Offices

← All media

“A nominee director does not relieve the company from liability,” — Oleg Ganyushin’s comment for Delovoy Peterburg

The appointment of a nominee does not protect the founder of the company from liability for its debts. Although it turns out extremely rare to recover them from fraudster.

The norm of the Civil code of the Russian Federation on the personal responsibility of the head for the damage caused to the company has been in force for 4 years, but the practice of its application remains controversial.

An unusual decision was made by the Petrograd district court: 788 thousand rubles were recovered from the founder of LLC "Vesta" Roman Krasnov, while its general director Irina Goncharova was released from liability. She claimed to be a school teacher of biology and chemistry, has nothing to do with the company. Although he admitted that 3 years ago, "at the request of his friend signed by a notary unknown documents". Unlike other similar cases, LLC "Vesta" did not pass the bankruptcy procedure and was excluded from the register as invalid in 2017.

Comment of Oleg Ganyushin, the leading lawyer of "Prime Advice":

The court mixed everything that saw, and tried to reach justice, similar decisions already were, but, fortunately, are perceived so far as annoying accidents. The decision of the Petrograd district court is based on article 53.1 of the Civil code of the Russian Federation, which regulates only the responsibility of the head to the company. While creditors can not recover debts from the head or founders of a legal entity, by passing the procedure of its bankruptcy as a general rule. It is even more difficult to achieve this after the liquidation of the company or its exclusion from the register.

Read more