Article 63 of the bankruptcy law. Federal Arbitration Courts of the Russian Federation

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As part of the judicial reform, in accordance with the Federal Constitutional Laws "On the Judicial System of the Russian Federation" and "On Arbitration Courts in the Russian Federation", a unified judicial system. It also includes arbitration courts having federal status.

Arbitration courts are specialized courts for resolving property, commercial disputes between enterprises. They also consider the claims of entrepreneurs for the invalidation of acts government agencies violating their rights and legitimate interests. These are tax, land and other disputes arising from administrative, financial and other legal relations. Arbitration courts consider disputes involving foreign entrepreneurs.

1. From the date of issuance by the arbitration court of the ruling on the introduction of supervision, the following consequences occur:

Claims of creditors for monetary obligations and for payment mandatory payments, with the exception of current payments, may be presented to the debtor only in compliance with the procedure established by this Federal Law for filing claims against the debtor (as amended by federal law dated July 19, 2009 N 195-FZ - Collection of Legislation of the Russian Federation, 2009, N 29, art. 3632);

At the request of the creditor, proceedings on cases related to the recovery from the debtor are suspended. Money. In this case, the creditor has the right to present his claims against the debtor in the manner established by this Federal Law;

Execution is suspended executive documents By property penalties, including the removal of arrests on the debtor's property and other restrictions regarding the disposal of the debtor's property, imposed during enforcement proceedings a, with the exception of executive documents issued on the basis of those that entered into force before the date of the introduction of supervision of judicial acts on the collection of debts for wages, payment of remuneration to authors of the results of intellectual activity, on the recovery of property from someone else's illegal possession, on compensation for harm caused to life or health, on payment of compensation in excess of compensation for harm and on compensation moral damage. The basis for the suspension of the execution of executive documents is the ruling of the arbitration court on the introduction of supervision (as amended by Federal Law of December 18, 2006 N 231-FZ - Collection of Legislation of the Russian Federation, 2006, N 52, Article 5497; Federal Law of November 28, 2011 N 337-FZ - Collection of Legislation of the Russian Federation, 2011, N 49, item 7015);

Satisfaction of the requirements of the founder is not allowed

(participant) of the debtor on the allocation of a share (share) in the property of the debtor in connection with the withdrawal from its founders (participants), the redemption or acquisition by the debtor of outstanding shares or the payment of the actual value of the share (share) (as amended by the Federal Law of December 30, 2008 . N 296-FZ - Collection of Legislation of the Russian Federation, 2009, N 1, item 4);

(Paragraph six has become invalid on the basis of the Federal Law of December 30, 2008 N 296-FZ - Collection of Legislation of the Russian Federation, 2009, N 1, Art. 4)

It is not allowed to terminate the debtor's monetary obligations by offsetting a homogeneous counter claim if this violates the order of satisfaction of creditors' claims established by Clause 4 of Article 134 of this Federal Law. With regard to obligations arising from financial contracts, the amount of which is determined in the manner provided for in Article 4-1 of this Federal Law, this prohibition applies only to the termination of the debtor's net obligations

(As amended by the Federal Law of February 7, 2011 N 8-FZ - Collection of Legislation of the Russian Federation, 2011, N 7, Art. 905);

It is not allowed for the owner of the property of the debtor - a unitary enterprise to seize the property belonging to the debtor (the paragraph was introduced by Federal Law of December 30, 2008 N 296-FZ - Collection of Legislation of the Russian Federation, 2009, N 1, Article 4);

It is not allowed to pay dividends, income on shares (shares), as well as the distribution of profits between the founders (participants) of the debtor (the paragraph was introduced by Federal Law of December 30, 2008 N 296-FZ - Collection of Legislation of the Russian Federation, 2009, N 1, art. 4).

2. In order to ensure the occurrence of the provisions of paragraph 1 this article consequences, the ruling of the arbitration court on the introduction of supervision shall be sent by the arbitration court to credit organizations with which the debtor has concluded a bank account agreement, as well as to the court general jurisdiction, main bailiff at the location of the debtor and its branches and representative offices, to the authorized bodies.

3. For participation in a bankruptcy case, the deadline for fulfilling obligations that arose before the acceptance by the arbitration court of an application for declaring the debtor bankrupt is considered to have come. Creditors have the right to file claims against the debtor in the manner prescribed by this Federal Law (clause 3 was introduced by Federal Law No. 296-FZ of December 30, 2008 - Collection of Legislation of the Russian Federation, 2009, No. 1, Article 4).

1. From the date of issuance by the arbitration court of the ruling on the introduction of supervision, the following consequences occur:

claims of creditors for monetary obligations and for the payment of mandatory payments, with the exception of current payments, may be presented to the debtor only in compliance with the procedure established by this Federal Law for filing claims against the debtor;

at the request of the creditor, proceedings on cases related to the recovery of funds from the debtor are suspended. In this case, the creditor has the right to present his claims against the debtor in the manner established by this Federal Law;

execution of enforcement documents on property recovery is suspended, including arrests on the debtor's property and other restrictions regarding the disposal of the debtor's property imposed in the course of enforcement proceedings, with the exception of enforcement documents issued on the basis of those that entered into force before the date of the introduction of supervision of judicial acts on collection of wage arrears, payment of remuneration to authors of the results of intellectual activity, on the recovery of property from someone else's illegal possession, on compensation for harm caused to life or health, on payment of compensation in excess of compensation for harm. The basis for the suspension of the execution of executive documents is the ruling of the arbitration court on the introduction of supervision;

it is not allowed to satisfy the claims of the founder (participant) of the debtor for the allocation of a share (share) in the property of the debtor in connection with the withdrawal from its founders (participants), the redemption or acquisition by the debtor of outstanding shares or the payment of the actual value of the share (share);

paragraph is invalid. - Federal Law of December 30, 2008 N 296-FZ;

it is not allowed to terminate the debtor's monetary obligations by offsetting a homogeneous counter claim, if this violates the order of satisfaction of creditors' claims established by Clause 4 of Article 134 of this Federal Law. When terminating obligations from financial contracts and determining a net obligation in the manner provided for in Article 4.1 of this Federal Law, this prohibition does not apply;

seizure by the owner of the property of the debtor - unitary enterprise of the property belonging to the debtor is not allowed;

it is not allowed to pay dividends, income on shares (shares), as well as distribution of profits between the founders (participants) of the debtor;

penalties (fines, penalties) and other financial sanctions for non-fulfillment or improper performance monetary obligations and obligatory payments, except for current payments.

2. In order to ensure the occurrence of the consequences provided for in paragraph 1 of this article, the arbitration court ruling on the introduction of supervision shall be sent by the arbitration court to credit organizations with which the debtor has a bank account agreement, as well as to the court of general jurisdiction, the chief bailiff at the location of the debtor and his branches and representative offices, to authorized bodies.

3. For participation in a bankruptcy case, the deadline for fulfilling obligations that arose before the acceptance by the arbitration court of an application for declaring the debtor bankrupt is considered to have come. Creditors have the right to present claims against the debtor in accordance with the procedure established by this Federal Law.

4. On the amount of claims of a bankruptcy creditor, an authorized body in the amount established in accordance with Article 4 of this Federal Law as of the date of introduction of supervision, from the date of introduction of supervision until the date of introduction of the next procedure applied in a bankruptcy case, interest is accrued in the amount of the refinancing rate, established by the Central Bank of the Russian Federation as of the date of introduction of supervision.

The indicated interest for the monitoring period shall not be included in the register of creditors' claims and shall not be taken into account when determining the number of votes held by a creditor at meetings of creditors.

If the creditor presents claims against the debtor in the course of financial rehabilitation, external management, bankruptcy proceedings when determining the amount of his claim in accordance with Clause 1 of Article 4 of this Federal Law, the amount of interest is determined as of the date of introduction of supervision.

5. In the event of termination of proceedings in a bankruptcy case on the grounds provided for in Paragraph 7 of Clause 1 of Article 57 of this Federal Law (including as a result of repayment by the debtor of all creditors' claims included in the register of creditors' claims in the course of monitoring or repayment of such claims in the course of any procedure applied in a bankruptcy case by a third party in the manner prescribed by Article 113 or 125 of this Federal Law), the creditor has the right to present to the debtor a claim for the recovery of the remaining interest in the amount of the refinancing rate established by the Central Bank of the Russian Federation as of the date of introduction of supervision, which were charged for the period of carrying out the procedures applied in a bankruptcy case, in accordance with the rules of this Federal Law, in the manner established by the procedural legislation.

6. If, when considering a bankruptcy case, the court, in the course of any procedure applied in a bankruptcy case, establishes that the debtor or creditor, who is an interested person, filed an application for declaring the debtor bankrupt and at the same time said persons knew that the debtor is solvent and pursues the goal of unreasonably obtaining unlawful benefits from the introduction of bankruptcy proceedings, the court has the right to terminate the bankruptcy proceedings, provided that the debtor continues to remain solvent by that time and this is in the interests of the creditor.

In such a case, the debtor is obliged to pay interest accrued under the terms of the obligation for the period of the procedures applied in the bankruptcy case. If these circumstances are established by the court when terminating bankruptcy proceedings on a different basis, the court is also entitled to indicate in the ruling on such termination that the debtor is obliged to pay for the period of the procedures applied in the bankruptcy case the interest accrued under the terms of the obligation.

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The observation procedure precedes the start of the recognition process financial insolvency debtor company. If the court decides to introduce a monitoring procedure into the relation of the legal entity, then the consequences for it come under Art. 63 127-FZ.

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Structure and content of article 67 127-FZ

Surveillance is a procedure that is applied to the debtor company to ensure the safety of property, conduct financial analysis, preparing a register of creditors' claims and holding the first meeting. This stage is necessary to enable the company to withdraw from and prevent the withdrawal of assets that could become part of the bankruptcy estate.

Supervision does not imply the removal of the director of the company from management. But he is limited in his freedom of action: he is under the supervision of the manager. Thus, the head, with the consent, is authorized to receive and issue loans, transfer the rights of claim, act as a guarantor or guarantor, dispose of property (with a book value of not more than 10% of the total assets), transfer property on lease or pledge. But if transactions are made without the consent of the interim manager, then they may be declared invalid.

Observation may be introduced in relation to the debtor if the court considers it justified to declare the company bankrupt. Consequences of issuance court ruling on the introduction of supervision are spelled out in Art. 63 127-FZ. This article designed to resolve all problematic issues related to the introduction of surveillance.

In Art. 63 127-FZ, in addition to determining the range of consequences based on the results of the introduction of the observation stage:

organizations and structures are listed, in which notifications from the interim manager about the introduction of the listed stage should be transmitted;
the procedure for determining the deadlines for execution is given individual obligations;
actions of creditors are determined when the proceedings are terminated;
reasons for closing the case(declaration of bankruptcy while actually maintaining the solvency of the company).

This article was last updated in 2014.

Consequences after the court ruling on the introduction of surveillance

The introduction of the observation stage is possible only in judicial order. Prior to this, the arbitration court checks whether there are grounds for initiating bankruptcy proceedings and appoints an interim manager if it considers the application received justified.

From the date of issuance of the ruling on the introduction of supervision, the following consequences occur. After the introduction of the monitoring procedure, creditors have the right to demand the fulfillment of their monetary obligations only in the manner provided for by 127-FZ.

Literally, this means the following: creditors are deprived of the right to claim their financial claims in individually directly from the legal entity. In order to be able to return the debt, they should have time to include information about it in the register in deadlines.

All requests from creditors for and payment of mandatory payments (except for current ones) are submitted subject to the following rules:

Lenders are required to legal entity on their debt obligations within 30 days after the date of publication of information on the start of the monitoring procedure.
Objections to those received can be submitted to arbitration within 15 calendar days after the deadline for submission has expired.
If there are objections, the arbitral tribunal must check how justified are the financial claims of creditors.
All disputed claims are subject to consideration at a meeting, after which the court issues a ruling.: whether to include them in the registry or not.

The deadlines for fulfillment of debt obligations are considered to have come if they arose before the acceptance by the manager of the application for declaring the company bankrupt.

If legal proceedings are ongoing against the debtor to recover the debt, they should be suspended at the request of the creditor, since the plaintiff has two options:

Wait until the bankruptcy proceedings are terminated.
Submit your claims in a bankruptcy proceeding according to established order.

Practice shows that it is better for the creditor to choose the second option, otherwise there is a high risk that he will be completely left without money.

If the creditor fails to file such a motion to suspend litigation, the court may issue a writ of execution with an appropriate decision. But it will not be executed in the standard order. Such a court decision will allow the creditor to become full participants in the bankruptcy case.

In the case when the claims of creditors do not have a monetary form (for example, a claim is filed for the recovery of property from someone else's possession or claims for enforcement of obligations in kind), they should be filed with the court without taking into account the fact that the debtor is undergoing insolvency proceedings. At the same time, such statements of claim it is not necessary to refer to an arbitration court, jurisdiction is determined taking into account the established requirements.

After the introduction of supervision, the bailiff-executor issues a decision to suspend enforcement proceedings against the debtor company. The exceptions in this case are:

Cases of debt collection for and other debts listed in Art. 63 127-FZ(author's royalties, compensation for harm to life and health, payments in excess of the prescribed compensation).
If performance list was issued before the debtor was subject to supervision.

Based on the results of the observation, the arbitration court may decide to refuse to declare the company bankrupt or to determine the termination of the case. If this happens, then the execution of the executive documents is immediately restored.

Other consequences of the introduction of the monitoring procedure include:

Prevention of satisfaction of the requirements of the founders for the allocation of a share or share in the property due to withdrawal from the list of its founders or the acquisition of outstanding shares and payment of the actual value of the share. In this case, it should be noted that these persons, by law, can leave the company only in the previous year. And settlements with them are carried out on the basis of annual reports. This means that the above prohibition applies to those requirements that were previously declared and have not been fulfilled at the moment. Whereas from the date of the introduction of the supervisory procedure, the founders of the debtor lose the right to make decisions on withdrawal under paragraph 2 of Article 63 127-FZ. The claims of the former founders can only be satisfied if the bankruptcy procedure was terminated ahead of schedule or after all the obligations of the debtor to creditors are repaid based on the results of bankruptcy proceedings (that is, such payments are made last).
The payment of dividends on issue shares, income on shares and the distribution of profits between the founders of the debtor are suspended. In this case, both current payments and the debt that had formed by the time the supervision was introduced are terminated.
Seizure of property by the owner of a unitary enterprise is not allowed.
Accrual of forfeits, fines, penalties ceases and other financial sanctions (with the exception of current payments).
Termination of existing monetary claims through the set-off of counterclaims, bypassing the order of repayment of obligations to creditors in paragraph 4 of Art. 134 127-FZ. It is really possible to observe the established order in practice only if the company has one creditor, which is rare.

Specified in Art. 63 measures are taken to enable the debtor company to mobilize its efforts to restore solvency and to continue operating in the market.

The above implications of the introduction of observation are not exhaustive.

Ensuring by the interim manager of the occurrence of the consequences envisaged by law

In paragraph 2 of Art. 63 127-FZ establishes that in order to ensure the fulfillment of the requirements under paragraph 1, the manager is not only obliged to publish the ruling of the arbitration court on the introduction of surveillance for open review in periodical, but also send it to the following authorities and institutions:

V with which the debtor has signed an agreement on servicing a current account (RKO);
to courts of general jurisdiction;
to the chief bailiff in the FSSP at the location of the debtor, its branches and representative offices;
V authorized authorities (according to Government Decree No. 100 of 2003, such an authority is federal Service on financial recovery and bankruptcy).

The manager should also notify federal and municipal authorities authorities with interests in local budgets.

The banking institution additionally receives an order stating that it is not entitled to conduct operations that are contrary to the provisions of 127-FZ.

Calculation of interest on the amount of the creditor's claims

While the supervisory procedure is being carried out, interest is accrued on the amount of confirmed debt claims by the bankruptcy creditor or the authorized body. The rules for calculating interest are given in paragraph 4 of Art. 63 127-FZ.

They are accrued until the next procedure for recognizing financial insolvency is introduced against the debtor (for example, bankruptcy proceedings). Interest is accrued in the amount of the Central Bank refinancing rate approved as of the date of introduction of supervision(it is fixed and not subject to revision, even if during the specified period the Central Bank revised it up or down).

Interest collection

Accrued interest is not subject to inclusion in the register of claims. Also, they cannot influence the determination of the number of votes reserved for the creditor at the meeting of creditors. The creditor has the right to declare his claims for the collection of interest in the course of next stage bankruptcy or after the termination of the process under paragraph 5 of Art. 63.

Other consequences

In paragraph 6 of Art. 63 127-FZ establishes the consequences for unscrupulous companies that initiated their fictitious bankruptcy and aimed at obtaining financial benefits from the recognition of the company as insolvent.

If the court establishes that the debtor or creditor, who are interested parties, filed an application for bankruptcy of a legal entity that actually remained solvent, then he is threatened. They will also have to pay interest on the resulting debt according to the rules of the law for the entire period of the bankruptcy procedure.

Thus, the introduction of supervision and the introduction of certain restrictive measures make it possible to determine the level of solvency of the company and preserve its property. The consequences of introducing a monitoring procedure at an enterprise during the process of declaring a legal entity insolvent are spelled out in Art. 63 127-FZ. Among these, the impossibility of presenting individual claims from creditors directly to a legal entity, the suspension of the execution of a number of executive documents, a ban on certain operations and payments that do not meet the interests of creditors and the goals of a company that is in difficulty financial position. For the entire period of bankruptcy, the amount of debt to creditors will accrue interest at the refinancing rate effective on the date of introduction of supervision.

seizure by the owner of the property of the debtor - unitary enterprise of the property belonging to the debtor is not allowed;

it is not allowed to pay dividends, income on shares (shares), as well as distribution of profits between the founders (participants) of the debtor;

penalties (fines, penalties) and other financial sanctions for non-fulfillment or improper fulfillment of monetary obligations and obligatory payments are not charged, with the exception of current payments.

3. For participation in a bankruptcy case, the deadline for fulfilling obligations that arose before the acceptance by the arbitration court of an application for declaring the debtor bankrupt is considered to have come. Creditors have the right to present claims against the debtor in accordance with the procedure established by this Federal Law.

4. On the amount of claims of a bankruptcy creditor, an authorized body in the amount established in accordance with Article 4 of this Federal Law as of the date of introduction of supervision, from the date of introduction of supervision until the date of introduction of the next procedure applied in a bankruptcy case, interest is accrued in the amount of the refinancing rate. established by the Central Bank of the Russian Federation as of the date of introduction of supervision.

If the creditor makes claims against the debtor in the course of financial rehabilitation, external administration, bankruptcy proceedings, when determining the amount of his claim in accordance with paragraph 1 of Article 4 of this Federal Law, the amount of interest is determined as of the date of introduction of supervision.

5. In the event of termination of proceedings in a bankruptcy case on the grounds provided for in Paragraph 7 of Clause 1 of Article 57 of this Federal Law (including as a result of repayment by the debtor of all creditors' claims included in the register of creditors' claims in the course of monitoring or repayment of such claims in the course of any procedure applied in a bankruptcy case by a third party in the manner prescribed by Article 113 or this Federal Law), the creditor has the right to present to the debtor a claim for the recovery of the remaining interest in the amount of the refinancing rate established by the Central Bank of the Russian Federation as of the date of introduction of the monitoring carrying out the procedures applied in a bankruptcy case, in accordance with the rules of this Federal Law, in the manner established by the procedural legislation.

6. If, when considering a bankruptcy case, the court, in the course of any procedure applied in a bankruptcy case, establishes that the debtor or the creditor, who is an interested person, filed an application for declaring the debtor bankrupt and, at the same time, these persons knew that the debtor was solvent and pursues the goal of unjustified unlawful receipt of benefits from the introduction of bankruptcy proceedings, the court has the right to terminate the bankruptcy proceedings, provided that the debtor continues to remain solvent by that time and this is in the interests of the creditor.