Kommersant newspaper bankruptcy find bankruptcy announcement

Why do you need to file a bankruptcy notice in a newspaper?

As part of bankruptcy proceedings, as one of the methods for determining the insolvency of a legal entity and satisfying the claims of creditors, the debtor is declared bankrupt. Existing property is sold to cover debt. The company is subject to liquidation if there is a shortage of proceeds, and the remaining debt is written off.

According to the current legislation, information is subject to mandatory disclosure that:

• the observation method is applied to a legal entity;
• the debtor is declared bankrupt and bankruptcy proceedings are opened;
• any of the procedures accepted at the insolvency institution is introduced (in the case where there are more than 100 creditors or their exact number cannot be determined due to the nature of the activity of the debtor).

The Government of the Russian Federation determines the official publication in which all information related to the competitive process will be published. The authority also establishes:

• circulation of the publication;
• the period during which information will be published in the newspaper;
• the cost of placement and the procedure for its financing;

Information may also be posted in electronic media (by decision of the Government of the Russian Federation) or in other media (according to the results of the meeting of creditors).

As a rule, the costs of publishing information are covered directly by the bankrupt company. There are a few exceptions to the rule:

• at a meeting of creditors a decision was made on a different source;
• in the absence of sufficient property, payment is made at the expense of the person who applied to declare the debtor insolvent.

Why is it necessary to publish advertisements?

As mentioned above, the publication of bankruptcy is one of the stages of the entire process as a whole. The announcement of insolvency through authorized media has the following goal: informing creditors and other persons about the start of bankruptcy proceedings, as well as about other stages of the process. This action is extremely important in that it makes it possible for credit institutions to submit an application for their own claims to the arbitration court in order to collect debt from a person declared bankrupt. After the announcement is published, financial claims are processed within the period established by law.

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In addition, during this period, debtors are notified of the need to take measures to settle debts as quickly as possible. The funds received are used to pay off arrears of wages for employees, used for tax payments and distributed among creditors.

Thus, we can say that the publication stage is extremely important in the bankruptcy process, since it plays one of the key roles. Therefore, it is fundamentally important to publish in a timely manner.

The legislative framework

The Russian regulatory framework regarding bankruptcy consists of an extensive system of regulations at various levels: from codes and laws to government regulations. All these are normative acts exclusively of federal authorities. The most important thing in this topic is the Federal Law “On Insolvency (Bankruptcy)” dated October 26, 2002. This law fully regulates the field of bankruptcy: it defines the conditions for declaring a person bankrupt, regulates the rights and obligations of debtors and creditors, establishes a system of rules, requirements and conditions for carrying out various procedures of the entire process as a whole, and more. Also, the legal norms regulating the field of bankruptcy are presented:

• in the Civil Code of the Russian Federation;
• in the Criminal Code of the Russian Federation (for example, the Criminal Code of the Russian Federation establishes criminal liability for deliberate, fictitious bankruptcy);
• in various government decrees and orders (as an example, the above-mentioned Government Order dated July 21, 2008 on the appointment of the Kommersant newspaper as the official media outlet in which bankruptcy publications are carried out).

It is worth noting that the Kommersant newspaper also has a card index with which you can search for various data that are subject to public disclosure in accordance with the legislation of the Russian Federation

Procedure for filing an application for bankruptcy publication: basic information

The current legislation determines that the application for publication of insolvency must include the following information about the enterprise:

• official name;
• address, according to registration data;
• the main registration number received upon entry into the state register;
• individual tax number;
• insurance account number.

The message must also contain the following information:

• full information about the court in which the proceedings are taking place;
• the date of each meeting until the final decision is made;
• the date when the statement of claim was accepted for execution;
• case number;
• information about the self-regulatory organization.

Kommersant - insolvency announcements

1. The first in our algorithm for declaring an organization bankrupt is the fairly elementary stage of “Observation” . The period for this stage is quite long, about seven months. And during these months, the main thing is to keep all the property of the company (debtor) in the best possible condition. What is it for? - you ask. The answer is simple, constant monitoring is needed so that ultimately it is possible to determine the financial condition of the enterprise and at least to some extent satisfy the creditor by paying part of the debts. This is one goal, but there is a second one. Its meaning lies in the same observation only with the aim of identifying whether it is possible in the near future to increase the solvency of the company (whether the company’s assets will be able to cover receivables). There are tasks in another direction; during these seven months, a register of creditors’ claims is compiled.
2. Next, there are three branches at once: external management, bankruptcy proceedings and financial recovery , and this is what we will talk about. When applying this option, production goes on as usual and only the founders are limited in their options, for example, reorganization is strictly prohibited, transactions are carried out only after the board of creditors has authorized any unplanned action. Perhaps the most significant disadvantage is that if this stage is introduced by the court, an exact plan for repaying the debt is drawn up.
3. Along with financial recovery, external management . It is in this option that management positions (as well as those who manage the debtor) are instantly removed, after which the entire company is supervised by an external manager. But it establishes a policy that creditors say, however, even this has its advantages, the debtor is given a deferment to repay the debt.
4. The final stage is bankruptcy proceedings . It is introduced exclusively as a last resort, the period fluctuates at sixteen months. The entire procedure is carried out by the bankruptcy trustee. This stage was created only to satisfy creditors through the full opening of bidding. After these actions, all debts are repaid.

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Quite a long time ago (2008), the sensational publication received the right to shed light on events such as bankruptcy. And to be more precise, we signed an order of the Criminal Code of the Russian Federation, which is fully consistent with the Law “On Insolvency”; this action took place in one of the specialized bodies.

Methods and deadlines for filing a bankruptcy notice in the Kommersant newspaper

According to the information posted on the publisher's website, an application for publication of a message can be accepted by fax or electronically. In addition, in a number of cities of the Russian Federation there are offices authorized to accept applications.

Kommersant also offers a special program, after downloading which the user has the opportunity to officially publish all information related to the recognition of the insolvency of a legal entity.

All messages about bankruptcy are published in issues of the publication, published exclusively on Saturdays. After three days, the service will be paid for, the funds will be credited to the publisher’s account, all information appears in a special section of the newspaper’s website “Insolvency Announcements” and is available to subscribers of the electronic version.

Based on the norms established by law, the publishing house publishes advertisements no later than 10 days from the date of receipt of the application. A prerequisite is that payment must be made three days before the release of the issue.

In order for your application to be accepted, you must provide the following package of documents:

• scanned application certified by the customer’s signature;
• original application;
• judicial act (copy) according to which the arbitration manager received his powers;
• a document (copy) that confirms the information for publication;
• contract of assignment (customer – Organizer of the auction).

Bankruptcy announcements in Kommersant - how to submit information

Special attention should be paid to a personal visit, because bankruptcy in this case will be published much faster, and all formalities will be resolved with greater speed and accuracy. Experienced specialists will advise you on all the features of filing and will take the due commission on the spot.

1. Conducting bankruptcy proceedings . The person is given ten days to submit this notice.
2. The court's decision . Termination of a legal entity and its closure will require a considerable formal basis, so management has two months to prepare.

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Cost of submitting an advertisement

By current legislation, the publication of messages is classified as a paid service. The procedure for collecting fees and its amount are determined by the Order of the Ministry of Economic Development dated July 12, 2010. Publication of official information according to this document will cost 150 rubles per cm2. The VAT amount has already been taken into account. It should also be remembered that the given figure is subject to annual indexation.

The Kommersant newspaper website contains information about the indexation. Starting from February 7, 2020, the cost of posting an ad is 177 rubles 29 kopecks per cm2. Value added tax of 18% is already included.

Responsibility for concealing information

The laws of the Russian Federation provide for administrative and criminal liability for unlawful actions in the bankruptcy process. Such illegal actions include incorrect use of information about insolvency (publication of information about a person before he is declared bankrupt in court). The Criminal Code of the Russian Federation provides for sanctions for concealing property, information about it (size, location), transferring property to other persons, for falsification, destruction of documents and other illegal actions.

Kommersant newspaper is not responsible for posting false data

Applications for the publication of notices about certain procedures related to bankruptcy

The surveillance notification must include:

1. name (name), INN, OGRN of the insolvent enterprise;
2. actual location;
3. the name of the court that made the decision on observation, the date of the decision;
4. number assigned to the case;
5. information about the manager (name and address);
6. name and address of the organization providing the manager.

The notice of the meeting of creditors must contain:

1. name (name), INN, OGRN of the insolvent enterprise;
2. location address;
3. the place and time appointed for the meeting;
4. procedure for registration of participants and agenda.

The notice of bankruptcy proceedings must contain:

1. full name (name), INN, OGRN and address of the debtor;
2. name of the court dealing with the case, case number;
3. the date of the decision that the enterprise is considered bankrupt;
4. the date when the creditor register case is closed;
5. Full name and address of the manager, information about the organization that sent him.

The notice of sale of property must contain:

1. data on the characteristics of the property being sold, the procedure for familiarization with it;
2. data on the form adopted for the auction;
3. data on the form and conditions of the competition;
4. methods for submitting price proposals and applications for participation;
5. the initial cost of the entire enterprise or individual units of property, the amount of deposits;
6. “step”, the criteria by which the winner will be determined;
7. time and place of summing up, rules for drawing up sales and purchase agreements;
8. account details, payment deadlines;
9. Full name and address of the auction organizer.

After 15 days, the organizer is obliged to publish a notification about the results of the auction on the Kommersant website. If the auction is recognized as successful, the winner, his claims against the debtor or manager, and the proposed price are indicated. If the auction is declared invalid, the manager must organize a re-tender.

The notice of termination of insolvency proceedings contains:

1. data on the restoration of solvency as a result of external management, financial recovery;
2. a copy of the pestilence agreement;
3. documents confirming that all requirements are satisfied;
4. documents indicating the absence of creditor claims.

The deadline for submitting applications depends on the type of publication. The notice of observation is published at the discretion of the administrator, but the deadlines must be observed; the notification of bankruptcy proceedings must be published by the administrator 10 days after the declaration of insolvency. A notice of termination of a bankruptcy case is published in the journal “Bulletin of State Registration” within 2 months after the decision is made.