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“Subsidiary liability. An effective recovery tool or a formal procedure” — article by Ekaterina Mikhalskaya for the special issue of the Corporate Lawyer magazine

I don't want to be a pessimist, but it's easy to spoil a big barrel of honey with a fly in the ointment. The practical experience of representing the interests of creditors in bankruptcy allows us to assert that this is fully applicable to the subsidiary liability of persons controlling the debtor (hereinafter referred to as PCD).

Everything seems to be fine

It is difficult to deny the general importance of subsidiary liability, especially in the context of removing the "corporate veil" and holding accountable for the debts of a legal entity of its beneficiaries. The Plenum of the Supreme Court, in paragraph 1 of Resolution No. 53 of December 21, 2017 (hereinafter referred to as Resolution No. 53), stressed that "bringing persons controlling the debtor to subsidiary liability is an exceptional mechanism for restoring violated creditors' rights."

The fact that the norms work is confirmed, it would seem, by the lively interest of specialists and doctrine in what is happening. It is difficult to ignore one of the last works of 2021, "Subsidiary and other liability of controlling persons in bankruptcy", in which the author (Lotfullin R.K.) comments and summarizes judicial practice.

Available statistical data indicate (it seems) a steady increase in the number of claims for subsidiary liability of CDL and an increase in the total amount of liability: in 2015, 19 people were involved in the amount of 3.1 billion rubles, and in 2020 — 3191 people in the amount of 395.3 billion rubles.

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