Deliberate bankruptcy

Orphaned from the company is very difficult to eliminate. Legislator There are two methods may gain the company’s owners: even to contain the company through bankruptcy or to sell the organization. Obviously, you should use the plans for upgrading the Business’s nominees, but because of current changes in regulation this method is fraught stop the return of obligations, and then the registration.

Oftentimes, to sell the organization is impossible, as is likely to be confronted with unscheduled inspections of managing systems, which consequently won’t provide its permission for the termination of exercise without reimbursement of obligations towards the budget.

It remains to bankruptcy, but to start this process takes a certain quantity of debt, which, based on the Federal Law «On Liquidation (Bankruptcy)» isn’t significantly less than 100 thousand. Apply. Which debt the organization can’t purchase 3 months or even more.

Which is where several homeowners choose only a little «support» their organization to attain bankruptcy. The techniques which are employed for this, very diverse, however the outcome may be the same: the organization includes a necessary size of your debt, however the chance to settle her, on the other hand, disappear. Such measures are called strategic bankruptcy.

Responsibility for deliberate bankruptcy

Bringing the company into bankruptcy — a wrongful act, therefore, for it provides for liability. The legislator will share the responsibility of perpetrators of deliberate bankruptcy. They can be charged with a crime or administrative offense. And lay the basis for the division of the severity of the consequences of the acts committed.

  • Criminal responsibility in the face if the bankruptcy has caused infliction of grievous bodily harm, which means damage amounting to more than 1.5 mln. Rubles. Art. 196 of the Criminal Code.
  •  Administrative liability in the event that the damage caused by the bankruptcy of less than 1.5 mln. Rubles. Art. 14.12 of the Administrative Code.

In addition, a person having control of the debtor, and this may be the founders or director involved in vicarious liability. Size exacted funds under vicarious liability is determined by the court. On the example of this company is as follows: it is well known that the participant Ltd. is responsible for the activities of the company as part of its share, ie. E. In bankruptcy, it will lose only the money that was made to the Foundation Fund. If the participant LLC attract vicarious liability, then it may be seized on his personal accounts and property.

How to identify deliberate bankruptcy?

Determine planned fake, in addition to bankruptcy, it’s possible having an independent evaluation. Often, finding some indicators of deliberate getting the organization to bankruptcy, bankruptcy commissioner also have the best lenders and increases the issue, but take action. In the end, they lose their capability to settle debts when the organization may lose their resources before bankruptcy proceedings.

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