Article 77. Special Considerations with Respect to Conclusion and Approval of Settlement Agreement When Considering Application for Bringing To Subsidiary Liability
On insolvency (LRU-763-son) · Date: 12.04.2022 · In force
When considering an application for bringing to subsidiary liability, a settlement agreement may be concluded.
If a person brought to subsidiary liability provides information about the property, the amount of which is sufficient for the execution of a settlement agreement, this settlement agreement may be approved by the court.
A settlement agreement may be concluded only between the person who filed an application for bringing to subsidiary liability and the person brought to subsidiary liability.
The terms of the settlement agreement (including the provision of compensation, the exchange of claims for shares, stock in the charter fund (authorized capital), bonds or other shares convertible into bonds, or other securities, innovative ideas, etc.) shall be drawn up on the basis of the unanimous approval of the persons who filed applications for subsidiarity.
In case of failure to comply with the terms of the settlement agreement within the prescribed period, the creditor shall have the right to apply for a writ of execution to collect the debt to the court that considered the application for bringing to subsidiary liability.
