A job title is not a director
A chief accountant employed under a labour contract is not automatically the company’s sole executive body.
Powers matter more than title
Membership in a management board or actual control requires a separate restriction analysis.
Salary is disclosed
Employment income is reported in the case, while funds are retained for the debtor and dependants under applicable rules.
Roles that must be distinguished
| Role | What to check | Common mistake |
|---|---|---|
| Chief accountant as employee | Employment contract, job description and powers of attorney | Automatically treating the employee as a governing-body member |
| Member of a management board | Charter, appointment and board competence | Ignoring Article 213.30 management restrictions |
| Also serves as director | EGRUL entry and sole-executive powers | Calling a management function ordinary accounting work |
| Works for a financial institution | Sector-specific qualification and reputation rules | Applying general rules without regulatory review |
Four checks
Map actual powers
Review the employment contract, authority to sign, board membership and EGRUL records.
Check the sector
Banks, pension funds, insurers and other regulated entities may impose special business-reputation rules.
Disclose income correctly
Report salary, bonuses, compensation and deductions to the financial manager.
Document role boundaries
Job descriptions and written management decisions distinguish accounting from company control.
Consequences that actually apply
- bankruptcy must be disclosed when entering a new credit agreement for five years;
- participation in corporate management is restricted for statutory periods;
- credit, insurance and certain other organisations have special rules;
- ordinary employment and salary are not generally prohibited by bankruptcy law;
- employers may verify qualifications and documents within labour-law limits.
Salary during the procedure
Salary and bonuses are disclosed to the financial manager. Funds are excluded from the estate in the statutory amount, and justified family, medical or other essential costs may be addressed separately. Routing salary through a relative’s account does not change its ownership and creates unnecessary risk.
FAQ
Must every chief accountant notify the employer?
Law No. 127-FZ creates no universal duty for every employee. A duty may arise from sector rules, governing-body status or specific internal obligations.
Can the employee retain bank signing authority?
Signing authority does not always equal governing-body membership. The power of attorney and actual powers must be examined.
Is a chief accountant automatically a controlling person?
No. Article 61.10 focuses on the actual ability to determine the debtor company’s actions; the title is only one circumstance.
Can a person take a chief-accountant job after discharge?
Generally yes, if the role does not involve prohibited corporate management and no special sector rule applies.
Official sources
- Federal Law No. 127-FZ, Articles 61.10 and 213.30
- Russian Labour Code
- Federal Law No. 402-FZ on Accounting
- Federal Tax Service EGRUL register
Related guides: work after bankruptcy, controlling-person liability and salary during bankruptcy.
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