debtor organization cannot meet its obligations, then the persons exercising
control over the company may bear subsidiary responsibility.
of subsidiary liability is the amount of creditors’ claims.
controlling the debtor organization is considered to be a legal entity or an
individual who has the right to determine the actions of the debtor, also
conclude transactions and determine their terms.
controlling the debtor may be recognized as the head, chief accountant, any
other person who can dispose of more than 50% of the organization’s share.
may recognize as controlling any other person who influenced the
decision-making. This may be an actual manager or owner who has put a nominal
CEO or owner in his place.
controlling the debtor company bears subsidiary responsibility for the
company’s debts if it is not proved that this person did not influence the
subsidiary liability of this person may be reduced by the court if the amount
of damage caused by him is less than the amount of creditors’ claims.
person controlling the debtor proves that there is no fault in his inability to
repay the debt, then he is not subject to subsidiary liability.