Corporate liability of controlling persons in the course of rehabilitation of credit organizations

Objective. To identify the legal nature of the termination of the bank’s obligations to the controlling persons and the loss by the controlling persons of their corporate control as measures of corporate responsibility on the basis of analyzing legislation and scientific works on similar topics. The author’s conclusions are based on the works of such scholars as Lomakin D., Gentovt O., Spirina T. A., Guznov A. G. Conclusions. A gap in the legislation has been identified, as there is an absence of a legal mechanism to recover funds in the framework of the termination of bank obligations to the controlling persons. The study also revealed a common feature of the two measures of responsibility that are being analyzed - they are addressed directly to the controlling person, ignoring the corporate form of the legal entity and its inherent limited liability. The aforementioned characteristic is similar to the legal doctrine of «lifting the corporate veil», which consists of addressing the claims directly to the owners of the company. The conclusion is made that the measures of responsibility of controlling persons are not to be considered torts in nature. It was found that the termination of the bank's obligations to the controlling persons, as well as the of corporate control loss by corporate entities, are special measures of non-tort penetrating corporate liability. Practical value. The results of the study can become the basis for further research both in relation to each type of responsibility, and their place in Russian law. The need to fill the aforementioned gap in the legislation was also noted.

bankruptcy, corporate liability, reorganization, credit organization, subsidiary liability, «lifting of corporate veil»