Under personal responsibility
the Court can toughen requirements to liquidators
Unfair directors - liquidators have got under a sight of the Supreme Arbitration Court (YOU). About it business of the creditor and the liquidator testifies to the indemnification, put by actions of the last at business closing. Creation of new requirements to liquidators can become result of dispute, lawyers consider.
the Subject of consideration of the Higher arbitration yesterday became has put Open Company “ the Lily “ and the liquidator of Joint-Stock Company “ Rest “ Yury Tochansky. Dispute has begun summer of 2011, when “ the Lily “ has addressed in court with the requirement to collect from the citizen of Tochansky 9,8 million rbl. of the losses ostensibly put by it in the course of liquidation. According to business materials, pravopredshestvennikom “ Resta “ was Joint-Stock Company “ Binar “.
In the end of 2007 at general meeting of shareholders (WASP) “ Binara “ The decision on reorganisation was accepted: from the company the society " has been allocated; Rest “. To it have passed the rights and duties under the lease contract with “ the Lily “. Apparently, to carry out of these obligations at “ Resta “ it has not turned out.
In June, 2010 the arbitration court has passed the decision, on which in advantage “ Lilies “ with “ Resta “ it has been collected more than 9,7 million rbl. of losses in connection with nonpayment of rent payments. In four days on the WASP “ Resta “ the decision on company liquidation was accepted. By the liquidator has been appointed g - n Tochansky. Thus the sum of money awarded by court, has not been included in intermediate and liquidating balances “ Resta “. “ the Lily “ also has not been notified on the beginning of liquidation of the debtor.
On this basis “ the Lily “ has addressed in arbitration with the claim to g - well Tochansky. Yury Tochansky has explained that it has not included the sum of debts of liquidating balance and has not directed “ Lilies “ the notice on liquidation because a judgement about collecting of rent losses has not come into force. “ quite often unfair liquidators use formally - legal possibility not to notify creditors about the beginning of procedure of liquidation, referring to the judgement which has not entered validity confirming presence of accounts payable “ — head of corporate practice of legal firm Sameta Olga Snitserova makes comments.
Inferior courts have supported the liquidator. However the three of judges has doubted correctness of the approach of courts and has transferred dispute in presidium YOU which has sent yesterday business on new consideration.
According to the head of group on a resolution of disputes “ FBK - the Right “ Annas Grishchenkovoj, the non-standard of this dispute is caused by that the companies - creditors very seldom address with the claim directly to the liquidator who is the physical person. “ the signal is given liquidators that their activity should be diligent and reasonable, otherwise they will bear real responsibility “ — the lawyer notices.
“ That fact that has paid YOU to this problem attention, tells about continuation of a consecutive position YOU, directed on attraction of a management of the companies to responsibility for caused by their actions (bezdejstvijami) losses both in managerial process by the company, and at its liquidation “ — it is assured g - zha by Snitserova.