Features of proving the status of a controlling person when considering disputes on bringing to subsidiary liability in bankruptcy cases

Features of proving the status of a controlling person when considering disputes on bringing to subsidiary liability in bankruptcy cases

JOURNAL:

BULLETIN OF ARBITRATION PRACTICE
Founders: Law House "Justicinform "(Moscow)
ISSN: 2223-1498

KEYWORDS:

SUBSIDIARY LIABILITY, CONTROLLING PERSON, ULTIMATE BENEFICIARY, ACTUAL AFFILIATION, PRESUMPTION, BRINGING TO BANKRUPTCY

ANNOTATION:

The article analyzes the changes in the legislation of the Russian Federation in terms of the possibility of bringing persons controlling the debtor to responsibility, considers the legal approaches of the Supreme Court of the Russian Federation on the application of legal norms when proving the existence of grounds for establishing subsidiary liability, considers the rules for applying legal presumptions for this category of disputes.