Which court handles corporate bankruptcy?
Article 33(1) of Law No. 127-FZ connects the case with the legal entity’s location. Article 38(4) of the Commercial Procedure Code establishes exclusive territorial jurisdiction: the bankruptcy application goes to the commercial court for the debtor’s address. This applies whether the company or a creditor files.
Do not choose solely by where a contract was signed, the creditor’s location or performance of the obligation. Such factors may matter for an ordinary claim, but bankruptcy is a separate collective case. A contract selecting a convenient court does not override exclusive bankruptcy jurisdiction. Article 33 also prohibits referring the bankruptcy case itself to a private arbitral tribunal.
Using the Russian company register
Civil Code Article 54 distinguishes the location—the locality of state registration—from the address within that location entered in EGRUL, Russia’s register of legal entities. Registration normally relates to the permanent executive body. Identify the debtor by its tax identification and state registration numbers: matching names do not establish that it is the correct company.
Obtain a current extract and match the address to the relevant commercial court’s territory. Recent relocation requires a chronology of register entries. An old contract screenshot or retail outlet address is insufficient. Changing a street within one city and moving to another region may have different jurisdiction consequences.
| Situation | Reference point | Incorrect substitute |
|---|---|---|
| Location in Moscow | Commercial Court of the City of Moscow | The regional court because of a warehouse outside Moscow |
| Location in Moscow Region | Commercial Court of Moscow Region | The city court because the creditor has a Moscow office |
| A branch in another region | The debtor entity’s own location | Treating the branch as a separate debtor |
| The first application already accepted | Check existing bankruptcy proceedings | Starting another case at the new address |
Hypothetical example. An LLC is registered in Khimki, its creditor is in Moscow and its warehouse is in Tula. Absent special circumstances, its bankruptcy application goes to the Commercial Court of Moscow Region. This illustrates the general rule, rather than a reported decision.What happens when the company relocates?
Paragraph 8 of Supreme Commercial Court Plenum Resolution No. 35 distinguishes changes before and after proceedings begin. If the court discovers after opening the case that relocation occurred earlier and jurisdiction belongs elsewhere, Article 39(2)(3) requires transfer.
If the location changes after proceedings begin, Article 39(1) applies: a case correctly accepted remains with the original court. Relocation alone does not permit parallel bankruptcy proceedings. Paragraph 7 of Resolution No. 35 associates opening the case with acceptance of the first application, rather than the later bankruptcy declaration.
For a disputed situation, construct the sequence: register entry, application arrivals, first acceptance order and subsequent address change. A difference of days cannot be replaced by saying the company is now in another region. Assess separately the original acceptance grounds and evidence submitted to the court.
Jurisdiction errors: return or transfer
At acceptance, lack of territorial jurisdiction may lead to return under Article 129, taking account of the special bankruptcy procedure. Return is ordered by the court, permits refiling after the obstacle is removed and may be appealed. Read the reasons: an address-related return and leaving an incomplete application without progress are different procedural questions.
Where a case has already been accepted and a jurisdiction breach is discovered, Article 39 governs transfer. The court issues an order; paragraph 5 provides a ten-day appeal period. The receiving court must accept the transferred case, and jurisdiction disputes between courts are prohibited. Transfer concerns the proper court rather than proof of insolvency and should not be confused with a final refusal of bankruptcy.
What to check before applying
- 1. Identify the debtor
Tax and registration numbers, current EGRUL extract. - 2. Reconcile the history
Dates of location and address changes. - 3. Check proceedings
Has the first application already been accepted? - 4. Prepare the explanation
The proper court, dates and supporting records.
Keep the extract, registration chronology, existing case orders and proof of sending copies. A jurisdiction objection should identify a date and rule, rather than convenience of attendance. Court selection does not replace checking claim amounts, standing and mandatory preliminary steps.
The remaining documents depend on the applicant: see the company’s own application and creditor’s application. Individuals have a separate personal bankruptcy jurisdiction guide.
Frequently asked questions
Can a contract select the bankruptcy court?
A contract clause does not replace exclusive bankruptcy jurisdiction under Article 38.
Does a warehouse in another region change the court?
A warehouse address alone does not change the general debtor-location rule. Check EGRUL and the case circumstances.
Do Moscow and Moscow Region share one court?
No. They have separate commercial courts. Establish which territory covers the debtor’s address before filing.
Does moving after acceptance transfer the case?
Where it was initially accepted with proper jurisdiction, Article 39(1) keeps it with the original court.
Does return mean bankruptcy is impossible?
No. Jurisdiction-related return concerns court selection. Refiling is possible after removing the obstacle; bankruptcy conditions are assessed separately.
Legal sources
- Law No. 127-FZ, Article 33.
- Commercial Procedure Code, Article 38(4).
- Civil Code, Article 54.
- Plenum Resolution No. 35, paragraphs 7–8.
- Commercial Procedure Code, Article 39.
- Commercial Procedure Code, Article 129.
Check the court before filing
Prepare an EGRUL extract, relocation details and case numbers. A consultation can assess jurisdiction and the application documents.
Discuss the application →