The status quo

[otdolgov]

Debt collection from legal entities and entrepreneurs should begin with a ban on registering actions to change data in a single state register of legal entities and entrepreneurs.

The absence of such a document allows the debtor to delay and complicate the collection, change the legal address, replace the responsible persons with denominations, and start a reorganization and liquidation procedure.

In our opinion, when submitting a statement of claim, it is necessary to convince the court to take this interim measure, and definitely with respect to debtors, whose responsible persons have already been noticed in such "drains".

 

[Матушкин Андрей Николаевич]

Thanks for working on the Forum.

 

[Андрей Захаров]

It seems that this interim measure is to be applied (in relation to legal entities) only if there are assets that can be levied .... And for this, when preparing a statement of claim, it is necessary to thoroughly check the debtor's property status .... In practice (by at least for us) there are much more legal entities that are potential "debtors" and do not have good assets (usually only authorized capital of 10,000 rubles is available) .... And therefore, it is necessary to more thoroughly approach the issue of concluding any agreements with similar persons, to conduct preliminary checks of the alleged "partners", which will help to avoid additional costs for the courts, etc. .... And such a security measure in relation to an individual entrepreneur in principle does not make sense, because. An individual entrepreneur is still liable for his debt obligations with all his property owned by him .... (this is a personal opinion, not imposed on anyone) .....