The procedure for bringing the founder to subsidiary liability for the debts of an LLC

[mimakte]

In order to hold the founder and director of an LLC liable for subsidiary liability, creditors must take certain actions:

Obtain a court decision that the debtor enterprise has been declared bankrupt (an extract from the Unified Register of Legal Entities on the exclusion of such an organization).

Determine the amount of payments due to them.

Verify that debt collection through the sale of the debtor's property is impossible.

Obtain confirmation of the impossibility latvia email list of returning your funds at the expense of the property of a bankrupt organization (most often, a company that has been brought to such a state no longer has anything valuable).

File an application with the court to initiate a corresponding case against the entities that controlled the enterprise and its property. In other words, you need to file a claim for subsidiary liability for the debts of an LLC or other form of registration of organizations, where the defendants are the founders and director of the company.


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Does subsidiary liability always occur within the framework of bankruptcy?
There is a misconception among businessmen that the mandatory repayment of enterprise debts only arises during the consideration of bankruptcy cases. Please note: the provisions of the law provide for the possibility of bringing the founder to subsidiary liability even without the bankruptcy of his company.

For example, let's take a fairly standard situation when an entrepreneur no longer needs a certain organization, but he decided to avoid the costs of closing it. Subsequently, after 12 months, the fiscal authorities forcibly excluded such a company from the Unified State Register of Legal Entities.

In the event that an enterprise has a debt to the budget, the founder will not be able to avoid its collection. Tax liabilities arise due to the fault of the manager (he does not submit reports or simply does not pay what is due). The procedure for bringing the former founder to subsidiary liability is presented in the explanations of the Ministry of Finance of the Russian Federation dated February 15, 2018 No. 03-02-08/9589.

In addition to the fiscal authorities, the position of creditors should also be taken into account. They also have the right to bring the founder of a debtor enterprise who is not bankrupt to subsidiary liability. Let's consider a real situation when two shareholders closed a company that had a debt under a lease agreement in the amount of 700 thousand rubles.

[yadaysrdone]

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