The beneficiaries of the "abandoned" will be brought to subsidiary responsibility. Recent explanations of the COP
21 may 2021
It becomes more dangerous to abandon the company: important explanations of the Constitutional Court on the procedure for bringing the beneficiaries of "abandoned" to subsidiary responsibility.
The courts of general jurisdiction refused to bring the creditor to subsidiary liability of the controlling persons of the LLC excluded from the Unified State Register of Legal Entities as an inactive LLC. But the creditor did not despair and challenged the constitutionality of the provision of clause 3.1 of Article 3 of the law "On LLC".
The Constitutional Court proposed to review the case, pointing out that the burden of proving the absence of guilt in the failure to fulfill the obligations of the debtor, subsequently excluded from the Unified State Register of Legal Entities as an inactive legal entity, lies precisely on its controlling persons.
The beneficiaries of the "abandoned" will be brought to subsidiary responsibility. Recent explanations of the COP
It becomes more dangerous to abandon the company: important explanations of the Constitutional Court on the procedure for bringing the beneficiaries of "abandoned" to subsidiary responsibility.
The courts of general jurisdiction refused to bring the creditor to subsidiary liability of the controlling persons of the LLC excluded from the Unified State Register of Legal Entities as an inactive LLC. But the creditor did not despair and challenged the constitutionality of the provision of clause 3.1 of Article 3 of the law "On LLC".
The Constitutional Court proposed to review the case, pointing out that the burden of proving the absence of guilt in the failure to fulfill the obligations of the debtor, subsequently excluded from the Unified State Register of Legal Entities as an inactive legal entity, lies precisely on its controlling persons.
Link to the news: Бенефициаров «брошенок» привлекут к субсидиарной ответственности. Свежие разъяснения КС (klerk.ru)
Resolution of the Constitutional Court