Entities that control a business bear subsidiary liability. They are classified as "persons influencing the debtor's activities." Any person who had the ability to influence the company's operations or give mandatory instructions for three years before signs of financial problems appeared may be held legally liable.
What does subsidiary liability mean?
Such entities include:
heads of organizations;
related to each other by issues zalo database of company ownership, having the ability to influence the activities of a bankrupt enterprise or its management;
persons influencing the management of a limited liability company: founders, members of the board of directors, managers in senior positions, chief accountants (provided that there is evidence of the involvement of the listed categories in the bankruptcy);
close relatives of the director. For example, the director's wife or children do not have significant income, but own property in the form of houses and expensive cars. If creditors can prove that these are gifts received at the expense of the bankrupt company, then all this will be seized to pay off the company's debts;
enterprises and individuals who are beneficiaries.
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Let's say that immediately before bankruptcy, the debtor transferred its activities to another company: it concluded transactions on behalf of this new organization, handed over trademarks to it and attracted former employees. Thus, it actually preserves the structure of the business, but all financial obligations remain on the shoulders of the bankrupt enterprise. In this case, the new company can be recognized as an interested party and brought to subsidiary liability.
A simple employment contract cannot oblige an employee to bear subsidiary liability for additional claims. To do this, he must have access to the company's bank account or, for example, be involved in accounting management and directly influence the adoption of important decisions. In other words, a sales director can be held liable only if he not only performed his primary duties, but was also an active participant in the organization and had the ability to withdraw money from its accounts.