In the corporate sequence it follows supervision and differs from external administration: the director is not replaced by an external administrator. See the full corporate bankruptcy guide.
Two years.
A rehabilitation plan and debt payment schedule.
The administrative manager and creditors’ meeting.
Financial rehabilitation is a reorganisation procedure in a Russian corporate bankruptcy. The company continues operating under its existing management while following a court-approved debt repayment schedule under the supervision of an administrative manager and the creditors.
Term
No more than two years. The arbitrazh court order specifies the exact term and repayment schedule.
Management
The director normally remains in office, but material actions are restricted and supervised.
Foundation
A realistic repayment schedule; where security is provided, its amount, type and providers are identified.
When financial rehabilitation is introduced
The arbitrazh court normally introduces the procedure on the basis of a creditors’ meeting decision. The company’s participants, the owner of a unitary enterprise or third parties may initiate it. The court approves an administrative manager and the repayment schedule at the same time.
Creditors need more than a general promise to preserve the business. They should see supported cash flows, dates, funding sources, security and an ability to fund current operations without creating further arrears.
How it differs from external administration
| Criterion | Financial rehabilitation | External administration |
|---|---|---|
| Company management | The debtor’s management bodies remain in office, subject to restrictions | The director’s powers cease and pass to the external administrator |
| Main document | Repayment schedule and, where there is no security, a rehabilitation plan | External administration plan |
| Maximum term | Two years | 18 months, with a possible extension of no more than six months |
| Core task | Pay registered claims on schedule while continuing operations | Restore solvency after transferring management |
| Supervision | Administrative manager and creditors | External administrator, creditors and court |
For the other procedure, see our guide to external administration in Russian bankruptcy.
The repayment schedule and rehabilitation plan
Once the court approves the schedule, the debtor must make payments on its dates. All registered claims must be paid no later than one month before the end of rehabilitation, while first- and second-priority claims must be paid no later than six months after the procedure begins.
Payments must be proportionate and follow the statutory priority. The debtor may perform the schedule early. Where the scheduled obligations are not secured, a rehabilitation plan explaining how payment is possible must be prepared.
Security for the schedule
Performance may be secured by a pledge, a bank, state or municipal guarantee, a surety or another method permitted by law. The documents should identify the secured obligations, amount and terms of liability.
If the debtor is more than five days late, the administrative manager demands performance from the security providers. Funds received from them go to the debtor’s account for creditor distributions. Security is therefore not risk-free for a surety or pledgor and the exposure should be assessed before it is granted.
Effects of opening the procedure
- registered claims may be pursued only through the statutory bankruptcy process;
- earlier interim measures are cancelled and enforcement is generally suspended, subject to statutory exceptions;
- dividends, profit distributions, share buybacks and payments to withdrawing participants are prohibited;
- set-off and other discharge methods must not disturb priority or prefer one creditor;
- penalties and default interest on registered claims stop accruing and are replaced by statutory interest;
- post-petition claims remain under a separate regime and should be paid on time.
Director’s powers and transaction restrictions
The director continues to manage the company but cannot disregard the schedule or administrative supervision. Certain transactions require consent from the creditors’ meeting or committee or from the administrative manager. Restrictions may cover asset disposals, new borrowing, guarantees, assignments and reorganisation.
If the plan is improperly performed or creditor rights are infringed, the court may remove the director on an application by an authorised participant. Decisions should therefore be documented and checked against the schedule and procedural restrictions.
The administrative manager’s role
The administrative manager maintains or supervises the creditors’ register, calls meetings, monitors the schedule and plan, checks post-petition payments and provides creditors with information on the debtor’s finances.
The manager does not replace the director in day-to-day operations but may demand records, consent to transactions where required and apply to the court in case of violations.
Risks for the company and creditors
- Company: a new cash shortfall or schedule default may lead to early termination.
- Creditors: unsupported forecasts may waste time and reduce asset value.
- Security providers: a schedule default may require them to perform for the debtor.
- Directors: violating restrictions or creditor interests may lead to removal and later liability claims.
Early completion and later outcomes
If the debtor pays the claims early, it submits a report and supporting documents for early completion. If the schedule is materially breached or rehabilitation is no longer realistic, creditors and the court consider terminating the procedure.
The court may terminate the case after claims are paid, introduce external administration or declare bankruptcy and open competition proceedings. The parties may also consider a bankruptcy settlement if the statutory conditions are met.
Frequently asked questions
Does the director remain in office?
Usually yes. Management bodies retain their powers but operate under statutory restrictions and administrative supervision.
Is a rehabilitation plan always required?
A plan is prepared where performance of the repayment schedule is not secured. The court-approved repayment schedule is an essential part of the procedure.
What happens if the schedule is missed?
If the delay exceeds five days, the manager demands performance from the security providers. A breach may also support amendment or early termination of the procedure.
Does financial rehabilitation guarantee that the company survives?
No. The outcome depends on cash flow, the quality of the schedule, post-petition payments and participant discipline. Failure may lead to liquidation proceedings.
Official sources
- Article 80: introduction and term
- Article 81: effects of the procedure
- Article 84: plan and repayment schedule
- Article 89: performance by security providers
Related materials
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