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KK&P Defends RBC PJSC from "Unreasonable Subsidiary Liability"

KK&P Defends RBC PJSC from "Unreasonable Subsidiary Liability"

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A team from Moscow's Kulkov, Kolotilov and Partners has successfully assisted RBC PJSC avoid what it calls "unjustified subsidiary responsibility" in a bankruptcy case in the Moscow Arbitration Court.

According to the firm, the Court "agreed with the position of RBC PJSC that the plaintiff did not bear the burden on any of the elements of the subject of proof; correctly applied the 'old' version of Art. 10 of the Bankruptcy Law (as the plaintiff tried to impute the Respondent with actions allegedly committed prior to the introduction of Chapter III.2 of the Bankruptcy Law), despite the claimant’s submission after July 1, 2017; [and] recognized the arguments of the claimant to transfer the business (RBK Money payment system) from the debtor (formerly a subsidiary of PJSC RBC) to another former subsidiary of PJSC RBC."

The KK&P consisted of Partner Nikolay Pokryshkin and Senior Lawyer Artyom Antonov.