Subsidiary liability of controlling persons of a debtor excluded from the Unified State Register of Legal Entities

Dolgoruky A. I.

This article discusses certain issues of subsidiary liability of controlling persons of a debtor excluded from the Unified State Register of Legal Entities, taking into account the legal position of the Supreme Court of the Russian Federation in the case A65-27181 / 2018 of 01/30/2020. and in case А21-15124 / 2018 dated 08.25. The grounds for excluding a legal entity from the Unified State Register of Legal Entities as inactive, persons subject to subsidiary liability are indicated. As a result of the analysis of judicial practice and the current legislation, the grounds have been identified on which the court can establish the bad faith (unreasonableness) of the actions of the controlling person. The possibility of filing a claim for recovering losses from the head of a company excluded from the Unified State Register of Legal Entities is analyzed, its conditions, taking into account the legal positions of the Supreme Court of the Russian Federation, set out in cases A65-27181 / 2018 of 01/30/2020. and А21-15124 / 2018 from 25.08.2020.

Keywords:subsidiary liability, subsidiary liability of the controlling persons of the debtor, exclusion of the legal entity from the Unified State Register of Legal Entities, unfair actions of the controlling persons of the debtor, insolvency (bankruptcy), subsidiary liability for the debts of the company, inoperative legal entity