supreme Court of the Russian Federation, in every third bankruptcy case, there is an application for holding the management and participants subsidiary liable. Every second application is satisfied.
If a company is unable to satisfy the interests of creditors during bankruptcy, there is a high risk of being held liable for subsidiary liability:
In 2017, after the adoption of Federal Law No. 266-FZ, the "rules of the game" changed dramatically. In cases of applying for subsidiary liability, there is a presumption of guilt for respondents, and they are required to prove their innocence. And bankruptcy trustees declare subsidiary liability in almost every case of a bankruptcy of a private company. As a result, the number of such applications has increased 5–7 times.
Director of the legal firm "Rusyaev & Partners"
or debtor’s controlling persons — directors, founders, chief accountants, department heads, etc.
For individuals directly influencing the company's operations, who can be implicated based on indirect evidence.
Any forms of alternative liquidation, intentional actions leading to the bankruptcy of an entity, or fraudulent bankruptcy can result in criminal liability. Articles 173.1 and 173.2 of the Criminal Code of the Russian Federation impose imprisonment for up to 8 years on participants.