Lecture No. 3. Bankruptcy of enterprises

1. Signs and procedure for establishing the bankruptcy of an enterprise

In modern conditions, such a concept as "bankruptcy of enterprises" is quite common. This is due to the active reform activities of the state in the economy, a high degree of competition and increased market concentration. Therefore, it is very important to know what bankruptcy is and what are its main features.

If we consider the Federal Law on Insolvency (Bankruptcy), this concept can be characterized as follows: “...insolvency (bankruptcy) is the inability of the debtor, declared independently or recognized by the arbitration court, to satisfy the claims of creditors related to monetary obligations, as well as the inability make obligatory payments." If we talk about the bankruptcy of a legal entity, then we can talk about its existence if this legal entity is unable to fulfill its monetary obligations and pay mandatory payments, provided that three months have passed from the date of execution of these obligations and payments. In such a situation, the current financial activities of the debtor enterprise are terminated, which can appeal to the arbitration court.

In fact, an enterprise can be considered bankrupt only after the establishment of the fact of its financial insolvency by the arbitration court. In addition, the enterprise itself can declare its bankruptcy in an official way or liquidation taking place in the process of bankruptcy proceedings. The purpose of such proceedings is to satisfy the claims of the enterprise's creditors and to declare the enterprise free from any debt.

It should be noted that not every legal entity can be considered bankrupt. First of all, this should include those persons who, according to Art. 50 paragraph 2 of the Civil Code are commercial organizations. These are various cooperatives, state and municipal enterprises, foundations, etc.

Another fact is also important. As can be seen from the definition of bankruptcy, one of the main signs of the insolvency of an enterprise is its inability to meet the requirements of creditors. Therefore, in case of non-payment of penalties, fines, forfeits, the company cannot be considered bankrupt.

In order to establish signs of bankruptcy, the amount of debt for goods, work performed and services provided, the amount of loans, taking into account interest rates payable by the debtor, the amount of mandatory payments, excluding fines and other financial sanctions established by law, are considered.

Insolvency (bankruptcy), depending on the conditions, may be:

1) unforeseen - such bankruptcy occurs as a result of an acute crisis situation at the enterprise caused by various circumstances: natural disasters, political instability in the country, bankruptcy of debtors, deterioration in the general economic situation, etc. In such cases, the state, as a rule, should come to the rescue an enterprise to overcome the crisis;

2) false - it can also be called "caused". Debtors resort to concealing their own property and funds in order to avoid paying debts to creditors. Such actions provide for criminal liability;

3) careless - occurs as a result of inefficient and irrational activities, as well as the implementation of various risky operations. The most common type of bankruptcy. Its peculiarity is that it does not occur immediately, but gradually, i.e., there is an opportunity for its foresight and forecasting. To do this, it is necessary to regularly analyze the state of the enterprise, primarily financial.

Speaking about the procedure for establishing bankruptcy, it is important to emphasize the following. The very declaration of a legal entity insolvent is a simple procedure that usually occurs after the trial. However, it is preceded by a rather complicated work, which has its own mandatory conditions: it is the obligatory presence of at least two parties to the process (debtor and creditor), the existence of the very fact of bankruptcy (insolvency) and the recognition by the arbitration court or creditors of the enterprise as bankrupt.

The aforementioned law contains the norms of substantive and procedural law for individuals and legal entities. It includes the grounds for declaring the debtor's enterprise bankrupt, the procedure for taking measures to prevent bankruptcy, relations between debtors and creditors, etc.

This law does not provide for the mandatory liquidation of an enterprise after the establishment of the fact of bankruptcy. In the event that there are opportunities to restore the normal functioning of the enterprise (in order to prevent its liquidation), special reorganization procedures are carried out, which will be discussed below.

2. The role and activities of the arbitration court

Cases of insolvency (bankruptcy) of an enterprise are considered by an arbitration court at the place of actual location of the debtor enterprise, noted in the constituent documents.

Consideration of cases is carried out by the arbitration court in the manner prescribed by this current law. If there are issues that are not regulated by this law, then they are resolved in accordance with the Arbitration Procedure Code of the Russian Federation.

An appeal to an arbitration court is possible if the requirements against the debtor in general amount to at least 500 minimum wages. You can talk about the amount of creditors' claims if the debtor enterprise itself applies to the arbitration court, since only it has all the information about all contacts with creditors and about the amount of debt in the aggregate.

In fact, a fairly large number of persons are involved in bankruptcy:

1) the debtor;

2) an arbitration manager - he is appointed by the arbitration court for the purpose of conducting bankruptcy procedures;

3) creditors;

4) members of the council of creditors with the right to vote;

5) authorized persons for requirements for obligatory payments;

6) prosecutor;

7) state bodies;

8) other persons provided for in the Federal Law.

So, the initiation of bankruptcy proceedings in the arbitration court occurs on the basis of an application (debtor, creditor). The law prescribes the procedure for filing these applications. The debtor's application is submitted on the basis of the decision of the owner of the enterprise, authorized bodies or governing bodies of the enterprise, which are entitled to make such a decision due to the constituent documents.

The application must contain all the necessary data provided for by the Code of the Russian Federation, and, in addition, the amount of claims that the enterprise is unable to satisfy, data on the form and subject of ownership, etc. A copy of the application is sent to creditors. The application of the debtor shall also be accompanied by a list of his creditors and debtors with the interpretation of their receivables and payables, a balance sheet or other accounting documents.

If within 15 days after the application is submitted, it is not submitted, its preparation is carried out by appointing an independent expert (audit) by the arbitration court, who will conduct it at the expense of the debtor enterprise.

Alternative - in the absence of any necessary documents in the application, the arbitration court may refuse to accept the claim and return it. At the same time, an important fact is that the application submitted by the debtor cannot be withdrawn.

In general, the return of a statement of claim can occur in several cases:

1) in case of non-compliance with the forms and content of the statement of claim;

2) in the absence of a signature in the application or the presence of a signature carried out by a person who does not have the authority to do so;

3) if the case under consideration is beyond the jurisdiction of the arbitration court;

4) in case of failure to provide creditors and other persons, in addition to the enterprise itself participating in the case, with copies of the statement of claim;

5) upon failure to provide documents proving the fact of payment of the state fee in the prescribed manner and amount.

The Law also establishes the procedure for filing an application by a creditor. If the debtor fails to fulfill obligations for goods and services (except for refusal to pay on the grounds provided for by law or the contract), then after three months from the date of the fulfillment of the deadlines for the said obligations, the creditor has the right to notify the debtor. The notice must include requirements for the debtor to fulfill its obligations within a week. If this does not happen, then the creditor warns the debtor that he will apply to the arbitration court with an application to initiate a case on the insolvency (bankruptcy) of the enterprise.

The application of the creditor must contain documents confirming the claims against the debtor that are not satisfied within the period established by the Law. In addition, there must be a notice of delivery of the notice to the debtor and confirmation of sending him a copy of the application.

Thus, based on the application of the debtor or creditor, the judge of the arbitration court opens proceedings on the insolvency (bankruptcy) of the enterprise. Based on this, he issues a ruling sent to the debtor or creditor. The following persons participate in the arbitration court session: the debtor or his representative, the owner of the debtor enterprise, the body empowered to manage state or municipal property, the financial body authorized at the place of registration of the debtor, the bank (banks) providing (carrying out) settlement and credit services debtor, creditors, about which the arbitration court was notified. In addition, a representative from the personnel of the debtor enterprise may be present, which is determined on an elective basis at a general meeting (conference) of the labor collective.

The decisions of the arbitral tribunal depend on the specific circumstances and may be as follows:

1) decision to reject the application. It is accepted in the event that during the trial the actual solvency of the debtor is clarified, as a result of which the claims of creditors can be satisfied.

If signs of bankruptcy are revealed, but there are opportunities to restore the debtor's solvency through reorganization procedures for the purpose of further conducting its activities, then the insolvency (bankruptcy) proceedings are suspended and an external administration of the debtor's property is appointed. Also a very common method is to carry out sanitation. An application for carrying out reorganization procedures may be submitted by the debtor himself, the owner of the property of the debtor enterprise or creditors;

2) the arbitration court does not have the right to refuse to conduct reorganization procedures if there are all grounds for this, and also cannot propose them on its own initiative;

3) a decision to declare the debtor enterprise bankrupt with the opening of bankruptcy proceedings and its forced liquidation. This occurs in the event of the actual presence of signs of bankruptcy and the lack of opportunities for the further activities of the enterprise.

An enterprise can be declared bankrupt even after reorganization procedures. This decision is made by the arbitration court on the basis of their further irrationality and futility. In such cases, the proceedings on the bankruptcy (insolvency) of the enterprise are resumed and a decision is made to declare it bankrupt.

Decisions of the arbitral tribunal may be appealed in court to higher authorities.

3. Types and procedure for the implementation of reorganization procedures

External management of the debtor's property is carried out with the help of an arbitration manager. Its powers include measures to restore the solvency of the debtor enterprise and further carry out its activities. The manager does not carry out all these activities independently, but according to a plan adopted by the meeting of creditors. External management can last no more than 12 months and after this period it can be extended for no more than 6 months.

According to the Federal Law, the head of the debtor enterprise is removed from office from the moment the external arbitration manager is appointed and is obliged to transfer management of affairs to him. For the period of external management of the enterprise, there is a moratorium on satisfaction of creditors' claims against the debtor. The arbitration manager receives a kind of remuneration, which is determined by the creditors and is considered by the arbitration court.

Creditors form a meeting of creditors, through which a plan for the external management of the debtor's property is established, changes and amendments are made to this plan. The meeting of creditors has the right to require the arbitration manager to provide the necessary information for drawing up the plan. A representative of the debtor enterprise (usually a representative of the labor collective) also participates in the meeting of creditors.

External administration lasts for certain periods, as mentioned above, and ends either with the termination of the insolvency (bankruptcy) proceedings of the debtor enterprise, if the goal of external administration is successfully achieved, or with a decision to declare the debtor insolvent (bankrupt) and start bankruptcy proceedings.

There is also such a type of reorganization procedures as pre-trial reorganization. Its essence is to provide the debtor enterprise with financial assistance in the amount that will be necessary to repay monetary obligations and payments, and restore the solvency of the enterprise. The law provides for the possibility of carrying out pre-trial rehabilitation at the expense of the federal, local budgets or state extra-budgetary funds. In order for this provision to be implemented, two conditions must be present:

1) provision of expenses for these purposes in the relevant budgets;

2) the conditions for the rehabilitation should be considered in the Federal Law on the Federal Budget.

The rehabilitation procedure is carried out in the following cases.

1. The enterprise is in a crisis situation and, in an attempt to overcome it, seeks help from outside, this happens before the initiation of insolvency (bankruptcy) proceedings by creditors.

2. When the enterprise independently applies to the arbitration court with the simultaneous proposal of the conditions for its rehabilitation.

3. When an arbitration court makes a decision to carry out sanitation on the basis of the requirements of creditors and the need to satisfy them, as well as to fulfill the obligations of the debtor enterprise to the state budget.

Basically, two types of rehabilitation are distinguished, which depend on the specific conditions of the crisis situation at the enterprise, the degree of external assistance.

1) reorganization, in order to reorganize the debt without changing the status of the legal entity of the debtor enterprise. Typically, such reorganization is used to eliminate the insolvency of the debtor enterprise in the event that the crisis is considered as a temporary phenomenon in the activities of the enterprise. The following measures may be taken:

a) transfer of debt to another legal entity. It can be any enterprise that is engaged in business and wishes to take part in the rehabilitation of the debtor enterprise;

b) debt repayment at the expense of the budget. This method is used exclusively for state-owned enterprises;

c) debt repayment at the expense of a targeted bank loan.

Usually a commercial bank acts here, which is in a certain relationship with the debtor enterprise. Preliminary, a thorough analysis of the financial condition of the debtor enterprise is carried out;

d) another method with the participation of a commercial bank is the issuance of securities under the control of a person directly carrying out the rehabilitation of the enterprise;

2) reorganization, which occurs with a change in the status of the legal entity of the enterprise. In fact, this is a reorganization of an enterprise, which requires the implementation of certain procedures: a change in the form of ownership, a change in the organizational and legal form of activity, etc. This form of reorganization is used in deeper and more serious crisis situations.

To carry out the reorganization of the debtor enterprise as part of its rehabilitation, a preliminary development of a rehabilitation project is necessary. Representatives of the sanatorium, the debtor enterprise and independent auditors participate in its compilation. As a rule, this project includes the following articles:

a) a description of the financial and economic condition of the debtor enterprise for the period of the beginning of the rehabilitation;

b) the reasons for the crisis situation that exists at the enterprise and caused its unstable financial situation;

c) forms and purposes of sanitation;

d) a plan for the rehabilitation with methods and methods to stabilize the financial position of the debtor enterprise;

e) determining the effectiveness of the chosen form of sanitation.

The choice of sanitation is always preceded by the definition (calculation) of its effectiveness. Efficiency can be determined by comparing the results, i.e., the effect, and the costs of carrying out the chosen form of sanitation.

Sanitation is carried out in the order in which the arbitration court determined. Its duration should not exceed 18 months. An extension by the arbitration court for a period of 6 months is possible.

4. Liquidation of enterprises

The liquidation of an enterprise is the completion of its activities and functioning without the transfer of rights and obligations to other persons.

A legal entity may be liquidated:

1) by decision of the founders of the enterprise. Such a decision is made in connection with the termination of the enterprise's activity, the achievement of the set goal, or the recognition by the court of the invalidity of registration.

2) by court decision. This may be due to carrying out activities without proper documents (license) or illegal activities. A liquidation demand may be sent to court by an authorized government body, for example a tax inspector, due to a violation of the procedure for submitting mandatory financial statements.

If the value of the property of the debtor enterprise turns out to be insufficient to satisfy the claims of creditors, then its liquidation can only be carried out in accordance with the Insolvency (Bankruptcy) Law. A legal entity may also decide to declare itself bankrupt and enter voluntary liquidation.

Depending on the type of decision, the type of liquidation also differs. In accordance with the Federal Law "On Insolvency (Bankruptcy)", the liquidation of an enterprise declared bankrupt is carried out by the method of bankruptcy proceedings, and voluntary liquidation - through a simplified bankruptcy procedure of the debtor.

To carry out the liquidation of the enterprise, a liquidation commission is appointed, which performs the following functions:

1) implementation of measures to identify creditors and notify them of the liquidation of the debtor enterprise;

2) receipt of receivables;

3) valuation of the property of the debtor enterprise at book value. Such an assessment is made on the basis of a complete inventory of the enterprise’s property;

4) sale of property at auction;

5) drawing up an interim liquidation balance sheet, which includes all types of property and claims of creditors;

6) carrying out settlement transactions with creditors. This is one of the most difficult procedures in the liquidation process. The source for its implementation is the funds received from the sale of the enterprise's property at auction. This amount is distributed in a certain order. First of all, the expenses of the arbitration court, liquidation commission, and property managers are reimbursed. Then settlements are made with the personnel of the bankrupt enterprise.

7) after settlement with creditors, the final liquidation balance sheet is drawn up, which is agreed with the authorized state body.

The liquidation of the enterprise is considered completed after making an entry about this fact in the unified state register of legal entities. For this purpose, the liquidation commission submits to the authorized state body the liquidation balance sheet (final) and other relevant documents.

To carry out effective liquidation work, certain costs are required.

1. One-time costs associated with the initial stage of the existence of the liquidation commission.

2. Current liabilities necessary for the implementation of the activities of the liquidated enterprise (payment for utilities, remuneration of a certain percentage of the staff, etc.).

3. Expenses associated with the activities and termination of the functioning of the liquidation commission.

5. Key parameters for diagnosing bankruptcy

Bankruptcy, as a rule, is not an instantaneous phenomenon, but a gradual oncoming process. Exceptions are sudden critical situations (natural disasters, etc.).

Therefore, bankruptcy must be diagnosed in order to predict its onset.

First of all, it is necessary to study the prerequisites for bankruptcy, which are a combination of internal and external factors.

Internal factors include the following.

1. Decreased efficiency in the use of resources and materials of the enterprise, its production capacity. Hence the high cost of production.

2. Shortage of working capital of the enterprise due to irrational management policies and activities of the enterprise.

3. Low level of product sales due to inefficient activity of the marketing services of the enterprise.

4. Attracting borrowed funds on unfavorable terms.

External factors:

1) economic: the crisis state of the economy, the general decline in production, inflation, instability and instability in the financial system, rising prices for materials and resources, increased international competition, insolvency and bankruptcy of partners;

2) political: political instability, loss of part of the sales markets, changes in the conditions of export and import, antimonopoly policy, entrepreneurial activity.

Currently, a limited range of parameters is used to diagnose the bankruptcy of enterprises:

a) current liquidity ratio, CTC;

b) coefficient of provision with own working capital, Kosk;

c) solvency recovery ratio, Kvp;

d) coefficient of loss of solvency, Kup.

In order to recognize the balance sheet structure as unsatisfactory, and the enterprise as insolvent, it is sufficient to have one of the following conditions:

1) the current liquidity ratio at the end of the reporting period is below 2,0;

2) the ratio of own working capital at the end of the reporting period is below 0,1.

The current liquidity ratio reflects the total security of the enterprise with working capital and cash to conduct efficient activities. This coefficient is calculated as follows:

The coefficient of provision with own working capital reflects the presence of own working capital in the enterprise, which are necessary for the implementation of its financial activities. Calculated:

In a situation where the current liquidity ratio and the share of own working capital in current assets are below the norm, but there is a tendency for these indicators to grow, then the solvency recovery ratio is calculated for a period equal to 6 months:

where Ktl - the value of the current liquidity ratio at the end of the reporting period;

T - reporting period;

Ktln - the value of the current liquidity ratio at the beginning of the reporting period.

If Kvp > 1, then the enterprise has the opportunity to restore its solvency; if Kvp < 1, then the enterprise has no real opportunity to restore its solvency in the near future.

When Kvp < 1, the coefficient of payment of the solvency of the enterprise is calculated:

If Kup > 1, then the company has the opportunity not to lose solvency. With Rp < 1, the enterprise is likely to lose its solvency.

If the structure of the balance sheet is unsatisfactory (Ktl and Kosk are below the norm), but if there is an opportunity to restore solvency in a certain period, the recognition of an enterprise as insolvent can be delayed for six months.

A situation may arise in which Ktl and Kosk are higher than the normative ones, but Kp < 1 and the enterprise is not declared insolvent. In this case, due to the real threat of the enterprise losing its solvency, it is registered with the Ministry of State Property for cases of insolvency (bankruptcy) of enterprises.

If the enterprise is declared bankrupt, and the structure of its balance sheet is unsatisfactory, then before transferring the expert opinion to the arbitration court, additional information is requested and a study of the production and financial activities of the enterprise is carried out in order to identify alternatives:

1) carrying out reorganization measures to restore the solvency of the enterprise;

2) carrying out liquidation activities in accordance with applicable law.

Diagnosing bankruptcy involves, first of all, identifying the object of analysis. It should be noted that a deviation from the norm of the coefficients does not always indicate the presence of a bankruptcy situation. In addition, in some situations, bankruptcy or liquidation of an enterprise is disadvantageous for creditors and the state. Therefore, the legislation has a procedure for restoring the solvency of an enterprise.

The above method of diagnosing bankruptcy is normative. In general, there are several of them, but the integral estimate deserves attention. The most common method in it is the Altman model. It is a five-factor model, the factors of which are the following parameters for diagnosing the risk of bankruptcy:

1) the ratio of working capital to the sum of all assets of the enterprise;

2) the level of return on capital;

3) the level of return on assets;

4) capital turnover;

5) coefficient of the ratio of the amount of own capital to borrowed capital.

In principle, none of these and other existing methods gives one hundred percent results. But thanks to them, you can get at least an approximate picture of the risk of bankruptcy, which is also important.

6. Stages of diagnosing a crisis

Diagnostics of a crisis situation is, along with methods for overcoming it, an indispensable part of any management policy. It provides data that can be used in future periods, points out the errors and shortcomings of the existing production and management system, and reveals the causes of the crisis.

In different literary sources, there are different systems for diagnosing a crisis. Much depends on the specific conditions and situation.

The most complete system reflects the diagnostics of the crisis within the framework of the internal and external business environment. Such a comprehensive assessment makes it possible to better judge the true causes of the crisis, and, consequently, to deal with them more effectively.

First stage. Establishing the object of analysis.

Establishment of the object of study, or, in other words, the focus of the crisis. At this stage, the scale of the crisis and its possible level and nature are assessed. If the crisis is local, then this most likely indicates the internal causes of its occurrence, which are quite easy to detect. If the situation is deeper and the stable financial position of the company is under threat or has already been violated, then we can talk about a combination of factors that influenced the state of the enterprise.

It is very important to identify all levels of the enterprise that are at a critical point. Losing sight of any object will not allow developing an accurate analysis plan, as a result of which unreliable conclusions will be obtained.

Second phase. Definition of the parameter system.

Determination of a system of basic parameters and indicators, according to which it will be possible to judge the state of the enterprise for a given period. Also at this stage, methods for collecting these indicators are determined. Currently, most enterprises are equipped with modern electronic computing programs based on the use of computer technology. This allows you to significantly reduce the time and effort of employees. In addition, thanks to such programs, the error is a smaller percentage compared to older methods. If time permits, then the possibility of drawing an analogy between the data of the reporting (crisis) period and previous periods is established. This will help to identify the level of deviation in the activities of the enterprise and more accurately determine the depth of the crisis.

Third stage. Determination of responsible persons.

The head of the enterprise usually has a team of managers, which in a crisis situation performs the functions of an anti-crisis department (if there is none at the enterprise). It looks like this: units or departments that are in crisis are identified. Their managers become responsible persons for the period of diagnosing the crisis.

In addition, the head appoints a chief specialist who monitors the progress of research, summarizes the data obtained and provides them to the head.

Fourth stage. Business environment research.

As already noted, the factors of a crisis situation can be both internal and external. If data on the internal environment indicate the absence of causes within the enterprise, then the external environment is examined. In many organizations, in order to save time, internal and external factors are simultaneously assessed. However, this requires a lot of effort and, as a rule, costs.

Identifying the causes of the crisis provides much more information than it might seem at first glance. Here we are talking primarily about the macro- and microenvironment of business. Often a crisis arises due to unsatisfactory management policies, poor organization of relationships between departments, etc.

Fifth stage. Rationale for conclusions.

At this stage, all received information is processed. Negotiations are often arranged at which the current state of the enterprise is discussed. Priority directions and tasks are determined. It has become common to create a temporary team to solve a particular problem: as a rule, it includes employees who specialize in the current problem.

Sixth stage. Developing a plan and choosing a strategy.

This stage is final. The plan is drawn up on the basis of the work of all previous stages. During this period, the main measures and methods for overcoming the current situation are determined.

Experts from firms and agencies are often invited to diagnose the state of a crisis enterprise.

These are independent auditors, marketers, researchers, etc. They resort to their help if there is a lack of their own specialists or if it is difficult to determine the subject of research. Usually this practice of "invitation" is used by younger enterprises due to inexperience. However, large firms also resort to the services of specialists.

7. Information in diagnostics

A distinctive feature of crisis diagnostics is that the analysis is carried out not of the statistical state of the object, but of its dynamics over time.

For example, if the object of diagnostics is the economy of the state as a whole, then the parameters here will be macroeconomic indicators.

Information about the object mainly goes in two directions:

1) dynamic properties of the system and their distribution;

2) influence of factors.

The study of these two directions allows obtaining the necessary information about the state and development of the object. The accuracy of the formulated conclusions about the state of the economic object will depend on the reliability of these data. Information is often used from official sources provided by public authorities. A lot of work is done by the statistical departments, which conduct various mass observations, which allow obtaining primary information about the indicators of the object under study.

Information goes through four stages: assembly, grouping, analysis, conclusion. In addition, qualitative and quantitative analysis is also carried out.

Collection of information - this is the initial stage of working with information; it includes the collection of all data on the object of study for a specified period. Problems often arise due to a fairly large number of information sources, which slows down the process of obtaining it.

To do this, it is necessary to have a systematic basis for storing information that will allow you to quickly determine the desired source.

In addition, when diagnosing an object, the researcher may not know some of the nuances if he has not worked directly with this object before (unscheduled changes in any period, the absence of certain data for various reasons, etc.) .

Modern computer technologies offer unique opportunities for storing large amounts of data in archives. This allows, in addition, to ensure its safety with the help of various codes, which is especially important in our time.

The situation is more difficult if it is necessary to obtain data about some external object. This requires extra effort.

Grouping information - this is the systematization of the obtained data into separate groups according to their essential characteristics. Each group characterizes one or another side of the object under study.

Often at this stage, various tables and graphs are compiled, which are generalized data. This summary makes the data easier to use and, more importantly, to analyze. At this stage, specialists with experience in statistical work often work.

Information analysis is the study of grouped data and the formulation of conclusions based on them. This is a very important stage, since the decisions made depend on it, so it is important to ensure the necessary level of this process. The same data can be interpreted in different ways. For example, a decrease in any indicator may mean a positive trend in one situation and a negative one in another. It is necessary to be able to take into account the interconnectedness of all factors and evaluate their impact on the data. The analysis can be carried out in different ways: based on comparison with past data, research within the framework of a program - it all depends on the specific situation.

Summing-up - this is a generalizing stage that works with data received and processed at all previous stages. Summing up can be one-on-one or take place in the form of negotiations and discussions. It is necessary to consider all alternative options and justify the decision or position. Information in diagnostics is important not only for assessing a specific situation, it also serves to make predictions. Therefore, the reliability of information occupies a special place here.

As a rule, all information obtained with the help of any calculations or calculations has a certain amount of error - to a greater or lesser extent. This percentage must be taken into account when making forecasts. This is especially true for such objects that provide huge amounts of data, which is very difficult to take into account in full. Here, a general trend stands out, which characterizes the development of one direction or another.

8. Peculiarities of bankruptcy of credit organizations

Insolvency (bankruptcy) is the debtor's inability, recognized by the arbitration court, to fully satisfy the claims of creditors for monetary obligations and pay mandatory payments.

Credit organisation - a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a license from the Central Bank of the Russian Federation, has the right to carry out banking operations provided for by this Federal Law. A credit organization is formed on the basis of any form of ownership as a business entity.

The category of credit institutions is assigned by the Law to the same group as insurance companies and professional participants in the securities market. This group is united in the law as a feature of the bankruptcy of the so-called financial institutions.

With regard to the bankruptcy of all these entities classified as financial organizations, certain general features are allowed, which should be established by the Federal Law on the Insolvency of Financial Organizations.

However, if we consider these organizations from the point of view of bankruptcy, then the question arises, what do they have in common. If such a law is adopted, the problem of its correlation with the Law "On Insolvency (Bankruptcy) of Credit Organizations" will inevitably arise.

It follows from this that it is the Law "On the Insolvency (Bankruptcy) of Credit Institutions" that establishes the features of the bankruptcy of credit institutions, and this Law should be the basis for studying these features.

It is also important that the criterion for the separation of credit institutions is the implementation of banking operations on the basis of a license from the Central Bank of the Russian Federation. That is why the bankruptcy of credit organizations is regulated by the Law "On Insolvency (Bankruptcy) of Credit Organizations". The insolvency of a credit organization in the Law is its inability recognized by the arbitration court to satisfy the claims of creditors for monetary obligations and (or) to fulfill the obligation to make mandatory payments.

One more fact should be noted - a credit institution is considered incapable if the relevant obligations are not fulfilled by it within 1 month from the date of their fulfillment and (or) if, after the revocation of the banking license from the credit institution, the value of its property (assets) is insufficient for fulfillment of obligations of a credit institution to its creditors.

A bankruptcy case may be initiated by an arbitration court only after the Bank of Russia revokes the license on the basis of an application. The applicant may be a debtor, a creditor, an authorized body, as well as the Bank of Russia. A distinctive feature of the bankruptcy of credit institutions is the participation of the Bank of Russia in the bankruptcy case or in the bankruptcy arbitration proceedings, as well as the widespread participation of this licensing body and its significant role in the application of bankruptcy prevention measures and various bankruptcy procedures.

Since a bankruptcy case can only be initiated by an arbitration court after the license of a credit institution has been revoked, the above-mentioned applicants must attach to the application for declaring the credit institution bankrupt a copy of the order of the Bank of Russia to revoke the credit institution's banking license.

Persons who have the right to apply to an arbitration court with an application for declaring a credit organization bankrupt also have the right to apply to the Central Bank of the Russian Federation with an application to revoke the debtor's banking license if signs of its bankruptcy are detected. If they do not receive a response from the Bank of Russia, they can apply to the arbitration court with an application to declare the credit organization bankrupt.

The Bank of Russia is obliged to respond within a month. Submission to the arbitration court of a copy of the order of the Bank of Russia to revoke the license to carry out banking operations within the above period is the basis for initiating bankruptcy proceedings.

Upon receipt of a response from the Bank of Russia within a month, the application for declaring it bankrupt is returned to the creditor. In this case, the person who sent the Bank of Russia an application to revoke the license of the credit institution shall have the right to demand in the arbitration court compensation by the Bank of Russia for losses caused by the Bank of Russia’s failure to take a decision to revoke the said license from the credit institution or the Bank of Russia’s failure to take decisions on the implementation of measures to prevent bankruptcy. credit organization.

The Bank of Russia has the right to revoke a license on its own initiative if there are grounds. If, by the time the license is revoked, the credit institution shows signs of bankruptcy, the Bank of Russia must file an application with the arbitration court to declare the credit institution bankrupt within five days. In such a situation, the Bank of Russia must present a candidate for appointment as an arbitration manager to the arbitration court, and this must be done within 15 days from the date the court accepted the application.

Thus, a characteristic feature of the bankruptcy of credit institutions is the provision of an arbitration manager.

If we talk about bankruptcy procedures for credit institutions, then only the following procedures are applied here: supervision and bankruptcy proceedings. The law does not establish any special requirements for the monitoring procedure.

Authors: Babushkina E. A., Biryukova O. Yu., Vereshchagina L. S.

<< Back: Possibility, necessity and content of crisis management (The need and possibility of crisis management. Signs and features of crisis management. The effectiveness of crisis management. The concept of crisis management technology. General scheme of the management mechanism in a crisis situation. Technology for developing management decisions in crisis management. Parameters for controlling crisis situations in crisis management mechanisms. Analytical basis of government regulation of a crisis situation. The role of the state in anti-crisis management. Types of state regulation of crisis situations)

>> Forward: Anti-crisis management strategy and tactics (The role of strategy in crisis management. Development of an anti-crisis strategy in an organization. Implementation of the selected anti-crisis strategy. Organization of the implementation of an anti-crisis strategy. Goals and functions of marketing in crisis management. Formation of marketing strategies in crisis management and their classification. Use of marketing means in crisis management. "New F.D. Roosevelt's course - a program to bring the American economy out of the crisis. Anti-crisis orientation of L. Erhard's reforms. Lee Iacocca's activities in the largest corporation Chrysler)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ General biology. Crib

▪ Pathological anatomy. Lecture notes

▪ State and municipal finance. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive Single lens 4D field camera 22.08.2017 The ability of robots and self-driving cars to perceive the world around them largely depends on the sensors and cameras used in their designs. Not long ago, researchers at Stanford University and the University of California San Diego completed the development of a new 4D Monocentric Light Field Camera, which will allow robots to gain much improved "vision". At the same time, the design of the new camera contains only one spherical lens, which makes it simple and provides a viewing angle of 138 degrees. The aforementioned spherical lens was developed at one time as part of the Pentagon Advanced Research Programs DRAPA program called Soldier CENtric Imaging with Computational Cameras (SCENICC). A camera lens with such a lens covers one third of the circular area, while the resolution of the 4D camera is 125 megapixels. Note that in the previous version of the 4D camera, fiber optic lines were used, which served to scan a spherical image onto the photosensor plane. This approach worked, but it was too expensive to implement. The new camera dispenses with fiber optic lines, all the work of digital signal processing and implementation of light field technology falls on the shoulders of algorithms developed by specialists from Stanford University, which provides the pictures taken by the camera with a "fourth dimension". The basis of light field photography technology is the calculation of the direction of light rays entering the objective lens. And the received direction data is combined in the final file with the traditional "two-dimensional" data read from the photosensor. Exactly the same technology is implemented in Lytro consumer field cameras, it allows you to focus on an arbitrary point in the image after the picture has been taken. The same feature will allow robots to focus on images of various objects, removing interference such as dust, rain or fog. In addition, the 4D camera image data will allow the robot to calculate the distance to the object with a fairly high accuracy. So far, the researchers have created one prototype 4D camera, which is proof of the performance of the technologies used. After some improvements in both the design of the camera and its software, this camera can be used in robot designs capable of operating in complex environments, in robot cars, in virtual and augmented reality systems.

Other interesting news:

▪ hairy chips

▪ Aircraft powered by lithium polymer batteries

▪ Artificial intelligence will identify dangerous drivers

▪ The existence of the ninth planet is proved

▪ wood graphene

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Life of remarkable physicists. Article selection

▪ Article All or Nothing. Popular expression

▪ article How does the human eye work and why do we distinguish colors? Detailed answer

▪ Kassabanan article. Legends, cultivation, methods of application

▪ article Elixirs for rinsing teeth. Simple recipes and tips

▪ article Exploitation of sealed Ni-Cd batteries. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024