ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 27, 2004 No. 855

About approval of Provisional rules of check by the arbitration manager of availability of signs of dummy and deliberate bankruptcy

According to the Federal Law "About Insolvency (Bankruptcy)" Government of the Russian Federation decides:

Approve the enclosed Provisional rules of check by the arbitration manager of availability of signs of dummy and deliberate bankruptcy.

Approved by the order of the Government of the Russian Federation of December 27, 2004 No. 855

Provisional rules of check by the arbitration manager of availability of signs of dummy and deliberate bankruptcy

I. General provisions

1. These Provisional rules determine procedure for carrying out signs of dummy and deliberate bankruptcy by the arbitration manager of verification of presence (further - check).

2. When conducting check by the arbitration manager for the period at least 2 years preceding initiation of proceeedings about bankruptcy, and also for the period carrying out insolvency proceedings (further - the researched period) are researched:

a) constituent documents of the debtor;

b) accounting records of the debtor;

c) agreements based on which alienation or property acquisition of the debtor, change of structure of assets, increase or reduction of accounts payable, and other documents on financial and economic activities of the debtor was made;

d) the documents containing the information about structure of governing bodies of the debtor, and also about persons having the right to give instructions, obligatory for the debtor, or opportunity otherwise to determine its actions;

e) the list of property of the debtor for date of filing of application about recognition of the debtor by insolvent (bankrupt), and also the list of property of the debtor acquired or alienated during the researched period;

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