If an enterprise cannot successfully carry out its activities, has a large debt on loans, and is unable to pay taxes, then it can be declared bankrupt. This is stated in the Civil Code of the Russian Federation; it also specifies the conditions under which the procedure can be carried out.
It is possible to carry out bankruptcy of a state unitary enterprise.
Bankruptcy of a state unitary enterprise
On the pages of our magazine we have repeatedly raised issues of imperfection legislative framework, inconsistency of the norms of laws relating to various branches of law (civil, land, privatization, bankruptcy legislation, etc.), problems of law enforcement and judicial practice.
One of the most difficult and painful problems is the legal status of unitary enterprises.
State bankruptcy
A state-owned enterprise carries out its activities in accordance with the estimate of income and expenses approved by the owner (similar to a state budgetary institution). This circumstance predetermines a strictly target (and not formal.
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Bankruptcy of SUE (state unitary enterprises)
Practice shows that the activities of state unitary enterprises (SUEs) are not always commercially effective due to a number of external and internal circumstances that can lead to bankruptcy as a result of high debt and a general deplorable condition.
The rules of bankruptcy procedure in Russia, including state unitary enterprises, are established by the Civil Code of the Russian Federation (Article 65), together with other federal legislation regulating the specifics of conducting legal activities in relation to the entity.
The first relevant regulatory act was the Law Russian Federation No. 3929-1 of November 19, 1992 “On the insolvency (bankruptcy) of enterprises”, which became invalid since the entry into force of Law No. 6-FZ of January 8, 1998 “On insolvency (bankruptcy)”.
Bankruptcy of state unitary enterprises: technology, practice and latest trends
As practice shows, the bankruptcy mechanism in relation to state unitary enterprises is used mainly to clear the enterprise of accounts payable or re-register ownership of assets. In the first case, the customer is the state itself, in the second - a potential buyer, that is, the future owner of the enterprise.
A positive aspect when conducting a bankruptcy procedure in the interests of the state is that it is easy to obtain its consent to sell part of the assets or the entire enterprise as a whole (this is required during external administration or bankruptcy proceedings).
Bankruptcy of a Municipal Unitary Enterprise with property
The authorized body (Federal Tax Service of Russia) applied to the Arbitration Court to declare the debtor MUP D. insolvent (bankrupt). The requirement of the Federal Tax Service of Russia was justified by the fact that the debtor has arrears in taxes and fees, the obligation to fulfill payments for current payments has not been fulfilled for more than 3 months and the amount of arrears exceeds 100,000 (one hundred thousand) rubles.
By the ruling of the Arbitration Court, the application of the Federal Tax Service of Russia was satisfied in relation to the debtor MUP D.
Bankruptcy of a unitary enterprise
A selection of the most important documents upon request (regulatory acts, forms, articles, expert consultations and much more).
A Guide to Corporate Litigation. Issues of judicial practice: Liquidation joint stock company By virtue of paragraph 2 of Article 226 Federal Law dated October 26, 2002 N 127-FZ “On Insolvency (Bankruptcy)” (hereinafter referred to as the Bankruptcy Law) the owner of the property of the debtor - a unitary enterprise, the founders (participants) of the debtor, the head of the debtor and the chairman of the liquidation commission (liquidator) who committed a violation of the requirements stipulated paragraphs 2 and 3 of Article 224 of this Federal Law, bear subsidiary liability for unsatisfied claims of creditors for monetary obligations and for the payment of obligatory payments of the debtor.
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Please tell me, during bankruptcy proceedings, the property of the State Unitary Enterprise (OS) is included in the bankruptcy estate; if included, is the consent of the owner of the property necessary for the sale of this property.
According to the act approved by the Ministry of State Property of the Russian Federation on May 20, 1999, the above property was transferred to the State Unitary Enterprise "Gosimpex" for economic management (vol. 3, pp. 1-13) to the extent that it was subsequently transferred to the bankruptcy trustee.
Features of unitary enterprises
Note 1
A municipal unitary enterprise (MUP) is a commercial enterprise that does not have ownership rights to the property assigned to it by the owner. The owner in this case is the municipality (local government) within the framework of the powers established by the acts that determine their status.
Like any entity or a citizen, a municipal unitary enterprise may be considered insolvent and subject to bankruptcy proceedings.
Definition 1
This procedure is applied to the debtor from the date the arbitration court accepted the application for bankruptcy of the enterprise. This stage is carried out in order to ensure the safety of the company’s property. And analyze its financial condition. At the same stage, a register of creditors' claims is compiled and the first meeting is held.
Financial recovery
This stage is carried out with the aim of restoring the debtor’s solvency and making it possible to repay the debt by drawing up a payment schedule.
External control
This bankruptcy procedure is applied to municipal unitary enterprises in order to restore solvency, as well as transfer management powers to an external controller (manager).
Bankruptcy proceedings
At this stage, an analysis is carried out of the possibility of proportionate satisfaction of creditors' claims by selling the property of the debtor enterprise.
Conclusion of a settlement agreement
This procedure can be carried out at any stage of the insolvency determination procedure in order to complete the bankruptcy process by concluding an agreement between the debtor and creditors.
Sooner or later, many legal entities are faced with the accumulation of a huge amount of debt, to cover which there are insufficient material resources and property available to the organization. Depending on the organizational and legal form of an enterprise, the process of bankruptcy occurs in different ways. This article discusses the main aspects of bankruptcy of municipal enterprises.
(ADV44)
Features of municipal enterprises
Before considering the process and features of the bankruptcy procedure that enterprises created by the municipality go through, it is necessary to briefly highlight their features.
- Article 65.1 of the Civil Code of the Russian Federation determines that the founder of a municipal unitary enterprise (municipality) cannot be a participant in the enterprise.
- Article 113 of the Civil Code of the Russian Federation determines that the right to property, which is under the control and use of a municipal unitary enterprise, is assigned to the municipality that organized this municipal unitary enterprise.
Legal provisions
The main issues relating to the creation, operation and liquidation of municipal unitary enterprises are covered in a special law called “On municipal and state unitary enterprises” (Federal Law No. 161 of November 14, 2002). In addition, general issues regarding the procedure for declaring a municipal unitary enterprise insolvent to meet its obligations are covered in Article 65 of the Civil Code. Federal Law No. 127, issued on October 26, 2002 and called “On Insolvency,” defines in detail the features and procedure for a municipal unitary enterprise to undergo bankruptcy proceedings.
Who can file for bankruptcy and who processes it?
The content of Article 65 of the Civil Code of the Russian Federation determines that if a legal entity is not a religious organization, a state-owned enterprise, institution or political party, the general procedure for recognizing insolvency is applicable to it. Federal Law No. 127, which entered into force on October 26, 2002, defines the following circle of persons who have the right to apply to the arbitration court that considers insolvency cases of municipal unitary enterprises with an application for bankruptcy of a legal entity:
- Debtor;
- Organizations or persons who issued a loan to the debtor;
- Persons performing labor duties at the debtor's company;
- Government structures or bodies.
If the arbitration court satisfies the applicant’s demands and recognizes the municipal unitary enterprise against which the claim was filed as bankrupt, all necessary actions must be taken by the authorized structures within the time limits established by law. However, some categories of municipal unitary enterprises presented below are exceptions, which determines a slightly different procedure for office work when they are recognized as insolvent organizations.
- Producers of agricultural goods;
- City-forming companies;
- Enterprises of strategic importance for the state;
- Financial sector organizations;
- Construction organizations.
Grounds for declaring a municipal unitary enterprise bankrupt
Article 3 of Federal Law No. 127 (issued on October 26, 2002) establishes the following categories for municipal unitary enterprises, falling under which the enterprise risks being declared bankrupt:
- The total debt exceeds (in monetary equivalent) the amount of 300 thousand rubles;
- The enterprise has not made payments to the budget for 3 months or more, and also does not have the funds to timely fulfill previously assumed obligations.
Procedure for declaring a municipal unitary enterprise bankrupt
Federal Law No. 127 defines a five-stage process for declaring a municipal unitary enterprise insolvent:
- Observation. At the observation stage, regulatory authorities collect all information about the potentially bankrupt company and take the first steps to help the observed organization.
- Sanitation. At the reorganization stage, there is a transition to active actions designed to restore the enterprise’s ability to regularly meet its accounts and obligations.
- External control. If the measures taken at the first two stages have no effect, a transition to external management is carried out, main feature which is the assignment of responsibilities for making decisions regarding the future of the organization not to the director, but to the selected arbitration manager. Based on the results of the arbitration manager’s activities, there are three possible scenarios:
- Termination of office work due to possible bankruptcy (the enterprise has improved and can operate as before);
- Concluding a settlement agreement with creditors and other interested parties;
- Bankruptcy proceedings (liquidation of an enterprise, valuation of property and its subsequent sale in order to satisfy the requirements imposed on the municipal unitary enterprise by its creditors).
- (ADV45)
from 07/29/2017)
“On state and municipal unitary enterprises”
(as amended and supplemented, entered into force on November 1, 2017) 2. The Russian Federation, a constituent entity of the Russian Federation, a municipal entity are not liable for the obligations of a state or municipal enterprise, except in cases where the insolvency (bankruptcy) of such an enterprise is caused by owner of his property. In these cases, if the property of a state or municipal enterprise is insufficient, the owner may be assigned subsidiary liability for its obligations.
(as amended on July 29, 2017)
(as amended and supplemented, entered into force on August 6, 2017) Article 65. Insolvency (bankruptcy) of a legal entity
Articles, comments, answers to questions: Bankruptcy of a unitary enterprise
The document is available: in the commercial version of ConsultantPlus
Document forms: Bankruptcy of a unitary enterprise
(Prepared for the ConsultantPlus system, 2017)
The document is available: in the commercial version of ConsultantPlus
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Bankruptcy of a Municipal Unitary Enterprise without property under a simplified bankruptcy procedure for a debtor being liquidated.
The liquidator of MUP N.R. addressed the Arbitration Court (hereinafter referred to as the court) with a statement in accordance with Part 2 of Art. 9 and art. 224 Federal Law of the Russian Federation “On Insolvency (Bankruptcy)” No. 127-FZ dated October 26, 2002 (hereinafter referred to as the Bankruptcy Law) on declaring MUP N. insolvent (bankrupt).
creditors not satisfied due to insufficient property by virtue of Part 9 of Art. 142 Federal Law “On Insolvency (Bankruptcy)” No. 127-FZ dated October 26, 2002. are considered repaid.
Bankruptcy of unitary enterprises
A unitary enterprise is created by a local government body to conduct entrepreneurial activity on a commercial basis. In the event of bankruptcy of municipal unitary enterprises, the liquidation procedure of the company is carried out according to the rules provided for organizations of other forms of ownership, but with some features.
Insolvency of a municipal unitary enterprise
If circumstances leading to the insolvency of a municipal unitary enterprise are identified, the following have the right to file an application with the arbitration court:
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- management of the company based on the decision of the local administration;
- bankruptcy creditors;
- workers;
- local government bodies;
- authorized or government agencies.
A bankruptcy case is opened by an arbitration court in the following cases:
- presence of the amount of debt to creditors - 300 thousand rubles;
- inability to satisfy the monetary demands of interested parties or pay obligatory payments within three months.
When considering a bankruptcy case, the judicial authority may decide:
- about financial recovery;
- introduce a procedure for monitoring and external management;
- appoint bankruptcy proceedings;
- render a verdict on the settlement agreement.
Features of bankruptcy of unitary enterprises
Since the entity has no rights to the property, in the event of liquidation, the property cannot be divided into shares between the participants. The bankruptcy procedure is associated with the characteristics of a unitary enterprise:
- the owner of the property is the municipal body and represents it on a leasehold basis;
- the owner appoints a director to manage the enterprise, who cannot be a founder;
- management disposes of the property independently, excluding alienation to another person. Actions are recorded in a report and presented to the founders;
- if circumstances arise regarding the insolvency of the organization, the manager makes a decision on bankruptcy after receiving an order from the municipality.
The owner becomes subject to subsidiary liability if there is not enough property to pay creditors.
Voluntary liquidation
The initiator of the voluntary liquidation of a unitary enterprise can be the owner on the following grounds:
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- there is no interest in the functioning of the company;
- the profitability indicator has decreased and the company is operating at a loss;
- the organization has completed its previously assigned tasks;
- The term of the bilateral agreement between the municipal unitary enterprise and the current government body is ending.
The liquidation procedure takes place in stages:
- a liquidation commission is created;
- deadlines and procedure scheme are assigned;
- creditors are notified of initiated insolvency measures;
- information is submitted to the registration authority;
- if there is a shortage of funds, the property is sold at auction;
- after all claims of creditors have been repaid on the basis of the liquidation balance sheet, the property is returned to the owner;
- the final stage - the enterprise is excluded from the Unified State Register of Legal Entities, the Federal Tax Service is notified, the seals are destroyed and the file is sent to the archives.
Attention! Information for citizens!
Bankruptcy of a municipal enterprise
Sooner or later, many legal entities are faced with the accumulation of a huge amount of debt, to cover which there are insufficient material resources and property available to the organization. Depending on the organizational and legal form of an enterprise, the process of bankruptcy occurs in different ways. This article discusses the main aspects of bankruptcy of municipal enterprises.
Bankruptcy of legal entities will no longer be a problem if you seek help from the experienced lawyers of our company. Flexible prices, effective assistance in the most difficult situations.
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Features of municipal enterprises
Before considering the process and features of the bankruptcy procedure that enterprises created by the municipality go through, it is necessary to briefly highlight their features.
- Article 65.1 of the Civil Code of the Russian Federation determines that the founder of a municipal unitary enterprise (municipality) cannot be a participant in the enterprise.
- Article 113 of the Civil Code of the Russian Federation determines that the right to property, which is under the control and use of a municipal unitary enterprise, is assigned to the municipality that organized this municipal unitary enterprise.
Legal provisions
The main issues relating to the creation, operation and liquidation of municipal unitary enterprises are covered in a special law called “On municipal and state unitary enterprises” (Federal Law No. 161 of November 14, 2002). In addition, general issues regarding the procedure for declaring a municipal unitary enterprise insolvent to meet its obligations are covered in Article 65 of the Civil Code. Federal Law No. 127, issued on October 26, 2002 and called “On Insolvency,” defines in detail the features and procedure for a municipal unitary enterprise to undergo bankruptcy proceedings.
Who can file for bankruptcy and who processes it?
The content of Article 65 of the Civil Code of the Russian Federation determines that if a legal entity is not a religious organization, a state-owned enterprise, an institution or a political party, the general procedure for declaring insolvency is applicable to it. Federal Law No. 127, which entered into force on October 26, 2002, defines the following circle of persons who have the right to apply to the arbitration court that considers insolvency cases of municipal unitary enterprises with an application for bankruptcy of a legal entity:
- Debtor;
- Organizations or persons who issued a loan to the debtor;
- Persons performing labor duties at the debtor's company;
- Government structures or bodies.
If the arbitration court satisfies the applicant’s demands and recognizes the municipal unitary enterprise against which the claim was filed as bankrupt, all necessary actions must be taken by the authorized structures within the time limits established by law. However, some categories of municipal unitary enterprises presented below are exceptions, which determines a slightly different procedure for office work when they are recognized as insolvent organizations.
- Producers of agricultural goods;
- City-forming companies;
- Enterprises of strategic importance for the state;
- Financial sector organizations;
- Construction organizations.
Grounds for declaring a municipal unitary enterprise bankrupt
Article 3 of Federal Law No. 127 (issued on October 26, 2002) establishes the following categories for municipal unitary enterprises, falling under which the enterprise risks being declared bankrupt:
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- The total debt exceeds (in monetary equivalent) the amount of 300 thousand rubles;
- The enterprise has not made payments to the budget for 3 months or more, and also does not have the funds to timely fulfill previously assumed obligations.
Procedure for declaring a municipal unitary enterprise bankrupt
Federal Law No. 127 defines a five-stage process for declaring a municipal unitary enterprise insolvent:
- Observation. At the observation stage, regulatory authorities collect all information about the potentially bankrupt company and take the first steps to help the observed organization.
- Sanitation. At the reorganization stage, there is a transition to active actions designed to restore the enterprise’s ability to regularly meet its accounts and obligations.
- External control. If the measures taken at the first two stages have no effect, a transition to external management is carried out, the main feature of which is the assignment of responsibilities for making decisions regarding the future of the organization not to the director, but to the selected arbitration manager. Based on the results of the arbitration manager’s activities, there are three possible scenarios:
- Termination of office work due to possible bankruptcy (the enterprise has improved and can operate as before);
- Concluding a settlement agreement with creditors and other interested parties;
- Bankruptcy proceedings (liquidation of an enterprise, valuation of property and its subsequent sale in order to satisfy the requirements imposed on the municipal unitary enterprise by its creditors).
We will carry out bankruptcy of legal entities with maximum respect for the interests of the owners. In any difficult situation with debts, entrust bankruptcy management to professionals.
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Bankruptcy consists of cessation of activity and recognition of a commercial organization as insolvent and unprofitable. After organizations are declared bankrupt, the procedure for their liquidation is carried out due to the inability to fulfill their obligations to employees and creditors.
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Step-by-step instructions for bankruptcy of legal entities in 2016
An organization may be declared bankrupt if the total debt to creditors is more than 300 thousand rubles, and the debt period exceeds three months. An organization is declared insolvent based on a decision of an arbitration court, after it has considered all the evidence of bankruptcy.
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Conditions for declaring bankruptcy of a municipal unitary enterprise and consequences of liquidation
Now, when the market is subject to fluctuations caused by objective and subjective reasons, practically no one is immune from situations where it is impossible to fulfill their loan obligations. Thus, the bankruptcy of a municipal unitary enterprise is just as commonplace. Extremely unpleasant for creditors, but commonplace. Therefore, it would be useful to know what important points and features of the process of liquidating a municipal unitary enterprise through declaring it bankrupt.
Fundamental differences between MUP bankruptcy
Typically, to begin the procedure for closing a company due to an inability to repay debts, the manager must file a corresponding application with the court dealing with the affairs of legal entities. A creditor or an employee of an enterprise who is not being paid wages can also apply there, that is, in fact, the same creditor. In the case of declaring a municipal entity bankrupt, there is a controversial legislative issue about the possibility of the head of the enterprise turning to the judicial authorities. This is due to the fact that enterprises of this type only have the ability to quickly manage property. Title to the property belongs to the city or other municipality. Thus, in fact, the decision to send an application to the court to initiate bankruptcy proceedings for a unitary enterprise is made not by the manager, but by the owners of the property, that is, local authorities.
There are a few more differences:
- the founders of the company cannot be its participants;
- the organization is managed by one leader alone;
- MUP reports to the founders, but manages the property independently;
- in case of bankruptcy, first the property under the management of the municipal unitary enterprise is used, and then, on the terms of subsidiary liability, the property of the founders.
Legal provisions
At the legislative level, the bankruptcy procedure is regulated by several regulatory documents. First of all, this is the civil code. Specifically, Article 61 defines the concept of liquidation of an enterprise, describes options for the liquidation process, and when a company is declared insolvent before creditors. The lower-level legislative acts on bankruptcy include the law adopted at the level of the Federation Council No. 161 of November 14, 2002 “On municipal enterprises.” It describes in detail the entire process of education, work and completion of activities.
Federal law No. 127, also adopted in 2002 on October 26, regulates the procedure and features of the bankruptcy process. Bankruptcy of state and municipal enterprises also appears in this legal act. The latest changes to this law came into force on October 29, 2017. Some controversial issues arising in the application of this law are highlighted in the Resolution of the Supreme Arbitration Court No. 29 of December 15, 2004.
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Criteria by which an organization is liquidated as unable to repay debts
Despite all the differences between a unitary organization and a regular one, the criteria for declaring a municipal enterprise bankrupt are no different. There are two such criteria:
- the organization does not pay wages and benefits for three months social nature, has tax debt and does not have money for such payments;
- the amount of debt is not less than three hundred thousand rubles.
For public utility organizations, there is one more additional criterion: failure to fulfill promises to suppliers and, consequently, to citizens - the final recipients of services.
Who initiates the bankruptcy procedure of a municipal enterprise
In accordance with Russian legislation and common sense, it is possible to determine categories of individuals and legal entities who have the opportunity to apply to arbitration to initiate a case to terminate the organization’s activities due to the inability to pay debt amounts.
- The organization itself is a debtor. If management realizes that the amount of debt to creditors exceeds the amount specified in the law, and there are no options for a positive resolution of the situation, then the head of the enterprise, with the consent of the municipality, files an application for bankruptcy.
- Organizations are creditors. Suppliers of natural resources, financial organizations, suppliers of inventory items who made supplies on credit. This group submits an application, after a long, unpaid debt, to collect funds from municipal property or other legal means. Suppliers take such steps when the risk of not receiving the full amount of the debt is lower than the risk of complete non-repayment if the organization continues to exist.
- Municipal Unitary Enterprise employees who do not receive wages or various benefits for the time established by law. The meaning of their actions to declare the organization bankrupt is to receive their legal compensation for their work.
- Government bodies. The activities of an organization may be considered irrational. Its functions are transferred to another office with more efficient management.
Bankruptcy procedure
If the court satisfies the plaintiff’s application, then the standard procedure takes place, which includes several points. The initial stage will be observation. Controlling structures collect all information about the company and create plans to overcome the financial crisis without liquidation. This stage lasts a maximum of 7 months from the date of application.
Then comes the rehabilitation stage. Here the external manager gets some opportunity to influence the decisions of the current manager. A debt repayment schedule is drawn up. The current manager is still employed. May last up to two years.
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If at the reorganization stage the restoration of solvency does not occur, the process moves to the third stage. The external manager fully controls the activities of the organization and takes measures to improve its financial condition. The organization's seals are also kept by the external manager. The only thing he cannot do is sell MUP property to pay off obligations to creditors. This period lasts up to a year, but can be extended for another six months. If contracts for large amounts are concluded during the period, this process is usually agreed upon with the organization's board of creditors.
Based on the results of the third stage, several options are possible. If the actions of the external manager are successful, the bankruptcy procedure is terminated and the municipal unitary enterprise returns to normal operation.
If it was possible to reach an agreement with the creditors, then a settlement agreement is concluded, the organization continues to function, and the debts are repaid according to plan.
Important: a settlement agreement with creditors can be concluded at any stage of bankruptcy. If for credit organization, for some reason the existence of a particular municipal unitary enterprise is important, then it can agree to an agreement even at the observation stage.
If there is no improvement, bankruptcy proceedings are initiated, the functionality of which includes the sale of property and repayment of debts from the funds received. The period is set to one and a half years. During this period, all accruals of penalties cease, and documentation on loan obligations is kept by the external manager.
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Terms of liquidation
The main conditions for the liquidation of a municipal unitary enterprise - non-payment of debts within three months and the amount of debt exceeding 300 thousand - were described above. In addition, in case of voluntary liquidation, the municipality must issue a liquidation order and appoint a liquidation commission. As a rule, it is created with the participation of municipal employees. It is necessary to notify the tax authorities, enterprise workers, and creditors.
Official information about the upcoming bankruptcy is published in the media mass media. Debt repayment plans are created and then implemented. As a result of all actions, the seals of the organization are broken. The company is excluded from accounting tax authorities. All documentation is sent to the archive.
Consequences and responsibility
The consequences of bankruptcy proceedings directly include the liquidation of a unitary structure and the sale of its property to pay off debts. The responsibility of individuals in such events does not go beyond administrative and criminal liability. MUP workers, according to job responsibilities, are responsible for the completeness and correctness accounting, for full reflection of all the organization’s property, as well as for creating obstacles to the external manager. Fictitious intentional bankruptcy is also a punishable offense.
You can learn about the bankruptcy of a company from the video:
Attention! Due to recent changes in legislation, the legal information in this article may be out of date!
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Bankruptcy of MUP
Bankruptcy of municipal unitary enterprises, as a procedure for declaring the insolvency of a legal entity, is regulated by the Civil Code of the Russian Federation (Article 65) and Federal Law No. 127-FZ “On Insolvency (Bankruptcy)” dated October 26, 2002.
The peculiarity of these legal relations lies in the special organizational and legal form of the subject, which actually exists only in the Russian Federation.
Key Difference
A fundamentally important issue in initiating and conducting bankruptcy procedures for municipal unitary enterprises is whether or not the head of the debtor enterprise has the right to apply to an arbitration court with a corresponding application for recognition of the debtor’s insolvency (“voluntary bankruptcy”). The controversial aspect is related to the form of the legal entity, in which a municipal unitary enterprise belongs to the category of commercial organizations, but is not endowed with ownership rights to the property assigned to it. These enterprises have only the right of operational management or economic management of property provided by the owner (Municipality), which is indivisible, that is, not subject to distribution among shares, deposits, shares, shares.
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Legislative features
The ambiguity of judicial and legal practice regarding the rights and powers of the head of a municipal unitary enterprise, if the enterprise exhibits signs of bankruptcy, is resolved on the basis of general principles established by civil legislation and the specified Federal Law.
According to Article 9 and Article 30 of Law No. 127-FZ, as well as Article 65 of the Civil Code of the Russian Federation, it is provided that in the event of signs of insolvency (insolvency) of a municipal unitary enterprise, the head of the debtor is obliged to notify the owner of the property, sending him information about the existence of grounds for the threat bankruptcy. The owner, in turn, must take timely measures to restore the debtor’s solvency, or submit an appropriate application.
Resolution No. 29 of December 15, 2004 “On some issues in the practice of applying the Federal Law “On Insolvency (Bankruptcy)”” made certain adjustments to the situation.
The practical aspect of bankruptcy of a municipal unitary enterprise
According to the law, signs of bankruptcy (insolvency) of municipal unitary enterprises are their debt to creditors for the fulfillment of monetary obligations and (or) payment of mandatory payments to the state budget and extra-budgetary funds, amounting to at least 100 thousand rubles, and not repaid within three months after the date established (agreed, specified) execution. Penalties, interest, fines and other financial sanctions for late payment are not included in the amount of the debt minimum.
If there are these signs of insolvency, a creditor, an authorized body, or a person who has the right to file an application on behalf of the debtor may apply to the arbitration court.
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The bankruptcy procedure of a municipal unitary enterprise is carried out on the basis of the general norms of the Law. The stages are introduced:
- observations;
- financial recovery (rehabilitation);
- external control;
- bankruptcy proceedings;
- settlement agreement.
The appointment of an external manager, temporary economic management, etc. is provided.
What are the nuances of bankruptcy of a municipal unitary enterprise?
Declaring financial insolvency and identifying signs of bankruptcy of a MUP (municipal unitary enterprise) has much in common with the same procedure as for other commercial organizations. This process is regulated by the Federal Law “On Insolvency (Bankruptcy)”.
For enterprise municipal form organization, there are some nuances, and additional special norms of legislative acts apply. The specifics of the activities of this type of legal entity, its management and the form of the legal status of the property are taken into account.
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Fundamental differences
A municipal unitary enterprise is essentially a type of commercial entity, its legal variety, but with some features. The presence of the word “unitary” in its name implies that the property and assets are not the property of the enterprise; they cannot be divided into shares between its participants. The property does not belong to such an organization; it is only assigned to it by the owner.
Bankruptcy of state-owned entities is regulated by special rules, and not by the Federal Law “On Insolvency (Bankruptcy)”, this is an exception to it, but municipal unitary enterprises are not state-owned enterprises, these two concepts should not be confused.
Therefore, for them, the procedure is carried out on a general basis in accordance with the specified law with the same stages and rules, but taking into account the peculiarities of its form of ownership, management and legal status of the property.
In Art. 61 of the Civil Code defines the liquidation of such an organization. This is a system of legal and accounting actions provided for by law and aimed at terminating its activities in full. At the same time, rights and obligations are not transferred to third parties, that is, the process is carried out without legal succession.
Unlike other bankruptcy objects, the process is often initiated by the municipality (state municipal entity of local government). Liquidation is carried out by their decision as the owners of the property and by a court decision on the basis and in the manner prescribed by law.
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Often, during the liquidation of a municipal unitary enterprise, initiated pre-trial according to a voluntary decision of the owner, the liquidation commission determines that the property is insufficient to satisfy the claims of creditors. This means that signs of bankruptcy have been detected, which, in turn, obliges creditors, the liquidation commission, and the manager to file a bankruptcy claim with the arbitration court.
- The founders are not participants.
- The enterprise does not own the property, it is under its economic control. Municipal authorities are its owners.
- The enterprise is managed solely by a manager appointed by the owner.
- The management reports to the founder, but resolves all issues regarding property, except the alienation of real estate, independently.
- The municipal unitary enterprise is liable with its property, and the owner is subject to subsidiary liability with it only when the property is not enough to pay off the debts. This is the main feature of the bankruptcy of a municipal unitary enterprise.
The main difference between a municipal unitary enterprise and ordinary organizations is that its leader does not belong to the founding owners. Although formally he makes a decision on bankruptcy, in fact this is done on the basis of an order from the owner of the property, that is, the local administration, to which he sends a report on the circumstances of insolvency that have arisen. It is she who makes the decision to file an application in court.
Procedure
The bankruptcy procedure is initiated by filing a claim in court by bankruptcy creditors, employees, the debtor himself, authorized or government bodies, which also include local governments. They are often the initiators in this case.
Identification of signs of bankruptcy of a municipal unitary enterprise is carried out, as a rule, by the initiators of the procedure.
The head of a municipal unitary enterprise and the owner of its property are obliged, having identified potential problems, to file a bankruptcy claim themselves in the following cases:
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- fulfillment of creditor requirements will lead to the impossibility of paying obligatory or other payments;
- the manager, the authorized body, including the owner, decided to file a bankruptcy claim;
- the procedure for paying off debts by selling property will complicate or block the activities of a potential bankrupt;
- signs of insolvency, lack of property to cover debts or normal operation are detected.
Stages
Features of the CBM stages are related to the legal status of the property and the rights of its owner:
- analysis of the state of the enterprise and making decisions on further actions;
- ensuring the safety of property.
- Only observational and analytical actions, document analysis.
- The enterprise operates as before, but the following actions are prohibited: liquidation, reorganization, creation of branches, representative offices, issue of securities, payment of dividends, transactions with property worth more than 5% of assets.
- Loans, credits, guarantees, guarantees - only with the consent of the temporary manager.
- At the request of creditors, collections and execution of enforcement documents are suspended, excluding collections wages, royalties, alimony, damage to life and health, moral damage, reclaiming property from someone else’s possession. Arrests are lifted, allocation of shares is prohibited.
- The period including consideration of the bankruptcy case by the court is no more than 7 months. from the moment the bankruptcy petition is accepted.
- Creditor claims are presented.
- A register of requirements is compiled. The first meeting of creditors is held.
- The restrictions are the same, plus the accrual of penalties is suspended. Finding ways to improve your health.
- The manager informs creditors in writing about measures to prevent bankruptcy - about financial injections, lending.
- term – up to 2 years;
- a payment schedule and a health plan are drawn up;
- the debtor begins to pay off debts;
- identification of debit debt and non-purpose equipment that can be sold.
- 12 months with the possibility of extension for 6 months.
- An external management plan is being drawn up.
- All seals, documents, and accounting reports are transferred to the external manager.
- The restrictions on payments are the same. Transactions on loans, guarantees, guarantees, assignments of claims, manipulations with shares and shares are allowed.
- Property can only be sold with the consent of creditors.
- Possible organizational actions: staff reductions, reorganization into other forms of legal entity (merger, accession) in order to improve and optimize work. The competence of the management bodies is only to increase the authorized capital, the procedure for the meeting of shareholders and representation in the meeting of creditors.
- Re-profiling, closure of unprofitable production facilities, collection of receivables, and sale of part of the property are allowed.
- The owner of the MUP property has the right at any time to fully satisfy all requirements or provide the debtor with funds under an interest-free loan agreement sufficient for this.
- Major transactions may be approved by a meeting of creditors.
- The deadline for the fulfillment of all obligations that arose before this procedure is considered to have occurred.
- Penalties are not accrued, execution of enforcement documents is terminated, and they are handed over to the manager. Information about the enterprise ceases to be confidential. Arrests and restrictions on property are lifted.
- Term 1 year with extension for 6 months.
- A bankruptcy estate is being formed.
- Individual creditor claims are suspended.
- Selling property at auction. Distribution of funds among creditors in order of priority.
- The settlement agreement provides for a debt repayment plan.
- It is agreed upon with creditors and the manager of the enterprise and approved by the arbitration court.
Each stage is introduced by the arbitration court on the basis of the petition and reports of the arbitration manager. If the court immediately makes a decision on liquidation, the indicated stages do not apply - the bankruptcy stage is immediately introduced.
Types of schemes
There are several types of bankruptcy schemes. The procedure is called planned or voluntary bankruptcy when the decision on it is made by the debtor himself when circumstances of the enterprise's insolvency arise.
In the case of a municipal unitary enterprise, the decision is actually made by the local administration, although the claim is filed on behalf of the debtor. After the local administration makes a decision on bankruptcy, the head of the municipal unitary enterprise is obliged to file an application with the court within a month from the date of such a decision.
If there is a voluntary decision of the manager and owner, the municipal unitary enterprise is also liquidated pre-trial. Then a liquidation commission is formed and a congress of creditors is held. But if at least one of the creditors objects, a bankruptcy claim is filed in court.
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Why is collateral needed in bankruptcy and what law regulates its retention - read on.
Forced liquidation of an enterprise occurs when an application is submitted directly to the court by creditors, its employees or consumers of utility services in the event of the insolvency of the management company.
Regarding the order of the stages of the procedure, there are three schemes. The first stage - observation - is always mandatory, the rest may not be introduced, it depends on the state of the enterprise.
After observation, there are three ways to develop the procedure:
- If a decision is made about recovery, the appropriate stage is introduced.
- If at the observation stage it is decided that the measures taken for rehabilitation will be unsuccessful, bypassing all other stages, a competitive stage is introduced. This means that the company is already bankrupt and is preparing for liquidation.
- The third is a settlement agreement at any stage of the procedure.
Terms of liquidation
The main conditions and reasons for the bankruptcy of a municipal unitary enterprise are the same as for commercial organizations: debts over 100 thousand rubles. and inability for 3 months. pay them voluntarily or the inability of the creditor to retain them through the bailiff service.
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Features of diagnosing the possibility of bankruptcy of a municipal unitary enterprise include the fact that often the municipality “throws” its financial problems onto such enterprises, thus bankrupting it.
Description of the conditions and process of bankruptcy of a municipal unitary enterprise on a voluntary basis using the example of a standard procedure step by step:
- Local government makes the decision on liquidation. An order about this is being drawn up.
- A liquidation commission is appointed, which must include a representative of the municipality. If the company is small, one liquidator is appointed. The members of the commission are authorized representatives of the municipal unitary enterprise.
- Notification of the Federal Tax Service authorities about the procedure.
- Before liquidation/reorganization, employees are notified at least 2 months before its completion.
- Documents for staff reduction are being prepared, and the employment service is notified.
- Publication of an advertisement in official media (Kommersant).
- Creditors are notified of the commencement of procedures and measures taken in writing.
- Drawing up a liquidation interim balance sheet, having previously waited a 2-month period for accepting creditor claims. The balance sheet is approved by the general creditors' meeting or the body that made the decision on liquidation.
- If there are not enough funds, public auctions are organized.
- Approval of the bankruptcy plan, priority and distribution of funds in accordance with the law (Article 64 of the Civil Code of the Russian Federation).
- Once the obligations are fulfilled, a liquidation balance sheet is drawn up, and the remaining property is returned to the owner.
- Consequences of the procedure: settlement with creditors, exclusion from the Unified State Register of Legal Entities, filing for bankruptcy with the Federal Tax Service, destruction of seals, submission of documents to the archive.
Compulsory liquidation is carried out according to the above table through five stages: observation, recovery, external management, bankruptcy proceedings, settlement agreement. The procedure may include fewer stages (for example, only the first and fourth) depending on the characteristics of the process.
Responsibility
The characteristics of the responsibility of a municipal enterprise are directly related to the legal status of its property, which belongs to the municipality. The municipal unitary enterprise disposes of it in the course of economic management, but this does not mean that such property is not subject to inclusion in the bankruptcy estate.
Responsibility for violation of the bankruptcy procedure arises in accordance with the Criminal Code and the Code of Administrative Offenses. Participants in the procedure are responsible for concealing property, information about it, falsifying accounting or accounting documents, for fictitious bankruptcy, and interfering with the bankruptcy manager.
The owner of the property of a municipal unitary enterprise is the state municipal entity (local government bodies), which in relation to it act within the framework of their competence established by legislative acts on their status.
The MUP is responsible with all its property. Such an enterprise is not responsible for the actions of self-government bodies and other municipalities, excluding cases where the insolvency of the municipal unitary enterprise is caused by the owner of the property. Then the owner is given subsidiary liability, that is, the missing funds of the municipal unitary enterprise are compensated at the expense of his property.
Municipal enterprises often act as founders of unitary entities; in court they act as third parties without independent claims, since a court decision may affect the responsibilities of a public entity if the claim is satisfied.
The municipality is represented in court by its body, but it itself, as a legal entity, is not involved as a third party in the case. His subsidiary liability arises only when the arbitration court declares the MUP bankrupt.
Details of MUP bankruptcy in practice
When liquidating a municipal unitary enterprise, the nuances associated with organizational form activities, powers of the manager and with the property of the debtor, since their legal status is quite different from ordinary commercial organizations.
Property situation
The municipal unitary enterprise disposes of two types of property: movable and immovable. In the initial stages of bankruptcy, it responds with the first type.
Creditor claims are satisfied from it before the introduction of the competitive stage, but after its introduction, all powers of the owner (municipal entity) are terminated.
His right of ownership in relation to the MUP real estate is lost, and it is included in the bankruptcy estate, from which creditor claims are satisfied: property from the bankruptcy estate is sold at auction, and the funds are distributed among creditors.
If the property of a municipal unitary enterprise is not enough to fully pay off debts, the municipality has an obligation to add the missing funds, but only when it initiated the procedure.
In all other cases, local authorities are not liable for the debts of the municipal unitary enterprise. An analysis of judicial practice shows that there are often cases when, anticipating insolvency, a municipal institution removes real estate from the jurisdiction of the municipal unitary enterprise so as not to include it in the bankruptcy estate. But such actions are successfully challenged by creditors, and the transactions are declared invalid by the court.
Manager's actions
Art. 65 of the Civil Code stipulates that the owner of the property makes a decision on bankruptcy, but the Federal Law “On Insolvency (Bankruptcy)” states that the manager is obliged to apply to the court for insolvency himself if signs of insolvency are detected.
The question arises whether the manager has the right to make a decision on bankruptcy, because in fact it is subordinate to the owner of the property - the municipality.
In practice, this situation is resolved as follows: the manager sends a report or statement to the owner that signs of bankruptcy have been detected. And he decides whether to start the procedure or not, issuing an appropriate order. The decision is made by the owner, and the application to the court is submitted on behalf of the head of the municipal unitary enterprise.
Otherwise, the actions of the housing and communal services enterprise are the same as in the case of bankruptcy of ordinary commercial organizations.
- promptly respond to potential problems of the enterprise, take measures to prevent bankruptcy;
- do not hide the property and provide the liquidation commission and the arbitration manager with all information about it;
- do not interfere with the actions of the liquidators;
- do not violate the order of satisfaction of creditors' claims;
- exclude actions aimed at deliberate bankruptcy and do not contribute to the removal of property from economic management.
Legislation
Legislative acts that regulate the procedure:
- Federal Law “On Insolvency (Bankruptcy)”;
- relevant articles of the Civil Code of the Russian Federation Art. 61, 64, 65;
- Federal Law “On State and Municipal Enterprises”;
- liability is regulated by Art. 195, 196, 197 of the Criminal Code and 14.12, 14.13 of the Administrative Code.
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Declaring financial insolvency and identifying signs of bankruptcy of a MUP (municipal unitary enterprise) has much in common with the same procedure as for other commercial organizations. This process is regulated.
For an enterprise with a municipal form of organization, there are some nuances, and additional special norms of legislative acts apply. The specifics of the activities of this type of legal entity, its management and the form of the legal status of the property are taken into account.
Fundamental differences
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A municipal unitary enterprise is essentially a type of commercial entity, its legal variety, but with some features. The presence of the word “unitary” in its name implies that the property and assets are not the property of the enterprise; they cannot be divided into shares between its participants. The property does not belong to such an organization; it is only assigned to it by the owner.
Bankruptcy of state-owned entities is regulated by special rules, and not by the Federal Law “On Insolvency (Bankruptcy)”, this is an exception to it, but municipal unitary enterprises are not state-owned enterprises, these two concepts should not be confused.
Therefore, for them, the procedure is carried out on a general basis in accordance with the specified law with the same stages and rules, but taking into account the peculiarities of its form of ownership, management and legal status of the property.
Features of CBM:
- The founders are not participants.
- The enterprise does not own the property, it is under its economic control. Municipal authorities are its owners.
- The enterprise is managed solely by a manager appointed by the owner.
- The management reports to the founder, but resolves all issues regarding property, except the alienation of real estate, independently.
- The municipal unitary enterprise is liable with its property, and the owner is subject to subsidiary liability with it only when the property is not enough to pay off the debts. This is the main feature of the bankruptcy of a municipal unitary enterprise.
The main difference between a municipal unitary enterprise and ordinary organizations is that its leader does not belong to the founding owners. Although formally he makes a decision on bankruptcy, in fact this is done on the basis of an order from the owner of the property, that is, the local administration, to which he sends a report on the circumstances of insolvency that have arisen. It is she who makes the decision to file an application in court.
Procedure
The bankruptcy procedure is initiated by filing a claim in court by bankruptcy creditors, employees, the debtor himself, authorized or government bodies, which also include local governments. They are often the initiators in this case.
Identification of signs of bankruptcy of a municipal unitary enterprise is carried out, as a rule, by the initiators of the procedure.
The head of a municipal unitary enterprise and the owner of its property are obliged, having identified potential problems, to file a bankruptcy claim themselves in the following cases:
- fulfillment of creditor requirements will lead to the impossibility of paying obligatory or other payments;
- the manager, the authorized body, including the owner, decided to file a bankruptcy claim;
- the procedure for paying off debts by selling property will complicate or block the activities of a potential bankrupt;
- signs of insolvency, lack of property to cover debts or normal operation are detected.
Stages
Features of the CBM stages are related to the legal status of the property and the rights of its owner:
| Stages | Target | Powers of the Arb. ex. | Result |
|
The temporary manager has only supervisory functions. | The decision to recover or immediately proceed to the stage of bankruptcy proceedings. | |
| Restoring solvency | The administrative manager has some management powers, but the management of the enterprise is not removed. | Rehabilitation or transition to the next stage | |
| Restoring solvency and maintaining operations | All management powers are transferred to the external manager. The management is completely removed, the powers of the management bodies and the owner of the property of the unitary enterprise are terminated. But the manager does not yet have the right to sell property to pay off debts. | Rehabilitation of the enterprise or transition to the next stage. | |
| If this procedure is introduced, it means that the debtor is bankrupt and the court has already made a decision on this. Although his rehabilitation is not ruled out. The purpose of the procedure is to satisfy the claims of creditors at the expense and assets of the debtor. | has full powers to manage and dispose of property | Selling property and using the proceeds to pay off debts. . | |
| Aimed at reaching agreement between creditors and the debtor to preserve the functioning of the organization. | An agreement can be concluded at any stage. | A debt repayment plan is drawn up. The enterprise is not being liquidated, its work is being restored. |
| Stages | Peculiarities | Conditions |
| Observation |
|
|
| Recovery (rehabilitation) |
|
|
| External control |
|
|
| Bankruptcy proceedings |
|
|
| Settlement agreement | Adopted by the meeting of creditors if all creditors whose claims are secured by the debtor’s property have voted. |
|
Each stage is introduced by the arbitration court on the basis of the petition and reports of the arbitration manager. If the court immediately makes a decision on liquidation, the indicated stages do not apply - the bankruptcy stage is immediately introduced.
Types of schemes
There are several types of bankruptcy schemes. The procedure is called planned or voluntary bankruptcy when the decision on it is made by the debtor himself when circumstances of the enterprise's insolvency arise.
In the case of a municipal unitary enterprise, the decision is actually made by the local administration, although the claim is filed on behalf of the debtor. After the local administration makes a decision on bankruptcy, the head of the municipal unitary enterprise is obliged to file an application with the court within a month from the date of such a decision.
If there is a voluntary decision of the manager and owner, the municipal unitary enterprise is also liquidated pre-trial. Then a liquidation commission is formed and a congress of creditors is held. But if at least one of the creditors objects, a bankruptcy claim is filed in court.
Forced liquidation of an enterprise occurs when an application is submitted directly to the court by creditors, its employees or consumers of utility services in the event of the insolvency of the management company.
Regarding the order of the stages of the procedure, there are three schemes. The first stage - observation - is always mandatory, the rest may not be introduced, it depends on the state of the enterprise.
After observation, there are three ways to develop the procedure:
- If a decision is made about recovery, the appropriate stage is introduced.
- If at the observation stage it is decided that the measures taken for rehabilitation will be unsuccessful, bypassing all other stages, a competitive stage is introduced. This means that the company is already bankrupt and is preparing for liquidation.
- The third is a settlement agreement at any stage of the procedure.
Terms of liquidation
The main conditions and reasons for the bankruptcy of a municipal unitary enterprise are the same as for commercial organizations: debts over 100 thousand rubles. and the impossibility throughout 3 months pay them voluntarily or the inability of the creditor to retain them through the bailiff service.
Features of diagnosing the possibility of bankruptcy of a municipal unitary enterprise include the fact that often the municipality “throws” its financial problems onto such enterprises, thus bankrupting it.
Description of the conditions and process of bankruptcy of a municipal unitary enterprise on a voluntary basis using the example of a standard procedure step by step:
- Local government makes the decision on liquidation. An order about this is being drawn up.
- A liquidation commission is appointed, which must include a representative of the municipality. If the company is small, one liquidator is appointed. The members of the commission are authorized representatives of the municipal unitary enterprise.
- Notification of the Federal Tax Service authorities about the procedure.
- Before liquidation/reorganization, employees are notified at least 2 months before its completion.
- Documents for staff reduction are being prepared, and the employment service is notified.
- Publication of mass information (“Kommersant”).
- Creditors are notified of the commencement of procedures and measures taken in writing.
- Drawing up a liquidation interim balance sheet, having previously waited a 2-month period for accepting creditor claims. The balance sheet is approved by the general creditors' meeting or the body that made the decision on liquidation.
- If there are not enough funds, public auctions are organized.
- Approval of the bankruptcy plan, priority and distribution of funds in accordance with the law ().
- Once the obligations are fulfilled, a liquidation balance sheet is drawn up, and the remaining property is returned to the owner.
- Consequences of the procedure: settlement with creditors, exclusion from the Unified State Register of Legal Entities, filing for bankruptcy with the Federal Tax Service, destruction of seals, submission of documents to the archive.
Compulsory liquidation is carried out according to the above table through five stages: observation, recovery, external management, bankruptcy proceedings, settlement agreement. The procedure may include fewer stages (for example, only the first and fourth) depending on the characteristics of the process.
Responsibility
The characteristics of the responsibility of a municipal enterprise are directly related to the legal status of its property, which belongs to the municipality. The municipal unitary enterprise disposes of it in the course of economic management, but this does not mean that such property is not subject to inclusion in the bankruptcy estate.
Responsibility for violation of the bankruptcy procedure arises in accordance with the Criminal Code and the Code of Administrative Offenses. Participants in the procedure are responsible for concealing property, information about it, falsifying accounting or accounting documents, for fictitious bankruptcy, and interfering with the bankruptcy manager.
The owner of the property of a municipal unitary enterprise is the state municipal entity (local government bodies), which in relation to it act within the framework of their competence established by legislative acts on their status.
The MUP is responsible with all its property. Such an enterprise is not responsible for the actions of self-government bodies and other municipalities, except for cases where the insolvency of the municipal unitary enterprise is caused by the owner of the property. Then the owner is responsible, that is, the missing funds of the municipal unitary enterprise are compensated at the expense of his property.
Municipal enterprises often act as founders of unitary entities; in court they act as third parties without independent claims, since a court decision may affect the responsibilities of a public entity if the claim is satisfied.
The municipality is represented in court by its body, but it itself, as a legal entity, is not involved as a third party in the case. His subsidiary liability arises only when the arbitration court declares the MUP bankrupt.
Details of MUP bankruptcy in practice
When liquidating a municipal unitary enterprise, nuances related to the organizational form of activity, the powers of the manager and the property of the debtor are always taken into account, since their legal status is quite different from ordinary commercial organizations.
Property situation
The municipal unitary enterprise disposes of two types of property: movable and immovable. In the initial stages of bankruptcy, it responds with the first type.
Creditor claims are satisfied from it before the introduction of the competitive stage, but after its introduction, all powers of the owner (municipal entity) are terminated.
His right of ownership in relation to the MUP real estate is lost, and it is included in the bankruptcy estate, from which creditor claims are satisfied: property from the bankruptcy estate is sold at auction, and the funds are distributed among creditors.
If the property of a municipal unitary enterprise is not enough to fully pay off debts, the municipality has an obligation to add the missing funds, but only when it initiated the procedure.
In all other cases, local authorities are not liable for the debts of the municipal unitary enterprise. An analysis of judicial practice shows that there are often cases when, anticipating insolvency, a municipal institution removes real estate from the jurisdiction of the municipal unitary enterprise so as not to include it in the bankruptcy estate. But such actions are successfully challenged by creditors, and the transactions are declared invalid by the court.
Manager's actions
Art. 65 of the Civil Code stipulates that the owner of the property makes a decision on bankruptcy, but the Federal Law “On Insolvency (Bankruptcy)” states that the manager is obliged to apply to the court for insolvency himself if signs of insolvency are detected.
The question arises whether the manager has the right to make a decision on bankruptcy, because in fact it is subordinate to the owner of the property - the municipality.
In practice, this situation is resolved as follows: the manager sends a report or statement to the owner that signs of bankruptcy have been detected. And he decides whether to start the procedure or not, issuing an appropriate order. The decision is made by the owner, and the application to the court is submitted on behalf of the head of the municipal unitary enterprise.