Protection against subsidiary liability

Protection against subsidiary liability for debts of a bankrupt company

Situation:

The company LLC ZMK STIL-MARK in April 2014 received an advance in the amount of more than 11 million rubles from CJSC Interstroy Holding. In September 2014, LLC ZMK STIL-MARK ceased to exist by joining LLC Soling Company. In December 2015, the Soling Company was declared bankrupt. The principal of the company, I. A. Arbuzova, was a member of ZMK STIL-MARK LLC with a 10% share in the authorized capital. In the framework of the bankruptcy case, the creditor filed a statement on the involvement of I. Arbuzova and other persons to subsidiary liability and recovery of 11 million rubles.

Task:

To achieve denial of claims, protect the principal from subsidiary liability for the debts of a bankrupt company.

Actions taken:

Lawyers built a defense strategy in court and successfully defended the interests of the principal.

Result:

The Moscow Arbitration Court refused the claim in full.

Tatiana Protsenko
Managing Partner, Attorney

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