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ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of December 27, 2004 No. 855

About approval of Provisional rules of check by the arbitration manager of availability of signs of dummy and deliberate bankruptcy

According to the Federal Law "About Insolvency (Bankruptcy)" Government of the Russian Federation decides:

Approve the enclosed Provisional rules of check by the arbitration manager of availability of signs of dummy and deliberate bankruptcy.

 

Prime Minister

Russian Federation M. Fradkov

Approved by the order of the Government of the Russian Federation of December 27, 2004 No. 855

Provisional rules of check by the arbitration manager of availability of signs of dummy and deliberate bankruptcy

I. General provisions

1. These Provisional rules determine procedure for carrying out signs of dummy and deliberate bankruptcy by the arbitration manager of verification of presence (further - check).

2. When conducting check by the arbitration manager for the period at least 2 years preceding initiation of proceeedings about bankruptcy, and also for the period carrying out insolvency proceedings (further - the researched period) are researched:

a) constituent documents of the debtor;

b) accounting records of the debtor;

c) agreements based on which alienation or property acquisition of the debtor, change of structure of assets, increase or reduction of accounts payable, and other documents on financial and economic activities of the debtor was made;

d) the documents containing the information about structure of governing bodies of the debtor, and also about persons having the right to give instructions, obligatory for the debtor, or opportunity otherwise to determine its actions;

e) the list of property of the debtor for date of filing of application about recognition of the debtor by insolvent (bankrupt), and also the list of property of the debtor acquired or alienated during the researched period;

e) the list of debtors (except for the organizations which size of debt constitutes less than 5 percent of receivables) with indication of receivables size on each debtor for date of filing of application about recognition of the debtor by insolvent (bankrupt);

g) the certificate of debt to budgets of all levels and off-budget funds with indication of separately sizes of the main debt, penalties, penalty fee and other financial (economic) sanctions for date of filing of application about recognition of the debtor by insolvent (bankrupt) and on the last reporting date preceding date of check;

h) the list of creditors of the debtor (except for creditors, the size of debt to which constitutes less than 5 percent of accounts payable) with indication of the size of the main debt, penalties, penalty fee and other financial (economic) sanctions for inadequate accomplishment of obligations on each creditor and the term of approach of their execution for date of filing of application about recognition of the debtor by insolvent (bankrupt), and also for the period lasting at least 2 years before date of filing of application about recognition of the debtor by insolvent (bankrupt);

i) reports on business valuation, property of the debtor, audit opinions, protocols, conclusions and reports of audit committee, protocols of governing bodies of the debtor;

j) information about affiliates of the debtor;

k) materials of legal procedures of the debtor;

l) materials of tax audits of the debtor;

m) other accounting documents, regulatory legal acts regulating activities of the debtor.

3. Documents, necessary for conducting check, are requested by the arbitration manager from creditors, the head of the debtor, other persons.

4. In case of absence at the debtor of documents, necessary for conducting check, the arbitration manager shall request properly verified copies of such documents from the state bodies having the relevant information.

II. Procedure for determination of signs of deliberate bankruptcy

5. Signs of deliberate bankruptcy come to light as during the period preceding initiation of proceedings about bankruptcy and during insolvency proceedings.

6. Identification of signs of deliberate bankruptcy is performed in 2 stages.

At the first stage the analysis of values and dynamics of the coefficients characterizing solvency of the debtor, calculated for the researched period according to the rules of carrying out financial analysis by the arbitration manager approved by the Government of the Russian Federation is carried out.

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