CRITERIA FOR INVOLVING LEGAL COUNSELS IN SUBSIDIARY RESPONSIBILITY

The wave of rising refinancing rates leads to an increase in the debt burden and the risk of insolvency for most business entities that use credit products from financial institutions. The annual increase in bankruptcy cases, which is confirmed by statistical data on the activities of arbitration courts, also leads to an increase in related disputes regarding the liability of individuals who control the debtor. Since the list of such individuals is not legally limited, the chief accountant and lawyer may also be at risk, in addition to the participants, managers and beneficiaries. This article discusses the grounds for bringing legal advisers to subsidiary liability. Based on a thorough analysis of judicial practice, the author formulates criteria for bringing legal advisers to subsidiary liability and identifies the key risks of recognizing a lawyer as a person who controls the debtor’s activities. Based on the analysis of the practice of applying legislation on subsidiary liability, the author develops preventive recommendations that can significantly reduce the likelihood of recovering losses from individuals who provide legal services.