The state Duma has toughened punishment for illegal actions in bankruptcy

The state Duma has toughened punishment for illegal actions in bankruptcy

In particular, the new law imposes responsibility for untimely representation of the information in the Unified Federal register of information on facts of activity of legal persons.

MOSCOW, 23 Dec. The state Duma on Wednesday passed a law that toughens administrative liability for illegal actions in bankruptcy.

The law introduces liability for a repeated offence failure by the Trustee, the Registrar, the organizer of bidding, operator of an electronic platform, the head of the temporary administration of a credit or financial institution established by the legislation on bankruptcy of duties. For officials disqualification for the term from six months to three years, for legal entities – a fine of 350 thousand to 1 million rubles.

At the same time the administrative responsibility for the repeated failure of the head of the legal entity, individual entrepreneur or citizen’s duties by filing to arbitration court the application on bankruptcy in the cases provided by law. In this case, citizens will pay a fine in the amount from 3 to 5 thousand rubles, and officials will be disqualified for a period from six months to three years.

Failure to implement enforceable judicial act of attracting controlling persons of the debtor to subsidiary responsibility for the obligations of the debtor declared bankrupt, will entail disqualification of officials for a similar term. An exception is made only for two cases. First, if the act challenged in the court of appeal and this court is not a judicial act. Secondly, when was the deadline to appeal against the judicial act concerning the imposition of vicarious liability.

Arbitration managers, the court suspended from duty in connection with causing losses in the procedures applied in business about bankruptcy, are not able during the year to be approved by the arbitration court as temporary, administrative, external or bankruptcy Trustee in the bankruptcy case. Limit the amount of remuneration of governors in the monitoring procedure is limited to 60 thousand rubles a month.

Now the size of compensatory payments from the compensation Fund self-regulatory organization of arbitration managers with regard to one case of causing damages may not exceed 5 million rubles. The law States that the size of compensation payments in this case should not exceed 50% of such compensation Fund. Under the current version of the bankruptcy law the minimum size of the compensation Fund is 20 million rubles.

Responsibility for other violations

The law also introduces administrative responsibility for untimely representation of the information in the Unified Federal register of information on facts of activity of legal persons in cases where such a representation is required by law. Officials may be warned or punished by a fine of 5 thousand rubles.

In the case of non-submission or submission of false information the penalty will be from 5 to 10 thousand rubles, and if such breach is repeated from 10 to 50 thousand rubles, or disqualification for the term from one year up to three years.

Changes in the legislation on notaries

A number of the changes made by law changes applies to notarial acts and notaries public. In particular, the possibility of making by notaries of notarial acts in electronic form and specified the tariff for notarial certification of transactions the subject of which is the alienation of immovable property.

A number of changes aimed at improving the system of registration of notices on pledge of movable property. Participants of limited liability companies are given the opportunity to enter into option agreements in respect of shares in the Charter capital of the LLC.

Other changes

The law prohibits the shareholders ‘ register of economic associations having strategic value for defense industry complex and security of the Russian Federation, and also under their control societies, registrars, controlled by foreigners.

The law permits the bankruptcy of one developer to another developer to redeem from its bankruptcy estate, plots are shown, on which objects under shared construction. However, under the condition that the transmitted obligations of the Builder-the bankrupt before citizens of-interest holders, the presence of a positive review of Ministry of construction of Russia and the fulfillment of other requirements.

The lists of objects of concession agreements and agreements on public-private or public private partnerships are complemented by the production facilities, primary and (or) subsequent (industrial) processing, storage of agricultural products. However, this only applies to facilities included in the approved by the RF government in accordance with the law on development of agriculture list and defined according to government-established criteria.