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г.Новосибирск

Debts of the tea company collected from the owner

15.06.2022

The debts of the tea company were collected from the owner.

The corresponding decision was made by the Arbitration Court of the Krasnodar Territory. The debts of the limited liability company Trading House "Matsesta Tea Since 1947" in the amount of about 25 million rubles were collected from the owner, a well-known Krasnodar businessman Konstantin Turshu, in order to bring to subsidiary liability.

The institution of subsidiary or additional liability allows creditors to recover debts from a person who makes decisions binding on a legal entity and thus is responsible for its activities during bankruptcy proceedings. The trading house was declared bankrupt in 2020 and the last procedure, bankruptcy proceedings, has begun in relation to it, which involves the analysis by the bankruptcy trustee (who replaces the management of the legal entity) of the financial activities of the company, the sale of its property in order to pay off debts.

As part of the performance of his duties, the bankruptcy trustee of the TD filed a claim against a number of individuals (six in total) who took part in the management of the company in order to bring to subsidiary liability. So, Lidia Smolkova owns 10% of the authorized capital of the LLC (90% of the enterprise belongs to Konstantin Tursh), Alexander Bychkov served as the head of the Trading House for a certain time. However, the Arbitration Court dismissed the claim in this part and brought only Tursha to subsidiary liability.

When analyzing the economic and financial activities of the enterprise, it turned out that a number of suspicious transactions had been made. It also turned out, based on reporting data, that in 2019 the revenue was only about 95,000 rubles, while the loss was about 10,000,000.

The trading house is part of the whole "tea holding" of Konstantin Turshu, he also owns shares in four more enterprises involved in the sale of tea. The Trading House itself was created for the wholesale trade of tea, coffee, cocoa and spices. It is this type of activity that is indicated in the Unified State Register of Legal Entities as the main one. The company was founded in 2014, and five years later the tax authorities initiated bankruptcy proceedings due to the formation of a debt in the amount of about 10,000,000 rubles.

Representatives of the businessman said that they intend to appeal against the decision of the court. Bringing executives and owners to subsidiary liability was previously reluctantly practiced by the courts and required serious evidence, but in recent years their position has changed.

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