On July 27,\nthe final, fourth online conference dedicated to bankruptcy was held by MCBA\n\u201cBureau of Lawyers \u201cDe Jure\u201d together with the portal Dolg.RF and Rykov Group. This\ntime, legal experts spoke about the risks for managers associated with\nsubsidiary and criminal liability in the event of bankruptcy of companies.<\/p>\n\n\n\n
The\nconference moderator, Head of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d Nikita\nFilippov, set the tone of the discussion from the very beginning, saying:\n\u201cLegislation is actively developing, closing the gaps, introducing new grounds for\nbringing to subsidiary and criminal liability. \nSo, in order to combat nominals, provisions on active repentance were\nintroduced – when the nominee can be freed from responsibility, providing\nactive assistance in finding and attracting beneficiaries. But more and more new schemes appear –\nnominal directors and owners are often attracted from foreign countries, so it\nis more difficult to bring them to justice. “<\/p>\n\n\n\n
Alexander\nPogodin, Deputy Head of MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d for Criminal Cases,\ndevoted his report to the analysis of risks for the leaders of the “second\nechelon” in the course of company bankruptcies. According to him, if the head of the second\nechelon took part in the work of the company’s governing bodies and in the\ncoordination of transactions, then this sharply increases the risks of\nprosecution. To minimize risks, Pogodin\nadvised to adhere to the principles of honesty and reasonableness in relations\nwith counterparties, to observe all corporate procedures as clearly as\npossible, to carefully analyze all risks and rely on the help of teams of\nforensic lawyers.<\/p>\n\n\n\n
Adelina\nPoluvaltseva, Director of Legal Affairs at Cirque du Soleil in Russia, inquired\nabout the risks of bringing lawyers of a bankrupt company to subsidiary and\ncriminal liability. According to\nAlexander Pogodin, if the lawyer was not a member of the collegial management\nbodies of the company, then the risks of prosecution are minimal. But if he was, for example, a member of the Board\nof Directors, then the situation is different. \n“However, in this case, the claims will be presented to him not as\na lawyer, but as a beneficiary,” – the representative of “De\nJure” said.<\/p>\n\n\n\n
Twice winner\nof the Best Lawyers 2020 & 2021 rating, lawyer Alexey Kasatkin continued\nthe topic of risks for lawyers, devoting his presentation to how law\nenforcement agencies can qualify the work of a company’s internal lawyers. According to him, they can be accused of such\ntypes of complicity in a crime as incitement (expressed, for example, in\nconsultation and misleading), aiding (drafting documents, giving advice on tax\noptimization schemes), mediation (in bribery and commercial bribery)..<\/p>\n\n\n\n
Expert of GC\n“Rykov Group” and journalist of Dolg.RF Jamilya Sadykova highlighted\nthe issue of who the actual beneficiary is. \nThis is a person who has obtained a significant (relative to the scale\nof the company’s activities) benefit in the form of an increase (saving) of\nassets, which could not have been formed if the actions of the debtor’s\nmanagement were in accordance with the law, including the principle of good\nfaith. Sadykov also touched upon the\nquestion of whether subsidiary liability can be inherited. \u201cThe testator’s debt arising as a result of\nbringing to subsidiary liability is included in the inheritance mass. In other words, if you inherit assets, then\nyou will also have to take liabilities,\u201d – she explained.<\/p>\n\n\n\n
The speeches\nof the conference organizers aroused a keen interest of the audience and a lot\nof clarifying questions regarding specific cases.<\/p>\n\n\n\n
The full\nrecording of the online conference can be viewed on the YouTube channel of “De\njure”. <\/p>\n","protected":false},"excerpt":{"rendered":"
On July 27, the final, fourth online conference dedicated to bankruptcy was held by MCBA \u201cBureau of Lawyers \u201cDe Jure\u201d together with the portal Dolg.RF and Rykov Group. This time, legal experts spoke about the risks for managers associated with subsidiary and criminal liability in the event of bankruptcy of companies. The conference moderator, Head…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[111],"tags":[163],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33317"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33317"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33317\/revisions"}],"predecessor-version":[{"id":33318,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33317\/revisions\/33318"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33317"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}