Корпоративное право. Финансовое оздоровление (самое важное)

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Корпоративное право. Финансовое оздоровление (самое важное)

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32. Financial recovery

Financial recovery is a voluntary procedure, the decision to conduct which is made by a meeting of creditors or an arbitration court.

The procedure for financial recovery is introduced at the request of the debtor and a third party by a meeting of creditors or an arbitration court.

In accordance with the generally accepted procedure, financial rehabilitation is introduced by the arbitration court on the basis of the decision of the meeting of creditors. Simultaneously with the issuance of a ruling on the introduction of financial rehabilitation, the arbitration court must approve the administrative manager.

From the day the arbitration court issues a ruling on the introduction of financial rehabilitation, the following consequences occur:

1) claims of creditors for monetary obligations and for the payment of mandatory payments, the due date for which has come on the day of the introduction of financial rehabilitation, can be presented to the debtor only in compliance with the procedure for presenting claims to the debtor established by the Bankruptcy Law;

2) previously taken measures to secure creditors' claims are cancelled;

3) seizures of the debtor's property and other restrictions on the debtor in terms of the disposal of his property may be imposed exclusively within the framework of bankruptcy proceedings;

4) the execution of enforcement documents on property recovery is suspended;

5) it is prohibited to satisfy the requirements of the founder (participant) of the debtor for the allocation of a share in connection with the exit, the debtor's redemption of outstanding shares or payment of the actual value of the share;

6) payment of payments on issuance securities is prohibited;

7) it is not allowed to terminate the debtor's monetary obligations by offsetting a similar counterclaim;

8) penalties (fines, penalties), payable interest and other financial sanctions for non-fulfillment or improper fulfillment of monetary obligations and mandatory payments that arose before the date of introduction of financial rehabilitation are not charged.

In the course of the financial recovery procedure, the legislator seeks to the maximum extent possible to protect creditors, persons providing security for the obligations of the debtor (guarantors, etc.), as well as pledgees. In accordance with this, the debtor is often limited in his actions by these persons.

All measures for financial recovery are planned; for the purposes of financial recovery, two documents are taken as a basis - a financial recovery plan and a debt repayment schedule. These two documents are of great importance in the implementation of the bankruptcy procedure, since in accordance with these documents all the activities of the legal entity and its bodies during this period are built, the financial results of this activity are evaluated, and the most important decisions are made.

Author: Sazykin A.V.

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