TUS manager wishes to bring TGK-2 to liability for 4.3 billion roubles

The trustee in bankruptcy of Tver Utility Systems OJSC (TUS) filed with the court of arbitration of the Yaroslavl Region a claim to bring TGK-2 OJSC (sole shareholder of TUS) and Dmitry Morozov, former general director of TUS, to subsidiary liability for the TUS obligations in the amount of 4,3 billion roubles. RAPSI received this information in the court on Thursday.

Specialists questioned by RAPSI believe that the filing with the court of a claim to bring to liability for the bankrupt’s debts its main shareholders and former managers is an effective and practically only way to recover the debts.

Advocate Vasily Raudin of the Law Firm "YUST" says that the institution of bringing of controlling entities of the bankrupt debtor to subsidiary liability is one of the most actively developing in the sphere of legal regulation of insolvency matters. However, he pointed out that there are problems based on the difficulty of proving of certain material circumstances of the case. Besides, the legal regulation of bringing the controlling entities of the debtor to subsidiary liability has suffered several significant changes over the last five years. According to V.Raudin, the development of regulation of the matters of subsidiary liability of the debtor’s controlling entities allows hoping that the courts would be more loyal towards the respective claims.

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