Bankruptcy commissioner (external administrator). What does the bankruptcy trustee for the bankruptcy of legal entities do: point in the insolvency case The bankruptcy trustee participation in the case

Good afternoon.

Article 129. Bankruptcy Law

Powers of the liquidator [Bankruptcy Law] [Chapter VII] [Article 129]

1.From the date of approval of the bankruptcy administrator until the date of termination of the bankruptcy proceedings, or the conclusion of an amicable agreement, or the removal of the bankruptcy administrator, he shall exercise the powers of the head of the debtor and other management bodies of the debtor, as well as the owner of the debtor's property - a unitary enterprise within the limits, in the manner and on the terms established by this Federal Law.

2. The bankruptcy commissioner is obliged:

take control of the debtor's property, conduct an inventory of such property;

to include in the Unified Federal Register of Bankruptcy Information information on the results of the inventory of the debtor's property within three working days from the date of its completion;

involve an appraiser to assess the debtor's property in the cases provided for by this Federal Law;

take measures aimed at finding, identifying and returning the debtor's property held by third parties;

take measures to ensure the safety of the debtor's property;

notify the debtor's employees about the upcoming dismissal no later than within a month from the date of the commencement of bankruptcy proceedings;

to present to third parties who have a debt to the debtor, requirements for its collection in the manner prescribed by this Federal Law;

to declare, in the prescribed manner, objections to the claims of creditors brought against the debtor;

keep a register of creditors' claims, unless otherwise provided by this Federal Law;

transfer for storage the debtor's documents subject to mandatory storage in accordance with federal laws. The procedure and conditions for the transfer of the debtor's documents for storage are established by federal laws and other regulatory legal acts of the Russian Federation;

to conclude transactions in which there is an interest, only with the consent of the meeting of creditors or the committee of creditors;

fulfill other obligations established by this Federal Law.

3. The bankruptcy commissioner has the right:

dispose of the debtor's property in the manner and on the terms established by this Federal Law;

to dismiss the employees of the debtor, including the head of the debtor, in the manner and on the terms established by federal law;

declare a refusal to execute contracts and other transactions in the manner prescribed by Article 102 of this Federal Law. The bankruptcy commissioner is not entitled to declare a refusal to execute the debtor's contracts if there are circumstances that prevent the restoration of the debtor's solvency;

the paragraph is no longer valid;

submit to the arbitration court on behalf of the debtor applications for invalidating transactions and decisions, as well as applying the consequences of the invalidity of void transactions concluded or executed by the debtor, claims for damages caused by the actions (inaction) of the head of the debtor, persons included in the board of directors (supervisory council), a collegial executive body or other governing body of the debtor, the owner of the debtor's property, persons acting on behalf of the debtor in accordance with the power of attorney, other persons acting in accordance with the constituent documents of the debtor, to bring claims for the reclamation of the debtor's property from third parties, for termination contracts concluded by the debtor and perform other actions provided for by federal laws and other regulatory legal acts of the Russian Federation and aimed at returning the debtor's property;

to exercise other rights related to the performance of the duties assigned to him, established by this Federal Law.

4. Abolished.

5. If there are grounds established by federal law, the bankruptcy commissioner makes claims against third parties who, in accordance with federal law, bear subsidiary liability for the obligations of the debtor.

The paragraph is no longer valid.

If you are a creditor, he is obliged to provide you with a report, which will reflect all his actions.

Please tell me on the basis of what the bankruptcy administrator acts in bankruptcy. What should be included in the contracts? Can he work on the basis of the charter? I will explain the situation a little, the bankruptcy trustee was appointed by the court and was not accepted into the state. The contracts must indicate the sole executive body and on the basis of which it acts. We do not have a bankruptcy trustee in the charter, so I believe that he cannot act on the basis of the Charter, then can he indicate on the basis of a court decision? The bankruptcy procedure has not yet been completed. thanks!

Answer

At the moment when a legal entity or an individual is assessed as bankrupt by an arbitration court, a certain procedure may be initiated, which is necessary to repay debts to creditors. This process is called competitive. This is a production that requires a certain order and the performance of various actions by specially appointed persons, which is prescribed by the legislator in regulatory legal acts. And one of the main participants in a bankruptcy case is a bankruptcy commissioner, endowed with specific rights and obligations.

Bankruptcy proceedings

In order to understand who a bankruptcy commissioner (CU) is, you need to know what bankruptcy proceedings are and some of the features of its opening.

In general, when considering an insolvency case of a legal entity, such actions as supervision, external management, rehabilitation, bankruptcy proceedings or amicable agreement are applied. In the case of bankruptcy of an individual, only the last two indicated stages are used.

During the period of insolvency proceedings, executors, called bankruptcy commissioners, are established.

These are specially trained people who perform certain actions at the time of the bankruptcy of an object, who are members of a self-regulatory organization of arbitration managers. Depending on the stage of the insolvency case, they can be external, temporary, administrative, etc. So, at the time of bankruptcy proceedings, an arbitration receiver is appointed, the concept and responsibilities of which are enshrined in the relevant Federal Law and are described further in the article.

The bankruptcy proceeding itself is a process that occurs after the debtor is declared bankrupt by an arbitration court. At the time of this kind of procedure, actions are taken to find and collect all the property of the debtor, appropriate payments are made to all creditors and the enterprise itself is liquidated.

According to the legislation of the Russian Federation, the period for bankruptcy proceedings is up to six months, but it can be longer (up to one year) if a petition is submitted by the person participating in the case.

In the Russian Federation, the consideration of bankruptcy cases, all their specifics are generally fixed in the same way as, in particular, bankruptcy proceedings. The bankruptcy commissioner plays an important role in this process, since he is the main manager of all the debtor's property. Therefore, the regulation of its activities, the definition and consolidation of duties and rights is extremely important.

The concept of bankruptcy commissioner

This is the person appointed by the arbitration court at the time the person is declared insolvent (bankrupt) and the bankruptcy proceedings are established. He is the head of the insolvent object and its management bodies, as well as the owner of the debtor's property, if such is a unitary enterprise.

For the appointment of a liquidator, the court issues an appropriate ruling, which can be appealed. The action of the CU ends at the moment of termination of this bankruptcy proceedings.

Rights

The powers and obligations of the CU are enshrined in the Federal Law "On Insolvency". In accordance with this article, the rights of the liquidator include:

1. Disposal of the property of the debtor in the manner prescribed by the Federal Law.
2. The possibility of dismissing employees, managers of the debtor in accordance with the terms of the Federal Law.
3. Submitting an application for refusal to fulfill contracts or other transactions, as determined by Article 102 of this Federal Law. Except when there are circumstances that prevent the restoration of the bankruptcy's solvency.
4. Submitting an application on behalf of the debtor to the arbitration court to declare contracts and transactions invalid, void - the consequences arising from these decisions, to recover losses incurred as a result of the actions (inaction) of the head (board of directors, collegial executive body or any other governing body) of the insolvent object.

Responsibilities

The obligations of the liquidator are subject to execution from the moment of his appointment until the termination of the bankruptcy proceedings or until the date of the adoption of the settlement agreement or the day of the removal of the CU. They include:

If the meeting of creditors makes a decision to terminate the activities of the debtor enterprise, then the liquidator shall carry out this within three months from the date of this decision. That is, he is obliged to stop the release of goods, the provision of services or the performance of work by this organization. The verdict on the termination of the work of the company cannot be made in cases where this entails a man-made or environmental disaster, paralyzes the work of preschool, medical, educational institutions, communal structures or any other objects necessary to ensure the life of people.

Competitor's report

After settlements with all creditors are completed or bankruptcy proceedings are terminated for the reasons prescribed in Article 57 of the Federal Law, the CU must submit a report on the work done, on the results of this procedure to the arbitration court.

The bankruptcy commissioner's report is a list of documents confirming:

• sale of the debtor's property;
• repayment of credit obligations;
• submission to the Pension Fund (its territorial subdivision) of information on the date, place of birth of the debtor, his citizenship and passport data, including full name, sex and permanent registration address of the bankrupt, as well as information that must be recorded in this body in accordance with paragraph 2 of Article 11 -th Federal Law "On individual registration in the compulsory pension insurance system" (insurance number of an individual personal account, information about places and periods of work, etc.).

In addition to the above documents, the bankruptcy commissioners must attach to the report a register of creditors' claims, which will indicate the amount of debts paid by the bankrupt person.

After the CU has drawn up and submitted its report to the competent authority, it is obliged to notify the creditors of this fact.

Control over the activities of CU

Control over the activities of the manager is carried out in accordance with Art. 143 FZ "On Bankruptcy". According to this law, creditors (meeting or committee) receive all the information necessary for this at least once every three months, unless otherwise specified at the meeting of creditors.

The information provided for control can be in the form of reports or any separate documents showing the state of affairs during the competition or at its completion.

The CU report should contain information:

• about the debtor, its assessment, if any;
• on the amount of funds that were credited to the current account of the debtor, and the sources of such financing;
• on the process of selling the property of the bankrupt entity, indicating the amounts received;
• on the size and number of claims for debt collection that have been brought forward to third parties;
• on the number of people working for the debtor who continue to work after the opening of the competition, and the number of dismissed (resigned) employees;
• on the work that was done to invalidate the transactions, in the interests of the debtor;
• on the compilation and maintenance of a register of creditors' claims, with information about their total amount and size separately in each queue;
• on the measures that were taken to preserve the property of the bankrupt object and to recover the property that belongs to it, but for some reason is in the possession of third parties;
• the amount of current debt, with a description of the reasons for its formation;
• on the work carried out by the CU to close the debtor's accounts;
• on attraction to persons bearing obligations in connection with bringing the debtor to bankruptcy;
• all other information, the content of which is established by the CG, creditors or the arbitration court.

All data that relate to the bankruptcy proceedings, for example, what are the costs of the liquidator for carrying out the relevant process, the liquidator must provide at any time at the request of the arbitral tribunal.

Releasing KU

The bankruptcy commissioner can be released or suspended from performing his duties in accordance with Articles 144 and 145 of the Federal Law.

Thus, the CU is exempted from the exercise of its functions by the arbitration court in the event of:

• own desire, according to a personal statement;
• a corresponding petition sent by the self-regulatory organization of insolvency practitioners (of which the CU is a member) to the arbitration court.

In the second case, the petition is filed when facts of violation in the activities of the bankruptcy commissioner, his inconsistency with the position held, incompetence, unfair work are revealed. At the same time, the decision is initially made by the collegial governing body of the self-regulatory organization of arbitration managers, and then within 14 working days from the date of its adoption, the petition is filed with the arbitration court.

Removal of CU

The dismissal of the manager can be carried out if:

• a petition has been submitted from the meeting or the creditors' committee in a situation where the CU does not fulfill its duties or performs them in an inappropriate manner;
• any person participating in the bankruptcy case and whose interests are violated as a result of the activities of the liquidator, as well as in connection with this, the debtor or creditors have suffered or could have incurred losses, files a complaint with the arbitration court, and this claim is satisfied;
• circumstances have been identified that do not allow the CG to be appointed to this position;
• the bankruptcy commissioner violated the terms of membership in the self-regulatory organization of bankruptcy commissioners and was expelled from it for this or forcibly left the given society for violation of the law;
• administrative punishment is applied to CU in the form of deprivation of his right to engage in this activity.

Upon suspension or release, a new liquidator is appointed. This happens in accordance with the procedure established by federal law. If such a decision is made, then it must be implemented immediately, although it can be appealed.

Summing up, it should be noted that bankruptcy proceedings are opened by the court only in cases where other operations in the bankruptcy case did not bring any result or the solvency of the object cannot be restored.

At these stages, as a rule, the bankrupt object has a lot of unfulfilled debt obligations and, in connection with this, a lot of unsatisfied creditors. It is at such moments that bankruptcy proceedings begin. This indicates that the bankruptcy commissioner is a person performing a specific role in this process, about its importance and necessity in an insolvency case.

After the court makes a ruling on recognizing the debtor as insolvent and the publication of information in an official source, the stage of bankruptcy proceedings begins. The arbitration tribunal appoints an authorized representative to exercise control over the property appraisal and sale of assets within the framework of the auction. It is important to understand what functions the bankruptcy trustee for the bankruptcy of legal entities performs and in what order the person is appointed to this position.

Characteristics of the candidacy

According to Article 2 of the Federal Law No. 127, bankruptcy proceedings are an event to assess the property status of the debtor with the aim of the subsequent sale of certain property objects to satisfy the claims of counterparties. Control and coordination of these processes is entrusted to a specialist in the field of professional activity.

In order to understand who is a bankruptcy administrator in bankruptcy, we list the requirements for applicants for this position:

• compulsory citizenship of the Russian Federation;
• participation in a self-regulatory organization (SRO);
• higher professional education;
• work experience in a managerial position for more than a year;
• practical training for at least two years;
• successful completion of the theoretical test;
• the legal status of the entrepreneur does not impede management;
• there is no punishment in the form of deprivation of the right to hold leadership positions, as well as an administrative fine for the corresponding violation;
• during the three years preceding the date of joining the SRO, there were no facts of exclusion from membership of this or another organization, decisions on disqualification.

The activities of citizens joining an SRO are subject to compulsory liability insurance.

Additional criteria for the selection of company participants are determined individually for each organization

Position approval

The appointment and release of a citizen from the fulfillment of obligations occurs by a court decision for legal entities and on the basis of a deposit insurance agency competition - for banks.

The choice of a citizen for appointment to the post of steward is made by the court, but the meeting of creditors has the right to nominate its candidacy for consideration and approval. The date on which the authority is vested in a particular person will be the moment when the arbitral tribunal issues the relevant ruling.

If the participants in the bankruptcy proceedings have doubts about the competence or claims against the authorized manager, they can file a substantiated complaint with the inclusion of compelling arguments about the candidate's inadequacy for the position held.

When no petitions from the parties are received within the established time limit for appeal, the citizen is considered appointed to the place of the manager and is authorized to fulfill his obligations until the end of the course of proceedings or the direct liquidation of the company.

It is important to understand on what basis the liquidator acts. The main regulation of its activities is Federal Law No. 127-FZ of October 26, 2002.

Rights and obligations

Starting from the moment of approval for the position of a manager and until the end of bankruptcy proceedings, a citizen performs the role of an executive body in a company declared bankrupt. In order to understand in detail what the activities of an approved bankruptcy commissioner mean, we will define a list of his powers.

The manager is obliged:

• Carry out the acceptance of the debtor's assets, as well as carry out an inventory of all property in the property within three months.
• Within three days after the recount of objects, provide information to the unified federal register.
• Hire a specialist for property valuation.
• Notify the company personnel of the dismissal no later than thirty days after the start of the tender procedure.
• Deal with the collection of accounts receivable before bankruptcy.
• Draw up applications, petitions, appeals to challenge the claims of creditors.
• Ensure the maintenance and safety of the register of claims.
• Prepare and transfer to the storage the debtor's accounting documentation.
• Consolidation of the final balance sheet and tax reporting, etc.

The manager has the right:

• Terminate employment contracts with employees of the company, including with the manager.
• Terminate the performance of the terms of the contracts, if this does not interfere with the rehabilitation of the financial situation.
• Dispose of the defendant's assets as owner.
• Engage assistants to fulfill obligations.
• Use the material and information base for the performance of functions.
• Make requests for necessary information.
• Draw up and submit claims in court without a power of attorney, etc.

Steward's report

According to Article 143 of the Bankruptcy Law, the manager is obliged to provide reports of a certain content to the college of creditors at all stages of bankruptcy proceedings. According to the general procedure, the frequency of formation of information is determined as once a quarter, unless otherwise approved by the plaintiffs committee.

The steward's report must contain the following information:

• Detailed inventory of property, list of assets included in the bankruptcy estate.
• On the amount, transactions and sources of funds received on the defendant's current account.
• Information about the procedure for the sale of property objects and settlements with buyers.
• Data on claims for non-payment of receivables to the defendant.
• On a set of measures to ensure the safety of property and on the return of objects (including allotments) from a temporary order of third parties.
• List of contracts where transactions are terminated or invalidated.
• The movement of personnel and the reduction of its number (reduction, dismissal).
• The result of work on closing current accounts with credit institutions.
• List of persons subject to subsidiary liability, etc.

At the first request of the arbitration court, the administrator is obliged to provide comprehensive information about the work done, including a report

Salary

Article 20.6 regulates the amount of remuneration to the manager for carrying out professional activities. The liquidator receives a fixed amount for the execution of the measures of the judicial procedure, as well as full reimbursement of the costs incurred.

The remuneration of the manager's labor is made from the debtor's own funds, unless another order is approved in relation to this case.

The fixed amount of the manager's fee is thirty thousand rubles. By decision of the arbitration court, an increase in payments is allowed depending on the complexity of the judicial procedure. The amount of interest for the fulfillment of obligations is determined in relation to the residual value of assets, but not more than 60 thousand rubles. by the total amount.

Supervisory authority

The direct task of monitoring the implementation of the manager's activities is entrusted to the arbitration and the college of creditors. In addition, representatives of the Bank of Russia can coordinate actions and view the manager's report on the basis of current regulatory legal acts.

Bankruptcy management is a set of measures in the event of a debtor's bankruptcy to secure the claims of creditors through the sale of the debtor's property. The manager carries out his activities for a fee and within the framework of the current legislation. For dishonest performance of obligations, as well as inaction of an individual, administrative and criminal liability is provided.

For more details on the duties of the liquidator, see below:

Attention! Due to the latest changes in legislation, the legal information in this article may become out of date!

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At the moment when a legal entity or an individual is assessed as bankrupt by an arbitration court, a certain procedure may be initiated, which is necessary to repay debts to creditors. This process is called competitive. This is a production that requires a certain order and the performance of various actions by specially appointed persons, which is prescribed by the legislator in regulatory legal acts. And one of the main participants in the case is the bankruptcy administrator for the bankruptcy of legal entities, endowed with specific rights and obligations. TO then such a liquidator and what are the duties of a liquidator in bankruptcy, read the article.

Bankruptcy proceedings

In order to understand who a bankruptcy administrator (CU) is, you need to know what bankruptcy proceedings are and some of the features of its opening.

In general, when considering an insolvency case of a legal entity, such actions as supervision, external management, rehabilitation, bankruptcy proceedings or amicable agreement are applied. In the case of bankruptcy of an individual, only the last two indicated stages are used.

During the period of insolvency proceedings, executors, called bankruptcy commissioners, are established.

These are specially trained people who perform certain actions at the time of the bankruptcy of an object, who are members of a self-regulatory organization of arbitration managers. Depending on the stage of the insolvency case, they can be external, temporary, administrative, etc. So, at the time of bankruptcy proceedings, an arbitration receiver is appointed, the concept, functions, rights and obligations of which are enshrined in the relevant Federal Law and are described further in the article.

The bankruptcy proceeding itself is a process that occurs after the debtor is declared bankrupt by an arbitration court. At the time of this kind of procedure, actions are taken to find and collect all the property of the debtor, appropriate payments are made to all creditors and the enterprise itself is liquidated.

According to the legislation of the Russian Federation, the period for bankruptcy proceedings is up to six months, but it can be longer (up to one year) if a petition is submitted by the person participating in the case.

In the Russian Federation, the consideration of bankruptcy cases, all their specificity, are generally enshrined in the Federal Law "On Insolvency (Bankruptcy)", as well as, in particular, bankruptcy proceedings. The bankruptcy commissioner plays an important role in this process, since he is the main manager of all the debtor's property. Therefore, the regulation of its activities, the definition and consolidation of duties and rights is extremely important.

This is the person appointed by the arbitration court at the time the person is declared insolvent (bankrupt) and the bankruptcy proceedings are established. He is the head of the insolvent object and its management bodies, as well as the owner of the debtor's property, if such is a unitary enterprise.

For the appointment of a liquidator, the court issues an appropriate ruling, which can be appealed. The action of the CU ends at the moment of termination of this bankruptcy proceedings.

How to get the status of an arbitration manager

A complaint against a bankruptcy commissioner to an arbitration court, its special requirements: the complaint must be from a person who is directly involved in the bankruptcy case under consideration; it is imperative that the complaint meets legal requirements; the content of the complaint must be reasoned; there must be an appearance in court during the consideration of the complaint. Speaking openly, the satisfaction of a claim against the liquidator is a rare case. Trustees have extensive litigation practice and often involve the most experienced lawyers in dispute resolution. Therefore, it is recommended to involve a professional to resolve the dispute and your side. How to learn to receive the necessary information from the CU Many applicants for the purchase of a lot at the auction are faced with a problem when the receiver avoids communication regarding assets, gives incorrect information or refuses to inspect the lot.

If they are not met, then a petition will be submitted to the court to apply the procedure for the sale of property to the debtor. How is the property sold by the financial manager? As part of the implementation, the manager takes the following activities:

• a separate bank account is created for the debtor (the financial manager controls it), bankruptcy credit accounts are blocked;
• an appraisal of the property that will be put up for auction is made;
• from the bankruptcy estate, the subsistence minimum is withdrawn, laid down for the bankrupt for the maintenance of himself and his dependents;
• trades are held, debt obligations are paid off at the expense of the proceeds.

How not to get rejected by the financial manager? The refusal of the financial manager can be obtained if you do not agree with him. Yes, you need to find a financial manager yourself.

We talked about how the liquidator is appointed, now we will consider in what aspect we can communicate with the liquidator. To get acquainted with the lot and the documents for the lot, it is important to write a request to the liquidator. How to write a request to the liquidator Some CSOs require a formal written request. Therefore, we will tell you how to write a request to the liquidator. We address our request for familiarization with the lot and documents by lot to the e-mail address indicated in the publication. The request must be competently drawn up and it is necessary to clearly understand for what information and for which documents a request can be made to the liquidator.

Rights and obligations

The bankruptcy commissioner for the bankruptcy of legal entities is appointed by the Arbitration Court after the debtor company is officially declared bankrupt and the bankruptcy procedure begins. His powers expire at the moment when the court closes this procedure. At this stage of bankruptcy (it lasts from six months to 1 year), the manager is endowed with great power, he is a full-fledged manager of all bankruptcy property. All his actions are monitored, rights and obligations are clearly spelled out in the "Law on Insolvency". It also indicates how to become a liquidator, what requirements are put forward for candidates for this position.

The bankruptcy commissioner has the right:

• dispose of the property of the debtor company;
• dismiss employees and the head of this company;
• refuse to comply with the terms of financial transactions or fulfill obligations under the contract, but only if they can aggravate the financial situation of the debtor;
• submit to the Arbitration Court an application on behalf of the debtor company with a request to invalidate a particular transaction.

His responsibilities include:

• ensure the safety of the material assets of the bankrupt company;
• select a property appraiser if necessary;
• within a month after the start of bankruptcy proceedings, warn the employees of the enterprise about the upcoming dismissal;
• maintain a register of lenders' claims;
• to conclude deals beneficial to the debtor.

After the assessment of all the property of the debtor is given, the liquidator brings this information to the creditors and describes the conditions under which these properties will be sold. If the lenders agree to the terms, tenders are held and the debts are paid. If you do not agree, the conditions are approved by the Arbitration Court.

Once every three months, the manager must inform the creditors about the current state of affairs. For this purpose, he submits a report on the work done for a certain period of time. The bankruptcy commissioner's report must contain the following information:

• inventory and property appraisal;
• information on the receipt of funds to the debtor's account and their source;
• the number of employed and dismissed employees;
• measures taken to return the debtor's property held by third parties;
• information on the sale of the debtor's property and the amount received;
• work that was carried out with the aim of invalidating transactions that the debtor entered into before bankruptcy, if this measure will increase the amount of cash receipts to the bankruptcy account;
• measures to bring to subsidiary liability those persons through whose fault the company ended up in debtors, etc.

In addition, after the bankruptcy procedure is completed, the liquidator must submit a report on the work done, where the results of the bankruptcy proceedings should be indicated: a report on the sale of the debtor's property, the repayment of all debts. In addition, the bankruptcy information of the company should be filed with the Pension Fund.

The ability to conclude contracts without a power of attorney

From the moment the bankruptcy proceedings start, the debtor's management is removed from business and all management functions are transferred to the appointed manager. This means that the liquidator is vested with the right to sign contracts without a power of attorney.

But in order to avoid possible abuse on his part, part of the transactions can be concluded only with the consent of the creditors' meeting. These are large transactions with a price exceeding 20% ​​of the value of assets, as well as with interested parties in relation to the debtor (affiliated companies, legal entities from the same group of persons, firms owned by relatives of the debtor's management or manager).

Competitor's report

After settlements with all creditors are completed or bankruptcy proceedings are terminated for the reasons prescribed in Article 57 of the Federal Law, the CU must submit a report on the work done, on the results of this procedure to the arbitration court.

The bankruptcy commissioner's report is a list of documents confirming:

• sale of the debtor's property;
• repayment of credit obligations;
• submission to the Pension Fund (its territorial subdivision) of information on the date, place of birth of the debtor, his citizenship and passport data, including full name, sex and permanent registration address of the bankrupt, as well as information that must be recorded in this body in accordance with paragraph 2 of Article 11 -th Federal Law "On individual registration in the compulsory pension insurance system" (insurance number of an individual personal account, information about places and periods of work, etc.).

In addition to the above documents, the bankruptcy commissioners must attach to the report a register of creditors' claims, which will indicate the amount of debts paid by the bankrupt person.

After the CU has drawn up and submitted its report to the competent authority, it is obliged to notify the creditors of this fact.

Who exercises control over the liquidator

Controlling functions over the bankruptcy director are assigned to the committee / meeting of creditors and the judiciary (Art. 143 of Law 127-FZ). The manager with a frequency of at least once every 3 months, unless a different period is provided by creditors, is obliged to:

• report on its functioning to creditors;
• inform creditors about the monetary and property status of the debtor at the beginning of the competition;
• provide other information (clause 1 of article 143 of Law 127-FZ).

The tender manager's reporting document is drawn up in accordance with the requirements of the RF Government Decree "On the approval of general rules ..." dated May 22, 2003 No. 299 and the order of the RF Ministry of Justice "On the approval of standard forms ..." dated August 14, 2003 No. 195. According to the named documents and clause 2 Art. 143 of Law 127-FZ, the specified reporting documentation must include:

• information about the material and property complex, including information about the inventory;
• information on the results of the sale of the debtor's property;
• information about financial receipts to the debtor's accounts, including information about the source of funding;
• summarized calculation of financial claims of third-party entities;
• a list of measures to preserve the debtor's property;
• data on the measures taken to determine the invalidity of the debtor's transactions;
• information about the register of creditors maintained by the bankruptcy manager, including the summarized claims and claims for each queue;
• information on staff changes of the debtor, including the number of dismissed and continuing work employees;
• information on measures to close the debtor's accounts;
• data on the summarized obligations of the debtor;
• information on bringing third parties to subsidiary liability.

Releasing KU

The bankruptcy commissioner can be released or suspended from performing his duties in accordance with Articles 144 and 145 of the Federal Law.

Thus, the CU is exempted from the exercise of its functions by the arbitration court in the event of:

• own desire, according to a personal statement;
• a corresponding petition sent by the self-regulatory organization of insolvency practitioners (of which the CU is a member) to the arbitration court.

In the second case, the petition is filed when facts of violation in the activities of the bankruptcy commissioner, his inconsistency with the position held, incompetence, unfair work are revealed. At the same time, the decision is initially made by the collegial governing body of the self-regulatory organization of arbitration managers, and then within 14 working days from the date of its adoption, the petition is filed with the arbitration court.

Removal of CU

The dismissal of the manager can be carried out if:

• a petition has been submitted from the meeting or the creditors' committee in a situation where the CU does not fulfill its duties or performs them in an inappropriate manner;
• any person participating in the bankruptcy case and whose interests are violated as a result of the activities of the liquidator, as well as in connection with this, the debtor or creditors have suffered or could have incurred losses, files a complaint with the arbitration court, and this claim is satisfied;
• circumstances have been identified that do not allow the CG to be appointed to this position;
• the bankruptcy commissioner violated the terms of membership in the self-regulatory organization of bankruptcy commissioners and was expelled from it for this or forcibly left the given society for violation of the law;
• administrative punishment is applied to CU in the form of deprivation of his right to engage in this activity.

Upon suspension or release, a new liquidator is appointed. This happens in accordance with the procedure established by federal law. If such a decision is made, then it must be implemented immediately, although it can be appealed.

Summing up, it should be noted that bankruptcy proceedings are opened by the court only in cases where other operations in the bankruptcy case did not bring any result or the solvency of the object cannot be restored.

At these stages, as a rule, the bankrupt object has a lot of unfulfilled debt obligations and, in connection with this, a lot of unsatisfied creditors. It is at such moments that bankruptcy proceedings begin. This indicates that the bankruptcy commissioner is a person performing a specific role in this process, about its importance and necessity in an insolvency case.

Priority of debt repayment

The competitive procedure ends only after the financial claims of the plaintiffs are satisfied. However, interested parties may not always receive the amounts due to them, since the claims are satisfied in the order of priority. If the property is not enough to pay off the debt, then some creditors will not be able to get their money back in full.

The payment procedure is as follows:

• The first stage includes individuals, to whom the person did not compensate for the damage caused.
• The second is employees requiring salaries and other payments provided for by the Labor Code of the Russian Federation.
• The third is government organizations and other creditors.
• Further, the requirements of other persons not included in the register are considered.

Out of turn payments are made to the funds and the manager. The amount spent on state fees and legal costs is collected. Obligatory payments (communal, etc.) are repaid.

This stage of the procedure is considered completed only after the property is sold and the funds are transferred to creditors. The basis for closing the case is the submission of a report on the work done to the court.

Manager's remuneration

Item 3, Art. 20.6 of Law No. 127-FZ establishes that the liquidator's remuneration consists of 2 parts:

• A fixed amount of 30 thousand rubles. per month. If the case is complicated by the decision of creditors or at the request of a participant in the process, this amount may be increased by the arbitration court considering the insolvency case.
• Interest amounts.

The amount of interest is determined in accordance with clause 13 of Art. 20.6 and amounts to:

• 7% of the amount of satisfied claims of bankruptcy creditors, provided that more than 75% of the declared claims are satisfied;
• 6% upon meeting 50–75% of the stated requirements;
• 4.5% if 25-50% of the requirements are satisfied;
• 3% in other cases.

The amounts recovered when bringing the owners and management of the legal entity to subsidiary liability are not taken into account in the above calculation (clause 3.1 of Article 20.6 of Law No. 127-FZ). The manager's remuneration from these amounts is equal to 30%, which includes the costs of third-party services that help bring the owners and management of the legal entity to responsibility.

Property liability of the liquidator

In the event that the liquidator by improper performance of his duties caused the debtor, bankruptcy creditors or other persons losses, the fact of which was established by a court decision, he is obliged to compensate them (clause 4 of article 20.4 of Law No. 127-FZ).

At the same time, the existence of the fact of filing claims against third parties does not relieve the manager of liability if the losses caused were not covered by third parties in full (clause 3 of the section "Practice of applying bankruptcy legislation" of the Review of judicial practice of the RF Armed Forces dated October 19, 2016 No. 3 ).

An example of the bankruptcy administrator's failure to act, which caused him losses, is his failure to take measures:

• to restore the term of validity of patents;
• collection of receivables;
• ensuring the safety of the property of a bankrupt legal entity (see the definition of the RF Armed Forces dated 08/10/2017 No. 307-ES17-9965 in case No. A56-70026 / 2010).

In the event that the funds of the compensation fund of the SRO AU were spent on compensation for losses, which led to its decrease below the established level in the amount of 20 million rubles, the liquidator must compensate the losses to the members of the SRO AU who made additional contributions.

Data on the recovery from the bankruptcy commissioner of losses arising from non-performance or improper performance of his duties, as well as the amount of such losses shall be placed in the Unified Register within 3 days from the date of entry into force of the judicial act.

Thus, the liquidator is an arbitration manager appointed after the legal entity has been declared bankrupt. The main goal of the bankruptcy administrator is the formation of the bankruptcy estate and the satisfaction of the claims of bankruptcy creditors. In case of failure to fulfill his duties, the manager may be dismissed, as well as brought to civil liability in the form of compensation for damages.