A company was declared bankrupt on the basis of an application filed by a creditor whose debts had not been repaid. At the same time, the former director of the debtor company was noticed in evading the transfer of inventories and documents relating to the activities of the company to the receiver in bankruptcy. As a result, the latter had questions and made requests to the government authorities and banks for information about director's activities.
The analysis of bank statements from the current accounts of the debtor company revealed a large number of questionable payment transactions made by the former director.
The receiver in bankruptcy filed a lawsuit seeking to recover damages from the former director.
Under what conditions can damages be recovered from the former director?
In the course of the proceedings, JurInvest specialists established that the former director had made two groups of payments:
- payments from the corporate bank card linked to the company’s current account which were not related to the company's activities (payments in restaurants, grocery stores, clothing stores, payments for entertainments, leisure activities, etc.);
- payments from the company’s current account made to the former director’s account which were not related to the payment of his salary (transfers with no indication of the details of payment, and amounts paid on account).
Eventually, the court of first instance allowed the receiver's petition to hold the former director of the debtor company liable.
The former director elected to appeal against that award in the Court of Appeal. However, the court of appeal confirmed that the damages were awarded legitimately and dismissed the appeal.
More than RUB 6 mln were collected to include in the bankruptcy estate.
A consumer bought a commercial grade cargo van from a car dealership. When a malfunction occurred in the car, as part of the warranty repair the car owner decided to withdraw from the sales contract. Despite the fact that the car was repaired, the consumer decided to get refund.
The car dealership rejected the buyer's claims since the buyer had no grounds for terminating the contract: the car was repaired and was serviceable.
The car owner disagreed with the dealer's answer and filed a lawsuit with a court at his place of residence. The amount of claims, if satisfied, would have reached about RUB 3 mln rubles, including a penalty and fine under the Law "On the Protection of Consumer Rights".
Every company is obliged to have a trade name. It is not only an obligatory attribute required for its existence, but also a brand identity, to which the company acquires the exclusive right.
Read this article to find out what a trade name should be like, whether there are any restrictions on its content and whether an company is entitled to protection of its “business name”.