Ликвидатор – слуга двух господ

The legal status of the liquidator is special: the liquidator shall act not only for the benefits of the liquidated legal entity, but also for the creditor of such an entity. During liquidation of the debtor existing in the form of Limited Liability Company the liquidator didn’t consider the debt to our client in the documents, due to the same reason the debt was not paid off. Nevertheless, the debtor had previously recognized availability of debt, the liquidator was obliged not only to publish notification about liquidation commencement, but also informed the creditor about this in the written form, but it had not done this.

Non-notification of the creditor and failure to include the recognized debt into the liquidation balance-sheet is a violation of the creditor’s rights, for which the liquidator shall bear responsibility according to para. 2 of art. 64.1 of the Civil Code of the Russian Federation. Therefore, we have applied to the Arbitration Court in Moscow with the claim to the liquidator about loss compensation being equal to the amount of debt to our client.

In the context of consideration of the claim on case А40-228255/2019 by the court the liquidator had to conclude amicable agreement with our client and compensate losses prior to its approval by the court.

CategoryCorporate Law, News