Article 73. Consideration of Application for Bringing To Subsidiary Liability

An application for bringing to subsidiary liability shall be considered by the court in accordance with the procedure established by this Chapter.

The court may refuse to bring to subsidiary liability if it is established that there is insufficient information that the person indicated in the application is the manager of debtor's affairs.

In case of initiation of a case on the insolvency of a person subject to subsidiary liability, the issue of bringing this person to liability shall be considered within the framework of the insolvency case.

When considering an application for bringing to subsidiary liability on the grounds provided for in Article 70 of this Law, it is impossible to determine the amount of subsidiary liability, the court shall issue a ruling to suspend consideration of the application until all the evidence necessary for bringing to subsidiary liability has been established and settlements with the creditor have been completed. The said ruling may be appealed (protested).

If the court, when considering an application, issues a ruling on securing a claim, measures to secure the claim shall be also in effect during the period of suspension of consideration of this application.

If, after the completion of settlements with creditors, unpaid claims of creditors remain due to the insufficiency of the debtor's property, the liquidation manager shall apply to the court to reopen the case on bringing to subsidiary liability, with attaching a report on the results of the liquidation proceedings and a decision of the meeting of creditors on the amount of unreimbursed creditors' claims.

The issue of determining the amount of subsidiary liability and the liquidation manager's report on the results of the liquidation proceedings shall be considered by the court.