A client of our bureau paid for the supply of equipment, but the supplier failed to deliver the goods and ceased all communication. The cost of the unfulfilled advance payment was recovered from the supplier through court proceedings; however, by the time enforcement proceedings commenced, the supplier company had already been excluded from the Unified State Register of Legal Entities (EGRUL) pursuant to Article 21.1 of Federal Law No. 129-FZ on the grounds of unreliability of information concerning its address and director. We conducted an investigation and established that the persons controlling the supplier company had deliberately created a situation (by repeatedly changing their first and last names) in which the tax authority concluded that the information about the company was unreliable and excluded it from the EGRUL, thereby seeking to extinguish the company’s debts along with the company itself.
We filed a claim with the Moscow City Arbitration Court against the controlling persons of the supplier company, citing their bad-faith conduct and seeking to hold them subsidiarily liable for the company’s debts. The court agreed with the arguments set out in our claim and, in the course of considering case No. A40-335461/2025, concluded that the company’s liquidation due to the unreliability of information about it was the result of the directors’ inaction, for which they must be held accountable. Despite the inherent difficulties of proof in this category of disputes, on 28 May 2026 the Moscow City Arbitration Court granted the claim in full, and the decision has entered into legal force. The court once again confirmed: directors of commercial organizations are obliged to act in good faith; otherwise they may be held subsidiarily liable for the decisions they have taken.
