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Interested Persons in Russian Insolvency: Article 19, Evidence and Consequences

Article 19 of Insolvency Law No. 127-FZAn “interested person” in Russian insolvency is a statutory status, not merely someone affected by the outcome. It covers specified group and affiliated relationships, management positions and family connections. The status does not itself prove invalidity or liability, but it changes disclosure, evidentiary scrutiny and the assessment of knowledge about financial distress.
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Statutory list

Article 19 identifies group companies, affiliates, managers and specified relatives.

Factual connection

The court may examine real influence and aligned interests beyond formal registry entries.

No automatic fault

Kinship or affiliation does not replace proof of the elements of a particular claim.

Who may be an interested person

ConnectionExampleEvidence
Group or affiliationParent and subsidiary, common controlOwnership, voting, contracts and actual influence
Debtor managementDirector, board member, executive body or chief accountantCurrent role and the one-year pre-case period
Individual debtorSpouse and relatives listed by Article 19Civil-status evidence and the substance of the transaction
Administrator or creditor connectionGroup or family link where the law makes it relevantIndependence, conflict and proper disclosure
Three concepts must remain separate. A statutory interested person, an affiliate and a controlling person may overlap, but control requires the ability to determine the debtor’s conduct.

Why the status matters

01

Transaction challenges

Interest may support statutory presumptions, but the court still establishes every element of Article 61.2 or 61.3.

02

Proof of claims

An intra-group loan is tested for reality, funding source, economic reason and crisis conduct.

03

Creditor voting

Good faith and conflict may be examined, while voting rights still follow the nature and admission of the claim.

04

Liability

Interest is not control and creates no secondary liability without the required legal facts.

Evidence and disclosure plan

Map the persons

List shareholders, directors, beneficiaries, relatives and changes during the relevant period.

Collect formal records

Obtain registry extracts, minutes, powers of attorney, accounts and admissible civil-status evidence.

Test factual links

Compare addresses, staff, payments, communications, projects and funding sources.

Classify the relationship

Analyse Article 19, factual affiliation and control under Article 61.10 separately.

Connect it to the issue

Explain whether the link proves knowledge, unusual terms, funding reality or conflict.

Avoid labels without proof

Identify the exact statute, period and legally material fact for each allegation.

Transactions and creditor claims

Article 61.2(2) allows a transaction intended to harm creditors to be challenged where all statutory conditions are met. Dealings with an interested person may participate in presumptions concerning purpose and knowledge, but the outcome depends on timing, insolvency, harm and evidence.

Article 61.3 concerns preference: it asks whether one creditor received more than it would under statutory priority and, in the relevant period, whether it knew of distress. Affiliation therefore does not replace correct legal classification.

Frequently asked questions

Is every relative interested?

No. Article 19 contains a defined family list for an individual debtor. Other consequences require their own factual analysis.

Is an affiliated claim automatically rejected?

No. The court tests the underlying debt, funding source, economic purpose and crisis conduct.

Is interest the same as control?

No. Control requires the ability to determine the debtor’s conduct.

Is every deal with a director invalid?

No. A transaction is challenged only when the elements of a statutory ground are proven.

Should connections be disclosed voluntarily?

Material connections and supporting records should be disclosed early; concealment damages credibility and good-faith assessment.

Primary legal sources

Related guides

Claim subordination · Secondary liability · Transaction challenges

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