What awaits the owners of "Transaero”
The Head of bankruptcy practice Sergey Levichev has given the newspaper Kommersant comments on the possibility of Transaero stockholders’ liability for the debts of the air company going bankrupt.
There has not been any official information about the fate of the main stockholders of "Transaero" - the couple Alexander and Olga Pleshakova – since last autumn. According to "Ъ", at the end of October when it became clear that the airline company could not be saved , the owners went abroad and appeared in Russia very rare. According to the interlocutor of "Ъ", one of the main causes are concerns that the government can raise questions about the "serious economic consequences for the creditors and the industry as a whole caused by the air company collapse." As early as in October, the First Deputy Prime Minister Igor Shuvalov recommended "those who were involved in law enforcement activities," to consider the question "how economically feasible the air company’ decisions were " and also "tickets prices." However, there is no information if legal bodies implement this idea or don’t.
In recent years, according to "Ъ", Mr and Mrs Pleshakov were seen in France as well as in Baku, where Council on Aviation & CIS Airspace Use has been placed since the end of 2014, the executive board of which is the Interstate Aviation Committee (IAC). The Chairman of the Interstate Aviation Committee Tatyana Anodina is Alexander Pleshakov’s mother, and earlier she was a minority shareholder of "Transaero". The committee also had problems last autumn. First - immediately after the collapse of "Transaero" – the IAC itself makes a scandal in the industry, withdrawing certificates for operation of all models of Boeing 737, an important element of the park "Transaero", from Russian air companies. This caused a scandal in the government, and in late November, Prime Minister Dmitry Medvedev handed over the key regulatory functions of the Interstate Aviation Committee to Mintrans of Russia, Ministry of Industry and Trade of the Russian Federation and the Federal Air Transport Agency.
But even before that Sberbank initiated bankruptcy of "Transaero". The head of the bankruptcy practice of Pavlova&Partners law firm Sergey Levichev points out that stockholders the company going bankruptcy can be brought to subsidiary, criminal and administrative liability. The lawyer notes that until now the courts have almost never applied this measure. Things began to change only in April 2015 when the ex-senator from Tuva Sergey Pugachev was brought to subsidiary liability for the obligations of Mezhprombank in the amount of 75 billion rubles. According to Mr. Levichev, it is possible to bring stockholders to justice only if it is proved that they have given mandatory instructions to AO or otherwise identified its actions (Olga Pleshakova was the CEO of "Transaero"), and the liability is defined as the sum of uncancelled claims of creditors. It can be reduced if it is proved that there is a clear disparity between the acts committed and the size of the damage.
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