Corporate law. Removal and release of an external manager from duties (most important)

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Corporate law. Removal and release of an external manager from duties (most important)

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36. Suspension and release of the external manager from the performance of duties

The external manager is a permanent sole body that manages the organization. Thus, his powers are temporary and exercised exclusively on a non-permanent basis.

There are two types of termination of powers of an external manager.

These types include: release of the external manager from the performance of duties and removal of the external manager from the performance of duties.

An external manager may be relieved by an arbitration court from performing the duties of an external manager:

1) at the request of the external manager to release him from the duties of the external manager;

2) in other cases provided for by federal law.

The external manager released from the performance of duties is obliged to ensure the transfer of the debtor's accounting and other documentation, seals and stamps, material and other valuables to the newly approved external manager.

The dismissal of the external manager, unlike the release of the external manager, is of a compulsory nature and, as a rule, is associated with certain negative consequences of the activity of the external manager. The removal of the external manager in this case may act as a sanction for the misconduct of the external manager.

An external manager may be removed by an arbitration court from performing the duties of an external manager:

1) on the basis of a decision of a meeting of creditors to file a petition with an arbitration court in the event of non-fulfillment or improper fulfillment by an external receiver of the duties assigned to him or non-fulfillment of measures provided for by the external administration plan to restore solvency;

2) in connection with the satisfaction by the arbitration court of the complaint of the person participating in the bankruptcy case about the non-performance or improper performance by the external manager of the duties assigned to him, provided that such non-performance or improper performance of the duties violated the rights or legitimate interests of the applicant of the complaint, and also entailed or could result in losses to the debtor or his creditors;

3) in case of detection of circumstances that prevented the approval of the person as an external receiver, as well as in the event that such circumstances arose after the confirmation of the person as an external receiver;

4) in other cases provided for by federal law.

If the external receiver is removed, the arbitration court shall approve a new external receiver. The arbitration court shall issue a ruling on the approval of a new external receiver. The ruling on the approval of an external manager is subject to immediate execution and may be appealed.

Author: Sazykin A.V.

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