During the conference, VERBA LEGAL Partner of dispute settlement and bankruptcy practice Kirill Ponasyuk shared his experience in the area of subordination of claims arising out of investment agreements, peculiarities of subsidiary liability against the claim of an affiliated creditor, situations when the insolvency officers turn out to be on the “dark side” of the bankruptcy.

On the 8th of October, Vedomosti held the 10th jubilee conference dedicated to practical issues of the legal regulation of bankruptcy.

VERBA LEGAL Partner Kirill Ponasyuk spoke on the topic of bankruptcy as the means of forfeiture of the right for dividends and actual value of the equity share. Referring to the statistics of the RF Supreme Court, he noted that the number of domestic corporate disputes is gradually increasing. The speaker listed the ways of evasion from corporate payments in practice: specifically, asset withdrawal through closure of transactions with the affiliates (both before and after the member’s withdrawal from LLC), company’s winding-up or initiation of the bankruptcy proceedings. The creditors’ claims a priori prevail towards the company members which assume the risks of the company management; the claims of the members are satisfied from the liquidation quota.

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