The Supreme Court clarified the nuances of bringing to subsidiary liability in a corporate conflict
The court pointed out that the affiliation of persons can not only arise from their family relationship, but also be factual, and bringing to subsidiary liability cannot be used to resolve corporate disputes.
As noted by the lawyer, partner of the law firm Tenzor Consulting Group Anton Makeychuk, in the case under consideration, the Supreme Court recalled that when determining the amount of subsidiary liability, the courts should distinguish between the terms of the debtor’s obligations arising, for which these persons are brought to subsidiary liability, and the terms of their performance, which are not always match.
According to the lawyer, in this case a combination of circumstances played a role, testifying to the interconnection of the participant of the company and the major creditors of the debtor, acting on the side of the applicant.
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