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“Approaches to the concept of actual affiliation” — Oleg Ganyushin’s comment to “Delovoy Peterburg”

Courts revise approaches to the notion of actual affiliation.

"In cases of bankruptcy we often face the need to go beyond the formal definition of a "group of persons" in the law on the protection of competition or "interested persons" in the bankruptcy law," says Oleg Ganyushin, a lawyer in Prime Advice. - Like this, in one bankruptcy case of a ship repair plant in order to dispute the transaction we proved the connection of persons through identical names and addresses, as well as some relations between the companies: the holder of the property complex rented it to another firm for 7 years without raising the rent, and studying financial flows showed that part of the money received from leasing was returned to the accounts of persons connected with the tenant. A similar situation developed during the rehabilitation of one of the banks of the North-West. The bank aims was to improve its numbers in the reports to the Central Bank, so it transferred the right of claim for the overdue and technical loans of a related company. At the same time bank did not pay for these rights during years. We proved the actual affiliation, based on the non-market nature of such relations. "

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