The team of EDAS Law Bureau, led by Evgeny Branetsky, a bankruptcy practice partner, defended the ruling of the Moscow Arbitration Court that had previously denied the claim for subsidiary liability of the persons controlling the debtor. This ruling was made in the context of the bankruptcy case of MEZhTRASTBANK. In this dispute, the lawyers of the Bureau represented one of the members of the Bank’s Board of Directors.

Deposit Insurance Agency accused the members of the Bank’s Board of Directors of inaction and self-elimination during their tenure as members of the Board. However, our client categorically denied not only his participation in the Bank’s Board of Directors meeting but also the fact of his election as a member of the Bank’s Board of Directors, despite the presence of his name in the minutes of the Bank’s Board of Directors meetings.

The courts determined that the internal rules of the Bank were not followed during the decision-making process of the Board of Directors. This allows us to conclude that such decisions were made without actual meetings or votes, which does not indicate inaction or self-absorption by the members of the Bank’s Board of Directors.