Корпоративное право. Заключение мирового соглашения (самое важное)

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Корпоративное право. Заключение мирового соглашения (самое важное)

Lecture notes, cheat sheets

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41. Conclusion of a settlement agreement

The settlement agreement is an intersectoral institution, and in each branch of law, the conclusion of a settlement agreement is filled with a peculiar content in relation to legal relations characteristic of this industry.

An amicable agreement may be concluded at any stage of the consideration of the case by the arbitration court.

The decision to conclude a settlement agreement on the part of bankruptcy creditors and authorized bodies is taken by a meeting of creditors.

The decision to conclude a settlement agreement on the part of the debtor is made by the debtor-citizen or the head of the debtor-legal entity, acting as the head of the debtor, an external manager or bankruptcy trustee. Participation in the amicable agreement of third parties is allowed, which assume the rights and obligations provided for by the amicable agreement.

The settlement agreement is approved by the arbitration court. The amicable agreement enters into force for the debtor, bankruptcy creditors and authorized bodies, as well as for third parties participating in the amicable agreement, from the date of its approval by the arbitration court and is binding on the debtor, bankruptcy creditors, authorized bodies and third parties participating in the amicable agreement . A unilateral refusal to execute a settlement agreement that has entered into force is not allowed.

The bankruptcy law provides for the specifics of concluding a settlement agreement in the course of supervision, financial recovery, external management and bankruptcy proceedings.

The decision to conclude a settlement agreement on the part of the debtor is made by the citizen-debtor, the head of the debtor - a legal entity or the person acting as the said head.

The settlement agreement is not subject to agreement with the temporary manager.

The settlement agreement is not subject to agreement with the administrative manager.

The decision to conclude a settlement agreement in the course of bankruptcy proceedings on the part of the debtor is taken by the bankruptcy trustee.

Certain requirements are imposed on the settlement agreement, including requirements on the form of the settlement agreement and its content.

The settlement agreement is concluded in writing.

The amicable agreement may be approved by the arbitration court only after the repayment of the debt on the claims of the creditors of the first and second priority. The debtor, the external manager or the bankruptcy manager not earlier than 5 days and not later than 10 days from the date of conclusion of the settlement agreement must submit to the arbitration court an application for approval of the settlement agreement.

Termination of the settlement agreement in respect of all bankruptcy creditors and authorized bodies is the basis for the resumption of bankruptcy proceedings, except in cases where bankruptcy procedures have been introduced in relation to the debtor in a new bankruptcy case.

Author: Sazykin A.V.

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