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Vicarious liability of controlling parties: the circle of subjects has expanded
Vicarious liability of controlling parties: the circle of subjects has expanded
Due to amendments introduced into bankruptcy laws, vicarious liability of parties exercising control over a debtor becomes virtually unavoidable, and the circle of such parties hаs been significantly expanded (it includes, for instance, a company’s chief accountant and CFO). Alexey Moroz commented on the amendments for the Lawyer Online.
02 October 2017
Provisions supplemented and systematized
Provisions supplemented and systematized
Alexey Moroz comments on clarifications relating to the procedure of commercial arbitration courts hearing cases complicated by a foreign element which are contained in the Ruling of the Plenum of the Supreme Court of the Russian Federation dated 27.06.2017 No. 23.
20 September 2017
A company has not made an advance payment. How to fight a supplier’s claim
A company has not made an advance payment. How to fight a supplier’s claim
A company enters into a supply contract containing a pre-payment clause, but then decides not to purchase the goods. The supplier will most likely initiate court proceedings. It may either claim to recover the advance payment plus interest for a delay in payment or a penalty if it provided for by a contract. Read further in the article what arguments the supplier will be using in court and how to rebut them.
18 September 2017
The company lost accounting documents. When the director is not responsible for this
The company lost accounting documents. When the director is not responsible for this
Bankruptcy proceedings have been initiated against the company. In court, it turned out that the accounting department was flooded and all the documents were gone. The creditors demand that the director be held accountable. What it threatens and what to do - read the article.
16 September 2017
Payments, line up!
Payments, line up!
In its Ruling dated 25.04.2017 No. 46-КГ17-4, the Supreme Court of Russia explained the priority of satisfying claims under a loan agreement.
13 July 2017
10 payment related questions when a works contract is terminated earlier
10 payment related questions when a works contract is terminated earlier
Parties entered into a works contract, and the contractor proceeded to perform works, however, the contract is terminated before they are completed. How much is the customer supposed to pay?
11 July 2017
Four regulations for small and mid-sized businesses
Four regulations for small and mid-sized businesses
In May 2017, the Russian government approved amendments to regulations related to public procurement from small and mid-sized businesses. Dariya Nyukhalkina, lawyer, Exiora Lae Firm, commented on the amendments for the Lawyer Online publication.
04 July 2017
Lending Institutions in Bankruptcy
Lending Institutions in Bankruptcy
Presently bankruptcy of financial institutions in Russia is primarily associated with cleaning of the banking sector evidenced by a steady growth of the number of banking licenses revoked by the Bank of Russia. Meanwhile, bankruptcy of financial institutions has its specifics in the form broad powers granted to the Central Bank which invokes special rules.
30 May 2017
Property Liability of the State
Property Liability of the State
Despite the fact that the state equally participates in civil law relations (Paragraph 1, Article 124 of the Russian Civil Code), applicable laws contain special rules concerning the liability of the state for losses incurred due to exercise of its power authorities.
10 May 2017
Review of Russia’s Supreme Court practice: contracts and obligations
Review of Russia’s Supreme Court practice: contracts and obligations
On February 16, 2017 the Presidium of the Supreme Court of the Russian Federation approved this year’s first court practice review. The Review is mostly dedicated to matters related to contract law and law of obligations, including disputes involving banks and insurance companies.
16 March 2017
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