17.11.2008
The first law in draw, completely relevant to the governmental plan of antirecession measures, was brought in the Russian State Duma (Russian Parliament). This law in draw introduces the amendments into the legislation acts on the banking bankruptcy and the basic law on the bankruptcy, which defend the creditors, making complicated the procedure of withdrawal the assets by the managers of problematic banks and companies of the bankruptcy threshold. Experts are concerned that the law can strike on conscientious debtors.
The project claims the managers of problematic banks and other companies for the timely declaration on confession the organization as the bankruptcy entity. It must be done when the volume of obligations is over limited the value of assets. At present the bankruptcy procedure starts if the company cannot repay the over 100 000 RUR debt within three months. The law in draw can force the managers of insolvent companies for issuance the bankruptcy declaration before the property is forfeit.
The law in draw is aimed on responsibility gaining of those co-owners and heads of the companies and banks, which were not claim about the bankruptcy in time. Subsidiary responsibility can begin also for the loss of bookkeeping and other documents. The list of responsible persons is broaden with “control persons”. As the “control persons” the project implies both founders, their authorized representatives and chiefs of bookkeeping.
The contestation of bankruptcy companies economic operations must become easier. The managers will contestant not only the deals (at present the courts quite often admit them as the invalid) but also the actions on their execution – banking operations, contestation of which is claiming the problems, for example. The circle of suspiciousis transactions is also became wider.
