Today we will talk about how to become an arbitration manager or his assistant in Russia: let’s see what requirements are imposed on candidates as of 2020, what pitfalls await applicants, and where to start for those who want to obtain such status. Let's start with basic definitions.
An insolvency administrator is a special official who manages an enterprise while the court is considering the company's bankruptcy case. Its goal is to conduct activities in such a way that the claims of the company’s creditors following the results of the proceedings are fully satisfied.
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I want to become an arbitration manager: what should I do?
Let's figure out what requirements Russian law imposes on candidates. There are not many of them:
- Russian citizenship.
- Higher professional education.
- Passed the theoretical exam.
- Legal “purity” – there should be no criminal records or disqualifications.
- Certificate of liability insurance.
- Timely payment of membership fees to the self-regulatory organization (SRO) of arbitration managers.
Let's look at each requirement from the list in detail - they look obvious, but candidates face pitfalls when fulfilling each of these points.
Russian citizenship
This is the first and simplest condition. A foreign citizen cannot obtain the status of an arbitration manager and the logic here is simple - how can a foreigner understand Russian law and be familiar with Russian legislation if he cannot even work as a simple lawyer?
Higher education
This is the main requirement for the candidate. Previously, it was formulated as “having a higher professional education,” which caused a lot of disagreement. Which diploma should be considered as such: an economist, a lawyer, a financier or some other? Therefore, in 2013, an amendment was adopted to the law changing the wording - now, in order to become an arbitration manager, you do not need to obtain a specific diploma, which makes the task easier for candidates.
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Theory exam
The next stage is testing under the manager training program. The latter are approved by orders of the Ministry of Economic Development of the Russian Federation and can be found on the department’s website. Many Russian universities offer special preparatory courses. This additional education helps candidates acquire the knowledge they need to pass the exam. You can also study in the specialty “Crisis Management” or prepare for the test on your own. The exam is administered by a special commission approved by supervisory authorities.
Internship
Before becoming an arbitration manager, you need to undergo an internship as his assistant. Candidates who have passed the exam are admitted to it. The duration of the internship varies: if the applicant for the position has at least a year of management experience, then he will have to practice for at least six months. Eligible positions, according to the law, include:
- The head of a commercial company (or his deputy);
- The head (or his deputy) of a local government body;
- In public service.
At the same time, if you were the head of a division of a commercial organization or government agency, this experience will not be counted towards you. If there is no suitable entry in your work book, then before becoming an arbitration manager, you will have to work as his assistant for 2 years.
Purity before the law
Everything is simple here - you should not have any major offenses or crimes on your record. You cannot take the position of manager if you have been convicted or prohibited from working in any particular area. You need to confirm your “legal” purity “on paper” - provide certificates from the Ministry of Internal Affairs and the Federal Tax Service.
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Liability Insurance
Another item on the list of what you need to become an arbitration manager. The law says that you need to insure your liability for causing losses to creditors and other participants in the bankruptcy process due to poor performance of duties. To do this, an agreement is concluded between the official and the insurance company with a minimum amount of 3,000,000 rubles - it is established by law. The property is covered by the contract - this is necessary to ensure the solvency of the manager when an insured event occurs. Moreover, the agreement is renewed every year. If a member of the SRO cannot conclude an agreement with the insurer, he is excluded from its membership.
Assistant Arbitration Manager 3.9.3 “Professional” edition
Assistant to the Arbitration Manager is a comprehensive legal system for automating the full cycle of work of the arbitration manager, from receiving a determination to reporting to a self-regulatory organization.
The system is intended for arbitration managers and companies providing support for bankruptcy procedures.
Main functions of the program:
— Accompanies all procedures provided for by the Federal Law “On Insolvency (Bankruptcy)” — automatically generates a list of necessary activities, controls the calendar plan for their implementation with recommendations and proposals for their implementation;
— Significantly reduces the time for preparing documents required when conducting any of the bankruptcy procedures. The function of generating custom documents is available, that is, you can create document templates that are used in everyday practice. In total there are more than 400 documents in the system.
- Allows you to professionally perform the duties of a registrar - forms and maintains a register of creditors, carries out proportional distribution of funds;
— Facilitates accounting and control of the distribution of the bankruptcy estate, ensures the division of the bankruptcy estate into lots, division into groups according to book value and market value, allows you to control the distribution of funds received from the sale of collateral property in the register, allows for separate accounting of property not included in the bankruptcy estate;
— Contains the replenished and updated regulatory framework of the Russian Federation and judicial practice relating to bankruptcy procedures. There is a convenient search for the regulatory framework. Thus, the system does not require the additional use of other information and legal systems;
— Automatically prepares professional reports, templates for analyzing the financial condition of the enterprise, templates for external management plans;
- Allows you to import data from 1Cv7.7. when preparing a financial analysis and accounting for the income/expenses of the arbitration manager in conducting the procedure;
Screenshots Assistant Arbitration Manager 3.9.3 edition “Professional”
The only specialist who provides truly high-quality services in the field of bankruptcy is an arbitration manager who has qualifications and appropriate education, one of which must be legal. By contacting my practice, you can be sure that you will receive a complete, qualified answer to your questions. Please note: oral counseling upon first contact within reasonable limits is FREE. Services provided:
Bankruptcy of legal entities
1. Fulfillment of duties as an arbitration manager in the procedures applied in a bankruptcy case - payment in accordance with Art. 20.6 and 20.7 of the bankruptcy law.
2. Legal support of bankruptcy procedures - by agreement within the limits of the bankruptcy law
3. Separate legal services in bankruptcy cases (the lower limit of the cost is indicated for very simple cases): - Drawing up an application for declaring the debtor bankrupt - from 30,000 rubles. — Drawing up an application for inclusion of a claim in the register of claims of the debtor’s creditors — from 20,000 rubles. — Representation of interests in court and at meetings of creditors — by agreement — Regulatory and legal analysis of the legality of the actions of the arbitration manager and other participants in bankruptcy — by agreement — Carrying out any legal and factual actions related to representing the interests of a participant in bankruptcy proceedings — by agreement
4. Purchase of property at auction - from 5,000 rubles.
5. Performing a financial analysis of the debtor’s activities - from 20,000 rubles.
6. Organization and holding of auctions on electronic platforms - from 10,000 rubles.
Bankruptcy of individuals
1. Performing duties as a financial manager in the procedures applied in a bankruptcy case - payment in accordance with the bankruptcy law.
2. Drawing up an application and supporting its consideration in court - from 30,000 rubles.
1. Drawing up statements of claim (objections to statements of claim) - from 30,000 rubles.
2. Representation of interests in court - from 5,000 rubles. per meeting
3. Preparation of other procedural documents (statements and petitions) - from 1000 rubles.
4. Comprehensive case management in court - fixed amount from RUB 50,000. or% of the claim amount, which will be determined after reviewing all the documents
2. Collection of problem debts, repurchase of debts - by agreement depending on the quality of the debt
3. Regulatory and legal opinions - from 10,000 rubles.
4. Preparation of contracts, claims and accompanying documents - from RUB 5,000.
5. Any legal assistance - by agreement
WorkStat – Time tracking
All information about the work of employees on your screen.
Accurate to the second WorkStat
records the time employees work, launching programs and using applications, browsing websites and working with documents. Using the program allows you to reduce the loss of working time and increase the efficiency of employees.
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Writing off your debts is our job!
“When you have health problems, you don’t go to legal advice, you go to a doctor. When you have financial problems, you also don’t need a lawyer (of course, if you don’t want these very problems to get worse), you need a financial manager!
October 2015 has arrived. Federal Law of October 26, 2002 No. 127-FZ “On Insolvency (Bankruptcy)” received amendments in the form of Chapter X “Citizen Bankruptcy”, in other words - bankruptcy of individuals ( see the heading “Bankruptcy of Individuals. A View from the Inside” ) . The state made it possible for people to get rid of their exorbitant debts through bankruptcy proceedings. A good opportunity and needed. But, as you know, everything doesn’t happen well. Immediately after this, legal companies began to appear, which, from every window that popped up on the Internet, guaranteed debt write-off, confidentiality, taking money from the population only through a legal agreement, etc., etc. Well, according to the rule - “Advertising is the engine of everything in the world,” people went there to get rid of debts, and immediately after that, individuals who came from these “lawyers” began to come to arbitration managers... Debtors received valuable instructions from them : Don’t communicate with the financial manager, we will take on this responsibility ourselves, otherwise he is very angry and busy... Bring the money only to us, and we ourselves will take on this difficult work - negotiations with the financial manager (see the section “Financial Carousel” "") . By the way, the financial manager always has something to do, instead of conducting dubious negotiations with so-called lawyers. And what to talk to them about?
We could go on and on, but that’s not the point. The most unpleasant thing is that the arbitration managers have never seen all these “lawyers” and have nothing in common with them. They simply indicate in the application for declaring a citizen bankrupt absolutely any SRO (self-regulatory organization of insolvency practitioners), from among whose members the candidate selection committee approves the candidacy of an arbitration insolvency practitioner for a particular bankruptcy case. There was such a case in our practice, almost a joke. And it would be fun if it weren't so sad. A debtor came to one of us blindly (as is practiced by most so-called “legal companies”), selling property. A couple of months with no word, then his representative from one company is announced to collect money through an agreement to “represent” the debtor in court, etc. We barely paid off the costs of the procedure, and when asked who would pay for the work of the direct assistant to the financial manager, who accelerated the bankruptcy process in this procedure, a stunning answer was received: “It’s not spelled out in our budget.” That is, they took the money for something remote from the bankruptcy procedure from the debtor, and then washed their hands of it. I became very curious, what kind of office is this? On their website (now, as it turned out, they are not the only ones) there is a unique statement, a quote: “we will keep the property for the debtor.” And this is in the bankruptcy procedure - “Sale of the debtor’s property,” for a minute. When asked why they, to put it mildly, mislead people, an amazing answer was received from a man with a wide smile: “Well, the only housing remains with the debtor, right? This is what we mean” (see the section “Legal trap, or “Tales of the Vienna Woods” from bankruptcy lawyers”) . Sadly. People do not disdain anything in achieving their goal - to get the funds of a person in trouble at any cost, and they even take credit for what is written in black and white in the Bankruptcy Law...
Now let's move on to the main thing. The arbitration court judge will release you from further obligations. A petition for release from further obligations is submitted to the arbitration court by the financial manager of the debtor. He does it on the basis of a financial analysis, a conclusion about the absence of signs of deliberate (fictitious) bankruptcy and many other documents he received in the bankruptcy procedure from... You will say now - of course, from lawyers. No, from the registration authorities. There are no lawyers involved in the bankruptcy case. In the decision of the arbitration court to declare a citizen bankrupt and introduce a procedure for the sale of property, the debtor, as well as the judge and the financial manager, are registered. Not a word about lawyers. And since there is not a word about them in judicial acts, what do they have to do with the bankruptcy case? Doubtful. No, of course, a debtor needs lawyers in a bankruptcy case if the debtor has a lot of money and has nowhere to put it. Now about lawyers, a necessary profession, BUT, do you have problems with the law? No, you have financial problems. The question arises: why do we need a lawyer in bankruptcy of individuals? Arbitration (financial) managers handle bankruptcy of individuals. It is the financial manager who is responsible before the arbitration court for everything that happens in the bankruptcy procedure of an individual. Arbitration managers sometimes advise both lawyers and advocates on issues related to the bankruptcy of individuals and legal entities (see the section “Legal blunders in preparing individuals for bankruptcy”) . It gets to the point of absurdity when yesterday’s debtors, having deposited money with lawyers, then blindly got into a procedure with the arbitration manager, through his efforts successfully completed and freed from debt (it’s not people’s fault that they unknowingly deposited a lot of money, it’s not clear why and it’s not clear to whom , and it is not right for us to blame them for this, so yes, we are writing petitions to the arbitration court for complete release from further obligations of the debtor to creditors), they call their lawyers and sincerely thank them... There is no point in continuing, everything is already clear. ARBITRATION MANAGERS FROM OUR ASSOCIATION ARE READY TO DIRECTLY, WITHOUT INTERMEDIARIES, CONDUCT THE BANKRUPTCY PROCEDURE OF AN INDIVIDUALS IN THE WHOLE TERRITORY OF THE RUSSIAN FEDERATION. Absolutely confidential, without unnecessary pomp and far-fetched reviews. We just do what we do better than others.
You don't need a lawyer or lawyer.
You need a financial manager! Best regards, Alexey Panteleev. Expert in bankruptcy of individuals. Current member of the ASSOCIATION OF ARBITRATION MANAGERS.
Assistant Arbitration Manager 3.9.3
Briefly:
“Assistant Arbitration Manager” - automation of the cycle of work to support bankruptcy procedures - from obtaining a determination to reporting to the SRO.
Assistant to the Arbitration Manager - Comprehensive legal system "Assistant to the Arbitration Manager" - automation of the full cycle of work to support bankruptcy procedures - from obtaining a determination to reporting to a self-regulatory organization. The system is intended for arbitration managers and companies providing support for bankruptcy procedures. The main functions of the program: - Accompany all procedures provided for by the Federal Law “On Insolvency (Bankruptcy)” - automatically generates a list of necessary activities, controls the calendar plan for their implementation with recommendations and proposals for their implementation.
— Contains a unique service called Analytics, a system of professional analysis of companies that allows you to instantly obtain detailed, up-to-date information about the debtor and its management bodies, creditors, debtors and other counterparties. This information will help in the activities of the arbitration manager (obtaining an idea of the quality of receivables, identifying the debtor's counterparties affiliated with management bodies, identifying the debtor's contestable transactions, drawing up a financial analysis).
Requirements for candidates
Due to the fact that the position of assistant is the final stage on the path to becoming a full-fledged manager, the requirements for both are identical. Criteria that an assistant arbitration manager must meet:
- a Russian citizen who has applied for an internship;
- higher education;
- exam;
- no problems with the law (confirmed by certificates from the departments of the Ministry of Internal Affairs and the Federal Migration Service), minor offenses do not interfere with internship;
- other requirements established by the SRO itself; they can be of any nature, for example, work experience requirements are determined, etc.
When choosing an assistant arbitration manager, preference is given to a candidate who meets certain criteria
Assistant Arbitration Manager
Job responsibilities:
- Assistance to the arbitration manager in conducting bankruptcy procedures for organizations/individuals. persons
- Control of receiving requests.
- Maintaining a calendar of court hearings.
- Drawing up a register of creditors.
- Preparation of a package of documents for the meeting of creditors (magazine, register, notices, rent of premises);
- Distribution of correspondence to groups according to the project. Archiving of documentation.
- Participation in inventories (site visits are possible).
- Preparation and submission of a given set of documents to the court.
- Preparation of sets of procedural documents.
- Independent preparation of requests and notifications.
Requirements:
- Higher education, possibly a final year student (economics, law - welcome!).
- Knowledge of Federal Law No. 127 “On Insolvency (Bankruptcy).”
- Basic knowledge of Word and Excel.
- Ability to use the Internet (search for information, make selections).
- Communication skills, pedantry.
- Experience in bankruptcy for at least 6 months.
- Desire to develop in the field of bankruptcy, learning ability.
Conditions:
- Modern office within walking distance from Sportivnaya metro station. There is also a free transfer from the Sportivnaya metro station and the Kyiv metro station.
- Salary - based on interview results.
- Working hours: 10:00 a.m. to 7:00 p.m. Monday-Friday.
- Short business trips around Russia are possible.
- Full time work
- On the employer's premises
Address: metro station Sportivnaya, B. Savvinsky lane, 12 +7 (495) 7874425 ext. 2773, +7 (925) 1682144
Why is it worth working with us?
You will forget about debts immediately after signing the contract. We start working immediately. You will find out the cost of services, including payment of state fees, during the consultation. You can use installment payment.
The price for filing bankruptcy is fixed and does not depend on the complexity and time spent by us. You will pay only the amount that we specified in the contract and not a penny more.
Our experience in this area of providing assistance to the population guarantees professional completion of the task.
You save time and nerves due to the fact that all our specialists know their business well and the involvement of third parties is not required - everything is decided by our arbitration managers and lawyers.
There is no need to stand in queues. We go through all the authorities for you.
