1. Upon receipt of a ruling of an arbitration court on the acceptance of an application for declaring a debtor bankrupt, in which the candidate for an arbitration manager is indicated, or the minutes of the meeting of creditors on the selection of a candidate for an arbitration manager, the declared self-regulatory organization of arbitration managers, of which the chosen arbitration manager is a member, shall submit to court of Arbitration information on the compliance of the specified candidate with the requirements provided for and 20.2 of this federal law.

In case of receipt of an arbitration court ruling on accepting an application for declaring a debtor bankrupt, which does not indicate the candidacy of an arbitration manager, or the minutes of the meeting of creditors on the choice of a self-regulatory organization, the declared self-regulatory organization presents a candidate for an arbitration manager from among its members who have expressed their consent to be approved by the arbitration court in the case about bankruptcy.

The declared self-regulatory organization is not entitled to nominate a candidate for an arbitration manager who does not have access to state secrets of the established form, if the presence of such access is prerequisite approval by the arbitration court of the arbitration manager.

2. Debtor and territorial authority federal body executive power in the field of ensuring security, respectively, within two days and seven days from the date of receipt of the ruling of the arbitration court on the acceptance of the application for declaring the debtor bankrupt, they must submit to the arbitration court and the declared self-regulatory organization arbitration managers information on the form of access to state secrets of the head of the debtor and the degree of secrecy of information that is circulated at the debtor's enterprise, or on the absence of such access or such information.

3. The declared self-regulatory organization of arbitration insolvency practitioners is obliged to ensure free access of interested persons to the procedure for selecting a candidate for arbitration insolvency practitioner.

The decision to nominate a candidate for an arbitration manager is made by the declared self-regulatory organization on a collegiate basis.

4. Not later than within nine days from the date of receipt of the ruling of the arbitration court on the acceptance of the application for declaring the debtor bankrupt or the minutes of the meeting of creditors on the selection of a candidate for an arbitration manager, the declared self-regulatory organization of arbitration managers sends it to the arbitration court, to the applicant (meeting of creditors or representative of the meeting of creditors) and to the debtor information on the compliance of the candidate of an arbitration manager with the requirements provided for and 20.2 of this Federal Law, in a manner that ensures delivery within five days from the date of sending, or provides a candidate for an arbitration manager, as well as, if necessary, information on whether the bankruptcy manager has access to state secrets.

The declared self-regulatory organization is responsible for providing false information about arbitration managers.

The replacement of the candidature of an arbitration manager or a self-regulatory organization specified in the application for declaring the debtor bankrupt is allowed at the request of the applicant until the date of sending to the declared self-regulatory organization of the ruling of the arbitration court on accepting the application for declaring the debtor bankrupt or the minutes of the meeting of creditors on the selection of the candidacy of the arbitration manager.

5. Based on the results of consideration of the information submitted by the self-regulatory organization of qualified receivers on the compliance of the candidate for qualified receiver with the requirements provided for in paragraphs 2-4 of Article 20 (including the requirements established by the self-regulatory organization of qualified receivers as conditions for membership in it) and Article 20.2 of this Federal Law, or a candidate for an insolvency practitioner, the arbitration court approves an insolvency practitioner who meets such requirements.

If the self-regulatory organization of qualified receivers provides information on the non-compliance of the candidate of the qualified receiver with the requirements provided for in Article 20.2 of this Federal Law, as well as information on the lack of sufficient competence, good faith and independence of the qualified receiver to conduct the procedure applied in the bankruptcy case, the arbitration court may take a decision to refuse to approve the candidacy of an arbitration manager in a bankruptcy case.

If the arbitration court approves the candidacy of the qualified receiver, in respect of which the self-regulatory organization of qualified receivers has provided the information specified in the second paragraph of this paragraph, the qualified receiver is obliged to conclude an additional contract of liability insurance of the qualified receiver and submit this contract to the arbitration court and to the self-regulatory organization of qualified receivers, of which he is a member, no later than within ten days from the date of his approval by the arbitration court. The amount of the sum insured under an additional contract of liability insurance of a qualified receiver must be no less than the amount of the compensation fund of the self-regulatory organization of qualified receivers as of the last reporting date preceding the date of approval of the candidate of a qualified receiver.

(see text in previous edition)

6. In the event that an arbitration insolvency practitioner has been released or suspended by an arbitration court from the performance of the duties assigned to him in a bankruptcy case and the decision on the choice of another arbitration insolvency practitioner or other self-regulatory organization of arbitration insolvency practitioners is not submitted by a meeting of creditors to the arbitration court within ten days from the date of release or removal of an arbitration manager, the self-regulatory organization, of which such an arbitration manager was a member, submits to the arbitration court, in accordance with the procedure established by this article, a candidature of an arbitration manager for approval in a bankruptcy case.

Simultaneously with the petition of the arbitration manager to release him from his duties in the bankruptcy case, the declared self-regulatory organization, of which the arbitration manager is a member, submits to the arbitration court a candidate for a new arbitration manager in the manner prescribed by this article, except for cases where the self-regulatory organization does not have arbitration managers who have expressed their consent to be approved by the arbitration court in the bankruptcy case. The self-regulatory organization notifies the arbitration court of the impossibility of presenting a candidate for an arbitration manager due to the absence of arbitration managers who have expressed their consent to be approved by the arbitration court in the bankruptcy case.

7. If the qualified receiver declared by the self-regulatory organization fails to submit to the arbitration court the candidature of the qualified receiver or information on the compliance of the candidate of the qualified receiver with the requirements provided for and 20.2 of this Federal Law, within fourteen days from the date of receipt of the ruling of the arbitration court on accepting the application for declaring the debtor bankrupt, or of the minutes of the meeting of creditors on the choice of an arbitration manager or a self-regulatory organization, the arbitration court postpones consideration of the issue of approving an arbitration manager in a bankruptcy case for thirty days. In this case, the applicant, as well as other persons participating in the bankruptcy case, have the right to apply for the approval of an arbitration manager in the bankruptcy case from among the members of another self-regulatory organization.

(see text in previous edition)

If within due date the applicant did not apply to the arbitration court with a petition, or the self-regulatory organization specified in such a petition did not provide information on the compliance of the candidacy of the arbitration manager with the requirements provided for

Not so long ago, Russia adopted such a long-awaited law on bankruptcy or insolvency of citizens. The process of bankruptcy of an individual is not easy, consists of several stages, and requires the indispensable participation of a financial manager. The process of recognizing an individual as financially insolvent is divided into three stages:

1. The sale of the debtor's property, carried out after it becomes obvious that there is no effect from the restructuring.
2. Restructuring of financial debts, which is initiated if the court considers the citizen's application not unfounded.
3. Settlement agreement, which can be reached at any stage of the bankruptcy procedure.

The financial manager is introduced into the case by the arbitration court immediately when considering the application of an individual for bankruptcy and recognizing it as not unfounded.

Financial manager for individuals in bankruptcy: rights, obligations, remuneration

Requirements for the subject Financial manager for individuals must be a professional crisis management. The legislation imposes quite strict requirements on it.

First of all, the subject must undergo training and internship. He must be a member of a self-regulatory organization (SRO).

A financial manager for individuals must periodically improve their qualifications, deduct contributions.

According to Art. 213.9 of the Federal Law No. 127, the requirement for a conclusion additional agreement on compulsory liability insurance for a financial manager for an individual does not apply. We are talking about an agreement related to the obligation of a person to compensate the risks to the participants in the procedure and other entities in case of improper performance or non-performance by the manager of the tasks assigned to him.

They are enshrined in paragraph 8 of Art.

Financial manager in case of bankruptcy of individuals: requirements, rights, obligations

Bankruptcy of an individual

The law defines three stages of this procedure. These include:

1. Debt restructuring.
2. Settlement agreement with creditors.
3. Sale of movable and immovable property of an individual.

Debt restructuring as a procedure is introduced after the recognition of the application of an individual as justified.

The sale of property can be carried out if the debt restructuring has not yielded results. In this case, the citizen is declared bankrupt.

The settlement agreement can be signed at any stage of the procedure. The concept of a financial manager Status So, a financial manager in case of bankruptcy of individuals comprehensively accompanies all stages of this procedure, that is:

1. Evaluates the financial capacity of the debtor.

Financial manager in the bankruptcy procedure of citizens

The financial manager is one of the key figures in bankruptcy cases, and without him, the procedure for declaring an individual insolvent will not take place. He becomes a kind of intermediary between creditors and the debtor and is called upon to maintain a balance of their interests.

The range of duties of the manager in cases of bankruptcy of individuals is very extensive. Here are just some of the components of his work: How to find a financial manager? What criteria should be taken into account in the first place? First, it's experience. The submitted list contains an indication of the date of registration of the financial manager. It is logical to assume that the presence of a long work experience directly affects the level of professionalism.

On the other hand, usually, the longer a specialist works, the higher the cost of his services.

financial manager

in case of bankruptcy of individuals - a person who accompanies the bankruptcy procedure of a citizen in court. It is endowed with a wide range of powers, managing virtually all the property of a debtor citizen. in case of bankruptcy, this is the person with the consent of which all actions are carried out within the framework of the insolvency procedure.

Financial manager - rights and obligations when considering bankruptcy cases

A financial manager is an arbitration manager approved by an arbitration court to participate in a citizen's bankruptcy case.

Powers of the financial manager in case of bankruptcy of a citizen Who appoints the manager? What you need to know about a financial manager? Experienced specialists of our company will provide a full range of services within the framework of the bankruptcy procedure of a citizen, propose a candidate for an experienced financial manager and conduct a turnkey bankruptcy with the greatest possible consideration of your interests.

Special requirements are imposed by law on arbitration managers, who can only be a citizen of the Russian Federation with an appropriate legal education, who is a member of a self-regulatory organization of arbitration managers. The procedure for choosing a financial manager is as follows. The decision to approve for each citizen its own financial manager is taken by the arbitration court when considering the corresponding application for declaring the citizen bankrupt.

Let us clarify that the current legislation imposes on the applicant the obligation, when submitting an application to the court, to indicate

Financial manager in case of bankruptcy of individuals: what you need to know and is it required

Do I need a financial manager in case of bankruptcy of an individual? In simple words, the financial manager is an important link between the debtor, the Court of Arbitration and the creditors. The financial manager is appointed by the court from among the arbitration managers.

Without his participation, the bankruptcy of individuals is simply not possible. When filing a claim, a citizen must indicate the name of the self-regulatory organization (SRO) of arbitration managers, while a specific person does not need to be indicated, since the candidate is selected directly by the court.

Bankrupt individuals

BANKRUPT INDIVIDUALS Prepared by us step-by-step instruction Bankruptcy of Individuals is a series of articles that consistently describe the entire bankruptcy procedure. The arbitration or financial manager (with regard to the law on bankruptcy of individuals, these are synonyms) is the most important link in the bankruptcy procedure, and his participation in court case necessarily. Formally, you cannot influence the choice of a particular manager.

The bankruptcy law allows you to choose only a self-regulatory organization (SRO) of arbitration managers. Usually in large well-known organizations consists of at least 150 specialists. The AU gives its consent to the appointment of the procedure, and its approval is the prerogative of the court. But, in fact, a number of financial managers cooperate with specialized law firms, and, having concluded an agreement with one of them, you will most likely know which specialist will take up your case.

In practice, this happens as follows: 1.

The work of a financial manager in the bankruptcy proceedings of individuals

The bankruptcy procedure for individuals has been carried out since October 2015. Previously, only legal entities could be declared insolvent.

The arbitration manager is appointed only by the arbitration court. The procedure for appointing an arbitration manager depends on the bankruptcy procedure for which he is appointed.

• 1. When appointing an interim receiver, the arbitration court must observe the following sequence:
  • - at the first stage, the candidacy of the interim manager is determined from among the persons proposed by the creditors;
  • - in the absence of these proposals, the candidature of an interim manager is determined from among the persons registered with the arbitration court as arbitration managers;
  • - in the absence of persons registered with the arbitration court as arbitration managers, the candidacy of an interim manager is proposed by the state agency for bankruptcy and financial rehabilitation at the request of the arbitration court within a week from the receipt of the said request.

The debtor is not entitled to propose a candidate for an interim manager. When appointing an arbitration manager, the arbitration court has broad powers. If several persons apply for the position of an arbitration manager, the court has the right to choose one of them at its own discretion.

As a rule, an interim manager is appointed within three days from the date of filing a bankruptcy petition with the arbitration court, but this period can be extended up to ten days.

The interim manager acts from the moment of his appointment by the arbitration court and until the occurrence of one of the following legal facts:

• - introductions external management and appointment of an external manager. If, for example, external management is introduced, but for some reason an external manager is not appointed, the interim manager continues to work until the appointment of an external manager, but already as a person exercising the powers of an external manager;
• - adoption by the arbitration court of a decision on declaring the debtor bankrupt and on opening bankruptcy proceedings and appointing a bankruptcy trustee;
• - approval by the arbitration court of the settlement agreement;
• - adoption by the arbitration court of a decision to refuse to declare the debtor bankrupt.

The duration of the work of an interim manager depends on the period of observation. As a rule, this period is 3 months, but can be extended by no more than 2 months.

• 2. The law establishes a unified procedure for appointing an external and bankruptcy trustee. Just as with the appointment of an interim manager, in this case a certain sequence must be observed:
  • - the appointment of an external (competitive) manager is made by the arbitration court at the proposal of the meeting of creditors. The meeting of creditors approves the candidature of the external (bankruptcy) manager at the proposal of any of the bankruptcy creditors, tax or other authorized body, the debtor or the owner of the debtor's property - unitary enterprise. Thus, the candidature of an external (competitive) manager cannot be proposed by other persons, in particular, by the founders (participants) of the debtor - legal entity(with the exception of cases where the latter are creditors for obligations not arising from their participation in authorized capital debtor), creditors of the first and second priority. The nominee that receives the largest number of votes of the creditors present at the meeting shall be deemed to be proposed to the arbitration court for appointment. The very procedure for nominating a candidate for an external (competitive) manager for approval by the meeting of creditors is not regulated by the Law. It turns out that directly at the meeting of creditors, authorized persons can nominate candidates for an external (competitive) manager.
  • - in the event that the meeting of creditors has not presented any candidate for an external (bankruptcy) manager, the arbitration court shall appoint an external (bankruptcy) manager at the proposal of other persons participating in the bankruptcy case (including at the proposal of the debtor), or from among the persons registered in the arbitration court as arbitration managers;
  • - in the case when no candidate for an external (bankruptcy) manager has been presented and it is not possible to appoint an external administrator (bankruptcy) from among the persons registered with the arbitration court as arbitration managers, the arbitration court shall appoint an external (bankruptcy) manager from among the candidates proposed government agency for bankruptcy and financial recovery.

A person who exercised the powers of an interim manager may be considered as a candidate for an external manager (competitive manager).

The law allows the rejection of the proposed candidate for an arbitration manager only if it does not meet the requirements of the law. The arbitration court is not entitled to reject the proposed candidacy of an arbitration manager on grounds not based on the Law (for example, due to lack of experience certain work, unsatisfactory business and other personal qualities etc.).

3. The Bankruptcy Law decides on the early termination of the powers of an arbitration insolvency practitioner depending on the bankruptcy procedure for which the arbitration insolvency practitioner has been appointed. The general grounds for early termination of the powers of an arbitration manager is the revocation of his license.

The powers of an interim trustee may be terminated ahead of time at the initiative of the interim trustee himself, if there are valid reasons. Creditors at the monitoring stage cannot initiate early termination of the powers of an interim manager.

Early release of the external manager from the performance of his duties is possible in the following cases:

• - at the request of the external manager (unlike the interim manager, the external manager does not have to prove the presence of valid reasons);
• - based on the decision of the meeting of creditors, if the fact of non-performance or improper performance of the duties assigned to the external manager is proved (the decision of the meeting of creditors in this case must contain information about the candidacy of the new external manager);
• - in case of revealing circumstances that prevented the appointment of a person as an external manager (for example, when establishing facts indicating the presence of an interest of an external manager in relation to the debtor or creditor).

Early release of the bankruptcy trustee from the performance of his duties is possible only if the following conditions are simultaneously met:

• 1) if a meeting or a committee of creditors filed a petition with an arbitration court to remove the bankruptcy trustee from performing his duties and appoint a new bankruptcy trustee;
• 2) if the fact of non-fulfillment or improper fulfillment by the bankruptcy trustee of the duties assigned to him is proved.

Thus, an arbitration manager who duly performs the duties assigned to him cannot be removed from his position only if there is only one will of the creditors.

One has only to guess what the legislator was guided by when he established such different grounds for the early termination of the powers of the bankruptcy and external manager.

Art. 20 of the Bankruptcy Law gives the arbitration manager the right to file an application with the arbitration court for the early termination of the performance of his duties. Based on this, it seems that the arbitration manager, regardless of what bankruptcy procedure he acts in, can still be early released from the performance of his functions on his own initiative. This discrepancy between the general rule for bankruptcy trustees and the special rule for bankruptcy trustees can be explained by the low level of legal technique used in the Bankruptcy Law.

The question of whether the arbitration court, on its own initiative, has the right to remove the external or bankruptcy trustee from the performance of the duties assigned to him, remains rather controversial. The Supreme Arbitration Court of the Russian Federation gives a positive answer to this question. According to clause 7 of the annex to information letter Presidium of the Supreme Arbitration Court of the Russian Federation of August 7, 1997 N 20 "Review of the practice of application of insolvency (bankruptcy) legislation by arbitration courts" "the arbitration court, on its own initiative, has the right to appoint a new bankruptcy trustee if the previous trustee fails to fulfill his duties." It seems that such a conclusion is not based on the letter of the law.

The market economy creates conditions in which manufacturers of products, consumer goods, service providers enter into fierce competition. Not every enterprise can withstand the rapid pace of development, so some of them are forced to suspend their economic activities.

Dear readers! The article talks about typical solutions legal issues but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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The arbitration court, in the course of investigating the bankruptcy of legal entities, appoints an interim manager who manages its activities.

Basic moments

In a competitive market, there are enterprises with a high organization of labor, whose products are of excellent quality.

The procedure allows you to solve the most complex problems in the field of commercial activity, if used correctly. Its use does not always give the desired result.

But for individual business entities, it can become the only acceptable way out of a difficult situation.

For example, a bank commercial activity which is fundamentally different from the activities of entities engaged in production activities. By virtue of given reason the procedure for its bankruptcy is carried out in a different way.

The bank is declared bankrupt if:

In case of bankruptcy of a banking institution, bankruptcy proceedings immediately, bypassing the procedure for monitoring and financial recovery.

The interim manager has a great responsibility, since he must represent the interests of the bankrupt person during the monitoring phase.

It is introduced by the Arbitration Court 3 days after the receipt of the creditors' claim. The legislator has set a period of 3 months for its implementation. If necessary, it can be extended up to 5 months.

What it is

The concept of "bankruptcy" according to the definition of the Federal Law "On Insolvency (Bankruptcy)" means:

The fact of bankruptcy is established during the economic activity legal entity, the factors that led him to insolvency. The main purpose of the analysis is to find out its true financial condition.

The bankruptcy procedure consists of separate stages, during which a number of tasks are solved.

These include:

It should be noted that the maximum protection of the interests of the debtor himself, his creditors is achieved with a clear and correct implementation of certain stages of the bankruptcy procedure.

Who falls under the category

In accordance with the regulations, the bankruptcy of an individual means his insolvency.

During the procedure, the bankrupt person must develop an exit plan if the Arbitration Court has given him some time to make full payment of debts.

Individuals are declared bankrupt if:

As for legal entities, the legislator set the amount of debt for them at 300,000 rubles. The deadline for non-payment for both persons is the same.

Where to go

If signs of bankruptcy are revealed, legal entities should file an application with the Arbitration Court. He is authorized by the legislator to conduct bankruptcy cases for all economic entities, regardless of their legal status.

In addition to him, creditors, state bodies of various instances, extra-budgetary funds are endowed with the right to file a statement of claim to initiate proceedings against a bankrupt person. For example, the Federal Tax Service.

bankruptcy trustee in a bank

If a credit institution is declared bankrupt by the Arbitration Court, then bankruptcy proceedings are introduced for a period of one year.

It can be extended at the request of one of the participants in the bankruptcy case for six months, if he submits an appropriate forgiveness to the Arbitration Court. To carry out the procedure, he appoints a bankruptcy trustee.

The necessary conditions

The procedure for presenting claims by creditors is provided for in Federal Law No. 127-FZ.

They are entitled to submit their claims to the credit institution at any time in accordance with the provisions during which bankruptcy proceedings are carried out.

When submitting claims, the creditor is obliged to indicate, along with the essence of the claims, information about himself, including his last name, first name, patronymic, date of birth, details of his identity document, and postal address for sending correspondence (for an individual), name, location (for a legal entity), as well as Bank details(if available).

These requirements are presented to the bankruptcy trustee along with the application of the decisions of the court, the arbitration court that have entered into force, the rulings on the issuance of a writ of execution for the enforcement of decisions of the arbitration court or other judicial acts, as well as original documents or their duly certified copies confirming the validity of these requirements.

An interim manager is a person appointed by the Arbitration Court in order to ensure the safety of the property of a bankrupt person.

This definition is set out in the provisions of the Federal Law "On Insolvency (Bankruptcy)". The act was issued by the legislator on October 26, 2002 under the number 127-FZ.

Often, the candidate proposed by creditors for the position of an interim manager protects their interests, while infringing on the rights of a bankrupt person.

It is deprived of the right to choose a candidate in accordance with the provisions of Federal Law No. 127-FZ. It must meet the requirements set out in - the above act.

These include:

An interim manager is appointed for the period of the supervision procedure. His authority ends after the introduction of the procedure of external management, when there is a change of managers.

It should be noted that an interim manager in case of bankruptcy of individuals is appointed before the introduction of bankruptcy proceedings.

As a rule, the term of his office directly depends on the corresponding stage, which is carried out in a given period of time.

If the interim manager fails to cope with his duties, cannot fulfill the obligations assigned to him, then the Arbitration Court has every right to appoint another person in his place.

A candidate for the position of interim manager may reject his candidacy if he has grounds for that. He must apply to be relieved of his duties as interim manager.

It is submitted to the Arbitration Court, which, if available, good reason appoints another person.

What functions does

The repayment of debts according to the claims presented by creditors is carried out on the basis of the priority established by the legislator.

Out of turn, payments are made for obligations identified in the course of bankruptcy proceedings, legal costs, and expenses for the publication of information.

Appointed by

The choice of a candidate for the position of an interim manager remains with the creditors.

But the Arbitration Court must approve the selected candidate, if it considers it suitable for the observation stage.

He may appoint an interim manager from among the arbitration managers if there is no suitable candidate.

The arbitration court sends a request to the state body dealing with bankruptcy and financial recovery. He submits proposals on candidates for consideration by the court within one working week.

At the same time, a prerequisite is legal status, that is, the interim manager must be a natural person. The procedure for approving a candidate is provided for in Federal Law No. 127-FZ.

What powers

The interim manager must be directly involved in the bankruptcy case.

The legislator endowed the interim manager with special powers to exercise control over the economic activities of the bankrupt person.

The powers of an interim manager consist of his rights and duties simultaneously. He can at any time file an application with the Arbitration Court if the alleged bankrupt has made any transactions without notice in the manner prescribed by the legislator.

To perform legal actions, you must obtain the consent of the interim manager, which is drawn up in writing.

The consent of the interim manager is required for certain actions.

These include:

Rights and obligations

The interim manager is endowed with certain rights and obligations that must be observed during the implementation of the bankruptcy procedure.

He has the right:

Simultaneously with the granting of certain rights, the legislator assigned certain duties to the interim manager.

These include:

Upon the final completion of the supervision procedure, the interim manager must submit a report to the Arbitration Court.

Video: arbitration manager

Special nuances

In accordance with the norms of legislative acts, an interim manager in case of bankruptcy of a legal entity shall carry out its activities until the introduction of external management.

In the course of its implementation, an external manager is appointed, to whom the temporary transfers the bankruptcy case with the full documentation that was collected during the supervision.

At its core, the bankruptcy of a legal entity is its insolvency, which has arisen before creditors and government bodies, off-budget funds due to lack of funds.

In some cases, it pays off creditors at the expense of the proceeds from the property.

It should contain information regarding:

The legislative framework

Questions regarding the bankruptcy of legal entities and individuals are regulated by a number of legislative acts.

They provide for the procedure by which the bankruptcy procedure is carried out, the circle of persons entitled to file a claim is determined.

The federal law:

Article 127 1. When making a decision on declaring a debtor bankrupt and on initiating bankruptcy proceedings, the arbitration court approves the bankruptcy commissioner in the manner provided for in Article 45 of this Federal Law, and the amount of the bankruptcy commissioner's remuneration, on which it issues a ruling. The said ruling is subject to immediate execution and may be appealed.

2. The bankruptcy trustee acts until the date of completion of the bankruptcy proceedings.
Commentary on Article 127
1. When making a decision on declaring a debtor bankrupt and initiating bankruptcy proceedings, the arbitration court shall appoint a bankruptcy trustee. One of the main figures in bankruptcy proceedings is the bankruptcy trustee, since, in accordance with paragraph 2 of Art. 126 of the Bankruptcy Law, from the date the arbitration court decides to declare the debtor bankrupt and to open bankruptcy proceedings, the debtor's management bodies are suspended from performing almost all of their functions. He performs the functions of managing and disposing of the debtor's property and the rights and obligations of the head and other bodies of the debtor, as well as the owner of the debtor's property - a unitary enterprise, are transferred to him within the limits, in the manner and on the conditions established by the Law.
The bankruptcy trustee is appointed in the manner provided for in Art. 45 of the Law. In accordance with this article, after receiving a request for the nomination of candidates for an arbitration manager, the declared self-regulatory organization draws up a list of its members who have expressed their consent to be approved by the arbitration court as an arbitration manager and who, to the greatest extent, satisfy the requirements for the candidacy of an arbitration manager contained in the said request (hereinafter referred to as the list candidates). Three candidates must be indicated in the list of candidates, arranged in decreasing order of their compliance with the requirements for the candidacy of an arbitration manager contained in the request, and if these requirements are equal, taking into account their professional qualities.
In case of receipt of a request that does not contain requirements for the candidacy of qualified receivers for the nomination of candidates for qualified receivers, the declared self-regulatory organization selects candidates for qualified receivers from among its members who have expressed their consent to be approved by the arbitration court as qualified receivers. The list of candidates must include three candidates in order of decreasing level of their professional qualities.
The declared self-regulatory organization is obliged to ensure free access of interested persons to the procedure for selecting candidates for arbitration managers.
The decision to include arbitration managers in the list of candidates is made by the declared self-regulatory organization on a collegiate basis.
The declared self-regulatory organization no later than five days from the date of receipt of the request for the nomination of candidates for an arbitration insolvency practitioner, containing the requirements for the candidacy of arbitration insolvency practitioners, sends a list of candidates containing information about the professional qualities of arbitration insolvency practitioners and a reasoned opinion on their compliance with the requirements for the candidacy of an arbitration insolvency practitioner, to arbitration court, the applicant (the meeting of creditors or the representative of the meeting of creditors) and the debtor.
The debtor and the applicant (representative of the meeting of creditors) have the right to reject one candidate each from the arbitration managers indicated in the list of candidates. The remaining candidacy is approved by the arbitration court, except in cases where violations of the selection procedure or non-compliance of the selected candidate with the requirements of Art. 20 of the Bankruptcy Law.
If the debtor and (or) the applicant (representative of the meeting of creditors) did not use the right of challenge, the arbitration court appoints a candidate occupying a higher position in the list of candidates submitted by the declared self-regulatory organization.
If the list of candidates declared by the self-regulatory organization fails to submit to the arbitration court within five days, the arbitration court shall apply to the regulatory body, which is obliged, within seven days from the date of receipt of the application of the arbitration court, to ensure that the list of candidates is submitted by other self-regulatory organizations from among those included in the unified state register of self-regulatory organizations of arbitration managers .
At the same time, within a year from the date of entry into force of the Bankruptcy Law, the approval of the candidature of the arbitration manager, in particular the bankruptcy trustee, is carried out in the manner prescribed by Art. Art. 15 and 45 of the Bankruptcy Law, or the meeting of creditors may determine and submit to the arbitration court three candidates for arbitration managers. At the same time, the debtor has the right to declare a challenge to one of the submitted candidates, and the regulatory body - an exclusively motivated challenge to one or more candidates if they do not meet the requirements of paragraph 4 of Art. 231 of the Bankruptcy Law. In cases where the head of the debtor is removed from office, the right to challenge one of the candidates for an arbitration manager is exercised by a representative of the founders (participants) of the debtor or by a representative of the owner of the debtor's property - a unitary enterprise, and not by the relevant arbitration manager. The arbitration court will approve the candidacy of the arbitration manager, in respect of which no challenge has been filed. In case of replacement of an arbitration manager in cases, proceedings on which were initiated before the entry into force of the Bankruptcy Law, the appointment of a new arbitration manager must also be carried out in the manner set out above. The decision to appoint a bankruptcy trustee is subject to immediate execution and may be appealed in the manner prescribed by Part 3 of Art. 223 APC RF.
Under the Bankruptcy Law of 1998, the arbitration court, at the request of the bankruptcy trustee, approved by the meeting of creditors or the committee of creditors, was entitled to appoint several bankruptcy trustees. The bankruptcy law now does not provide for such a possibility, although the need to appoint several bankruptcy trustees may arise, in particular, in cases where part of the debtor's property is located abroad, the debtor's property is located in different regions of the country, or the administrator has a long illness.
2. Remuneration to the bankruptcy trustee for the exercise of his powers is established in accordance with Art. 26 of the Law. Practice has shown that the amount of the manager's remuneration, as a rule, is equal to the salary of the head of the debtor organization. At the same time, the amount of the bankruptcy trustee's remuneration, of course, depends on a number of factors, in particular, on the complexity and scale of the work to be done, the debtor's location, and the debtor's property. The amount of remuneration to the bankruptcy trustee is set in rubles in a fixed amount and approved by the arbitration court. In this case, the arbitration court assesses the validity of the amount of remuneration. Since the amount of the specified remuneration is approved by the arbitration court, it seems possible for the arbitration court to reduce this remuneration if it is disproportionate, in particular, to the entire property of the debtor, but up to 10 thousand rubles. The bankruptcy trustee receives remuneration for each month of exercising his powers, and the amount of the monthly remuneration is determined by the meeting of creditors with subsequent approval by the arbitration court, unless otherwise established by the Bankruptcy Law, and it must be at least 10 thousand rubles. The amount of remuneration of the bankruptcy trustee in case of bankruptcy of the absent debtor is determined by the Government Russian Federation(Clause 2, Article 227 of the Law). In case of dismissal of an arbitration manager due to non-fulfillment or improper fulfillment of the duties assigned to him, remuneration may not be paid. The specified remuneration shall be paid at the expense of the debtor's property, unless otherwise provided by the Bankruptcy Law, the meeting of creditors or the agreement of creditors.
3. The bankruptcy trustee performs his functions until the completion of bankruptcy proceedings, i.e. before the date of making an entry on the liquidation of the debtor in the unified state register of legal entities.

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