What data does the state register of arbitration managers contain?
The Unified Register was created in order to systematize and provide for free access and review information regarding existing arbitration managers and for the selection of a specific manager to carry out activities of an enterprise or company at the stage of its bankruptcy.
The state register database has free access and contains data about any person who is an insolvency administrator. This data is automatically updated, all necessary changes and additions are added. To find a specific arbitration manager, you need to go online to the page of the state website for registering arbitration managers. The full name, date of registration, address, and region of residence of the manager are posted here. Each of them has its own serial number under which it is registered
To include an arbitration manager in the consolidated registry, it is necessary to provide a list of documents confirming his identity and compliance with all the requirements requested by the registry form. It is also mandatory to provide information that indicates that the financial situation of the applicant for inclusion in the list is not difficult (not bankrupt).
The service for entering into the register is absolutely free; if the system accepts the information provided, it will notify the arbitration manager about entering it into the free register using a special message.
Customer Reviews
Letter of thanks
Gratitude from Guryanova T.A. I express my sincere gratitude to Vasily Anatolyevich for his professionalism and highly qualified assistance in resolving the issue of protecting my rights as a consumer. As a result, I received decent compensation from.
Thanks a lot. 07/09/2019
Gratitude from gr. Tiuntsova G. A. I asked for advice from your “Legal Agency of St. Petersburg” - regarding deception by one person who presented himself as an employee of Rospotrebnadzor of the Krasnoselsky district, Novichkov A. A. Offered me a service - before the New Year, go on a tourist trade union voucher to Moscow on the Sapsan railway transport. I refused due to the manipulation of the placement of seats - in different trains, and then by car. Lawyer Sergei Vyacheslavovich Mavrichev handled this case and provided consultations. I thank you for such a sensitive and attentive attitude in office work, which was denied at the 58th police department of the Vyborg district, under Art. 24, 144, 145 of the Code of Criminal Procedure of the Russian Federation, I now have the right to appeal the conclusion and will send an application for further investigation to the district prosecutor's office.
Tiuntsov G. A.
8
Gratitude from Alexey Shubakov Many thanks to Sergei Vyacheslavovich for the complete and detailed consultation. I have not encountered legal assistance before, but now, with a very favorable impression, I will definitely apply again in the future.
Shubakov Alexey 10/17/2018
Gratitude from N.S. Khokhlov I am Khokhlov N.S. I express special gratitude to lawyer A.V. Pavlyuchenko who defended my consumer protection rights. I was pleasantly surprised by his professionalism, where he discovered the false address of my defendant registered in the Unified State Register of Legal Entities, and also defended me, as I believe, from the unreasonable decisions of the trial judge. If I need legal assistance in the future, I will only turn to A.V. Pavlyuchenko.
N.S. Khokhlov December 12, 2017
Thanks to Pavlyuchenko A.V. from Radhuan M. Dear Pavlyuchenko Alexander Viktorovich. Let me express my sincere gratitude for the qualified legal assistance provided. Thanks to your professionalism, I was able to achieve a decision in my favor. I wish you further prosperity and professionalism.
Radhuan Mohamed 06/08/2018
Gratitude from Rusanova N.V. I sincerely thank Konstantin Vladimirovich Ivanov and Sergei Vyacheslavovich Mavrichev for the qualified information assistance provided in a friendly atmosphere of communication, as well as for providing the opportunity to obtain guaranteed legal support in the future.
Rusanova Natalya Viktorovna, Associate Professor of the Department of Russian Language and Literature of St. Petersburg Mining University.
Gratitude from Potapova T.I. I express my gratitude to Denis Yuryevich Stepanov for the work done, high qualifications, as well as for very clear, accessible help in solving my problem (protection of consumer rights). Excellent, very competent lawyer. Thank you very much!
Sincerely, Potapova Tamara Ivanovna, 07/09/2019
Gratitude from Kikkas V.P. Kikkas V.P. I am grateful to the Legal Agency of St. Petersburg for understanding the situation and timely assistance in my seemingly hopeless situation, personally to Denis Yuryevich Stepanov, I hope to continue to cooperate.
Kikkas V.P. 08.11.2018
Review by Lurie L.D. I, Lurie L.D., want to express my gratitude and gratitude for the competent advice and cordial attitude towards me as a client.
Who are arbitration managers?
The arbitration manager entered in the register is the person with whose participation the bankruptcy procedure is being carried out. He is obliged to ensure that the interests of both the owner of the enterprise and the borrowers to whom the debtor enterprise owes a certain amount of money or other valuables are respected. The appointment of this person to carry out the functions of managing a bankrupt enterprise is carried out by the court.
Arbitration managers can be:
- bankruptcy managers - during the competitive procedure;
- temporary managers;
- external – during external management of the enterprise.
An individual can become an arbitration manager. a person who has the status of an individual entrepreneur with the necessary qualifications in this area of commercial activity. The main condition for appointment to the position of an arbitration manager at a particular enterprise is the absence of personal interests in relation to one of the parties involved in the bankruptcy process.
General provisions on bankruptcy proceedings
Bankruptcy proceedings are a procedure applied in a bankruptcy case to a debtor declared bankrupt in order to proportionately satisfy the claims of creditors. This procedure is introduced for 6 months with the possibility of extension at the request of a person participating in the case for no more than six months. The ruling of the arbitration court to extend the period of bankruptcy proceedings is subject to immediate execution and can be appealed in the manner prescribed by law[1].
Purposes of introducing bankruptcy proceedings
- search and accumulation of the debtor's property;
- liquidation of the organization;
- proportionate satisfaction of creditors' claims.
Bankruptcy proceedings are opened by the court if there is no real opportunity to restore the debtor’s solvency, and/or if other bankruptcy procedures have been unsuccessful. From the moment bankruptcy proceedings are opened, the debtor is called bankrupt. The court decision to open bankruptcy proceedings must contain the following information:
- declaring the debtor bankrupt;
- on the appointment of a bankruptcy trustee;
- about the consequences of opening bankruptcy proceedings;
- on the duration of bankruptcy proceedings and on the submission of a report to the bankruptcy trustee within the established time frame.
Consequences of opening bankruptcy proceedings
- the deadline for the fulfillment of all obligations of the debtor;
- the accrual of interest, penalties (fines, penalties) and other sanctions for non-fulfillment or improper fulfillment of monetary obligations and mandatory payments is stopped;
- information about the financial condition of the debtor ceases to relate to information recognized as confidential or constituting a commercial secret;
- transactions related to the alienation of the debtor’s property (over 5% of the debtor’s total property) or entailing the transfer of its property to third parties for use are terminated;
- execution of enforcement documents is terminated, including enforcement documents executed in the course of previously introduced procedures applied in bankruptcy cases;
- writs of execution, the execution of which has ceased, are subject to transfer by bailiffs to the bankruptcy trustee;
- previously imposed arrests on the debtor’s property and other restrictions on the disposal of the debtor’s property are lifted[2];
- the powers of the debtor's manager are terminated;
- all claims of creditors can be presented only during bankruptcy proceedings;
- From the moment the arbitration court makes a decision to declare an individual entrepreneur bankrupt and to open bankruptcy proceedings, the state registration of a citizen as an individual entrepreneur becomes invalid, and the licenses issued to him to carry out certain types of business activities are canceled (Clause 1, Article 126 of the Federal Law of October 26. 2002 No. 127-FZ “On insolvency (bankruptcy)”.
The decision to declare an enterprise bankrupt and open bankruptcy proceedings is published in the Kommersant newspaper [3] outlining the essential circumstances: procedure, deadlines for filing claims, name of the court, etc.
What activities does the arbitration department carry out?
The list of services of arbitration managers includes ensuring the conduct of processes in the field of bankruptcy. They are subject to certain requirements for knowledge of the law and work experience, as well as skills in resolving the interests of all interested parties in bankruptcy.
These specialists take part in conducting an investigation into the financial condition of an enterprise that has debts. Obtaining information for the bankruptcy procedure is one of the main functions, which helps to establish the true financial condition of the bankrupt and his income. This increases the chances of creditors to recover debts by restoring the company’s ability to make cash payments.
Responsibilities of the financial manager
The functions of a financial manager are quite extensive. Let's look at each of them separately.
Account control
The law establishes the right of the financial manager to monitor how a borrower undergoing bankruptcy proceedings spends funds from his bank accounts. For example, he may prohibit the debtor from inappropriate expenses, or not allow a particular transaction to be carried out if it infringes on the rights of one of the parties. He can also open a new account or close the one he already has.
Debt collection
It happens that a bankrupt citizen has debtors. The financial manager can legally demand that they repay the borrowed funds (including through the court). The returned money goes to cover the bankrupt's debts.
Inventory and assessment of property
The responsibilities of an arbitration manager in this area are great:
- He must make a list of all the borrower's property.
- If you are already leaning towards a particular bank and loan program, a lawyer will analyze it and give his verdict.
- Select from it what cannot be sold (the only housing, pets and livestock, household items and personal belongings, cash not less than the subsistence level, etc.).
- Conduct an assessment of property for sale (luxury goods, “extra” real estate, transport, etc.).
Please note: with the advent of financial managers, fraud also appeared among them. Most often it manifests itself at the stages of valuation and sale of property. If you see that a specialist is clearly offering a low price for items for sale, feel free to challenge this. You can engage an independent expert to evaluate the property. But this will entail additional costs. By the way, the creditor bank can also challenge the manager’s opinion in this case.
Sale of property
The debtor's described property is put up for sale. And here, too, there is scope for fraud, so the procedure for selling property must be treated with maximum responsibility.
The fact is that an item worth less than 100 thousand rubles goes through closed auctions. A certain list of persons is allowed to join them. And if the price exceeds a hundred, then an open auction is scheduled - anyone can register for it.
There are often cases when an arbitration manager deliberately lowers the price below one hundred thousand rubles in order to put an item through a closed auction. Where it will be purchased for free by an organization that has been “agreed” in advance.
IMPORTANT: if the property was not sold during the auction, or creditors refused to accept it as partial payment of the debt, the item is returned to the owner.
Preservation of property
One of the most important tasks facing the expert is to prevent the debtor’s property from being illegally alienated in favor of third parties or sold.
Realization of the rights of a legal entity
In the case where the bankrupt is a founder or co-founder of a legal entity, the financial manager takes upon himself the implementation of his rights.
Evaluation and contestation of transactions
In any case, the appointed expert makes a detailed analysis of all financial activities of the bankrupt citizen. If it is revealed that over the past three years the debtor has made some dubious transactions with property or money, then such transactions can be challenged (for example, when there is an unreasonable alienation of real estate and other expensive assets through donations to relatives and friends).
Detection of fictitious bankruptcy
When a debtor tries to hide his property - transfer money from accounts, transfer assets to third parties, this serves as evidence of an attempt to carry out fictitious bankruptcy. The arbitration manager is obliged to identify such actions and report them to law enforcement agencies. According to the laws of the Russian Federation, for fictitious bankruptcy, the violator is brought to administrative or criminal liability. In the latter case, the matter may reach a real deadline (if the total value of the hidden property is more than one and a half million rubles).
Control over the payment schedule
Often banks restructure a citizen’s debt and assign him a new payment schedule. The financial manager is obliged to monitor its compliance. Interaction with creditors.
The specialist must promptly inform debt holders about what work he is doing with the borrower and at what stage the bankruptcy procedure is. If necessary, meetings of creditors are held.
Distribution of funds when repaying debts
When a bankrupt individual has a debt to several creditors, the manager’s responsibilities include the distribution of money received from the sale of property between these organizations.
Maintaining strict reporting
Bankruptcy of an individual is a subject of strict reporting. The insolvency administrator must publish reports on his activities, as well as keep the parties to the process up to date: the debtor, creditors and the court.
Price issue
The total cost of financial manager services consists of two types of remuneration:
- One-time reward in the amount of 10,000 rubles. This is a mandatory fee to the financial manager, which you pay to a special court account when filing a claim. If at the time of application you do not have this amount, then you have the right to request a deferred payment.
- Percentage from the sale of recovered property. 2% of the debtor’s property that will be sold during the auction also goes to pay for the services of a specialist.
Please note: the amounts of both of these types of remuneration are fixed by the legislation of the Russian Federation and are final. That is, any other payment for the services of an arbitration manager is illegal.
At the end of the article, we want to give advice to all citizens who are about to launch bankruptcy proceedings: do not be afraid of the financial manager and do not hide anything from him. His powers are very broad. Without normal interaction with this specialist, you cannot legally become a bankrupt.
