Dmitry Yakushev spoke at the conference “Secondary Criminal Liability of Managers and Owners 2021”. Dmitry’s topic was secondary liability of managers of credits institutions (banks). The need to dwell on the subject comes from the RF Central Bank’s recent practices of withdrawing licenses from inefficient commercial banks. In most cases, revocation of a bank’s license and appointment of a temporary administrator lead to initiation of bankruptcy proceedings and attempts are made to impose secondary liability on former top managers of the bank.
Dmitry pointed out that most frequently defendants in such proceedings are members of the management board or board of directors or supervisory board or credit committee. The main objective of the Deposit Insurance Agency in such cases is to identify and hold liable beneficiaries and shareholders of banks, who are not infrequently charged with pulling out depositors’ money and causing bankruptcy to the bank.
Dmitry also provided a brief overview of the Federal Law of February 24, 2021, No. 23-F, which substantially tightens liability of beneficiaries and managers of banks. Legal novelties introduced by the Law include: broader powers of the RF Central Bank to identify persons controlling a credit organization and include them on relevant lists; RF Central Bank’s right to submit a petition for imposition of secondary liability; RF Central Bank’s right to request in court that property of a bank’s managers be attached, as a preliminary relief, pending filing a claim.