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Bankruptcy of a Russian Principal Under a Mandate: Authority and Records

Short answerWhen a Russian principal under a mandate becomes bankrupt, the attorney should not continue under old instructions as usual. Authority, case status and the office-holder’s powers must be checked; property and documents must be accounted for, while expenses and remuneration are separate claims classified by time and basis.
01

Rights arise for the principal

Transactions made by the attorney in the principal’s name create rights and duties directly for the principal.

02

Authority needs a fresh check

Insolvency may change who can instruct and dispose of assets.

03

Accounts need evidence

Expenses, advances and remuneration require the agreement, report and source documents.

Mandate, power of attorney and insolvency

Article 971 of the Russian Civil Code covers legal acts made in the principal’s name and at its expense. The mandate agreement governs the internal relationship, while the power of attorney proves authority to third parties. Both must be reviewed after insolvency begins.

DocumentFunctionCheck
Mandate agreementTask, remuneration, expenses and reportingTerm, termination grounds and unfinished acts
Power of attorneyAuthority to third partiesTerm, revocation, scope and post-filing use
Report or actActual performanceDate, attachments, objections and acceptance
Transfer inventoryPrincipal’s money, records and propertyIdentification, balance and authorised recipient
Do not continue disposing of the principal’s assets on old oral instructions. Identify the person authorised to issue instructions in the specific procedure.

Action plan for the attorney

Check the case

Find court orders and notices; identify the procedure and office-holder.

Pause risky acts

Avoid new asset dispositions until authority is confirmed.

Prepare a report

List actions, results, expenses, money balance and documents held.

Transfer property correctly

Agree the recipient and method; use an inventory and keep proof.

File the monetary claim

Calculate remuneration and expenses separately by date and evidence.

Documents

  • mandate agreement, amendments and correspondence;
  • original powers of attorney and revocation information;
  • contracts and statements signed by the attorney;
  • reports, receipts and bank statements;
  • inventory of the principal’s property and documents;
  • court orders and EFRSB notices.

Frequently asked questions

Does bankruptcy automatically revoke authority?

There is no safe universal answer without the principal’s status and procedure. Representation and insolvency rules and court orders must be checked.

Who receives the records?

The person lawfully authorised in the procedure, documented by an inventory.

May expenses be claimed?

Yes if agreed and evidenced, but ranking depends on when and why they arose.

May an unfinished transaction simply be completed?

Only after authority, asset restrictions and valid instructions are verified.

Primary legal sources

Related guides

Bankruptcy of an agency principal · Checking an insolvency case

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