RESOLUTION OF THE PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of February 15, 2013 No. 16

About modification and amendments in Resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation of December 20, 2006 No. 67 "About some questions of practice of application of provisions of the legislation on bankruptcy of the absent debtors and the termination of invalid legal entities" and of December 17, 2009 No. 91 "About procedure for repayment of expenses on the case of bankruptcy"

Due to the questions Plenum of the Supreme Arbitration Court of the Russian Federation arising in court practice, being guided by article 13 of the Federal constitutional Law from 28.04.1995 N 1-FKZ "About Arbitration Courts in the Russian Federation", decides to bring in resolutions of the Plenum of the Supreme Arbitration Court of the Russian Federation of 20.12.2006 N 67 "About some questions of practice of application of provisions of the legislation on bankruptcy of the absent debtors and the termination of invalid legal entities" and of 17.12.2009 N 91 "About procedure for repayment of expenses on the case of bankruptcy" the following changes and amendments.

1. In the resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation of 20.12.2006 N 67 "About some questions of practice of application of provisions of the legislation on bankruptcy of the absent debtors and the termination of invalid legal entities":

a) in item 4:

third to add the paragraph with new offers of the following content: "In relation to subsidiary responsibility the authorized body shall prove both availability of the bases, and real possibility of involvement of particular persons (sole executive body, the members of collegiate organs of management and other persons specified in Articles 9, 10 Bankrupcy laws) to such responsibility. In this case the statement shall be adopted by Arbitration Court.";

add with the new paragraph the fourth the following content:

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