Game rulesare guessed by the head of arbitration group “ “ OLGA - PLESHANOVA
has not passed also month after Joint-Stock Company sensational case “ Coherent “ typed the debts, separated from the group of companies with the same name and declared own bankruptcy as in court there was even more an interesting story. Today the arbitration court of Moscow should enter supervision in “ to the Social initiative and To “ the statement for which bankruptcy has been submitted in January, 2006, but not considered from - for remedial complexities. The deceived shareholders who put up in association money and have not received promised apartments became process outer side. But much more interesting there were latent mechanisms of this bankruptcy.
“ social initiatives “ actually two - Joint-Stock Company and kommanditnoe association (with addition “ and To “) . The association collected contributions of citizens, but its business owned Joint-Stock Company, whose share in skladochnom the capital “ the Social initiative and To “ exceeded 99,96 %. Uniqueness of a situation that both companies began to go bankrupt in parallel. Soon after association crash bankruptcy of Joint-Stock Company has begun also, external operating which Nikolay Adamov has managed to redeem 3,6 million rbl. of a debt “ the Social initiative and To “ before the citizen initiating business about bankruptcy of association. As a result of Joint-Stock Company “ the Social initiative “ has had an opportunity to put in association of the arbitration managing director and to receive control over process.
and three days ago, on the eve of introduction in supervision association, business about bankruptcy of Joint-Stock Company “ the Social initiative “ has wonderfully stopped. Certain citizen Romanovich has come to court and has declared that has paid all 25 million rbl. of debts before creditors of Joint-Stock Company. It has created a situation, when the initiator and the controller of bankruptcy of association “ the Social initiative and To “ its main participant who from the formal point of view is financially healthy will act.
to find out, who such Romanovich, whence it has come and for what has redeemed Joint-Stock Company debts, into the court competence did not enter. But occurrence “ the white knight “ - a case in judiciary practice exclusive. Now lawyers guess, when mister Romanovich will put in the new statement for bankruptcy of Joint-Stock Company “ the Social initiative “ which owes it 25 million rbl.
that such statement will follow, seriously it is not necessary to doubt. The matter is that the Civil code assigns to participants of association subsidiarnuju responsibility on its debts. And at participants of association responsibility considerably more religiously, than at founders of other organisations. Responsibility threat, possibly, it is possible to explain hasty bankruptcy of Joint-Stock Company “ the Social initiative “ from which it was necessary to leave so hasty. But in order that and further to avoid subsidiarnoj liability for debts “ the Social initiative and To “ Joint-Stock Company with the same name can become the legal bankrupt again at any moment.
I think that so ample opportunities for maneuver were not still in one bankrotnom business. The association becomes the bankrupt, its basic participant will be reliably protected from subsidiarnoj responsibility, citizens will return a small part of money, and buyers of not completed houses will receive solid business. On this background Joint-Stock Company history “ Coherent “ deduced from group with a maximum of debts and a property minimum, it starts to look rather primitive.