Corporate law. Bankruptcy prevention (most important)

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Corporate law. Bankruptcy prevention (most important)

Lecture notes, cheat sheets

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27. Bankruptcy warning

Bankruptcy prevention is a stage of the bankruptcy procedure. When carrying out the bankruptcy procedure, the final stage of this procedure is not necessarily reached; in the presence of certain legal facts, bankruptcy cannot be carried out. One of these facts is the presence of a healing effect in the implementation of recreational activities. When implementing the bankruptcy procedure, a complex and multi-stage mechanism is put into action, the significance of which is to prevent the financial collapse of the organization.

The arbitration court, like the state, does not set itself the goal of achieving the liquidation of a legal entity declared bankrupt at all costs, the primary task in this case is to prevent negative economic consequences for both the legal entity itself and its creditors.

The prevention of bankruptcy of a legal entity involves the production of certain measures. Such measures are top-priority, the legislation on bankruptcy of a legal entity provides for other measures. In the event of the occurrence of signs of bankruptcy established by the bankruptcy legislation, the head of the debtor is obliged to send to the founders (participants) of the debtor, the owner of the property of the debtor - a unitary enterprise, information on the presence of signs of bankruptcy.

The founders (participants) of the debtor, federal executive authorities, executive authorities of the constituent entities of the Russian Federation, local governments are obliged to take timely measures to prevent the bankruptcy of organizations.

In order to prevent the bankruptcy of organizations, the founders (participants) of the debtor, before filing an application for declaring the debtor bankrupt with the arbitration court, take measures aimed at restoring the solvency of the debtor. Measures aimed at restoring the debtor's solvency may be taken by creditors or other persons on the basis of an agreement with the debtor.

One of the forms of taking measures to prevent bankruptcy is pre-trial rehabilitation.

Pre-trial readjustment is a measure to restore the solvency of the debtor taken by the owner of the property of the debtor - a unitary enterprise, the founders (participants) of the debtor, the debtor's creditors and other persons in order to prevent bankruptcy.

The founders (participants) of the debtor, the owner of the property of the debtor - a unitary enterprise, creditors and other persons, within the framework of measures to prevent bankruptcy, the debtor may be provided with financial assistance in an amount sufficient to pay off monetary obligations and mandatory payments and restore the debtor's solvency (pre-trial sanitation).

The provision of financial assistance may be accompanied by the assumption by the debtor or other persons of obligations in favor of the persons who provided financial assistance.

Author: Sazykin A.V.

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