A special power of attorney is required to participate in creditors meeting
June 28, 2019

An arbitration manager in accordance with Article. 12 of the Federal Law "On Insolvency (Bankruptcy), appointed a meeting of creditors. Participants in the meeting of creditors with the right to vote are bankruptcy creditors and authorized bodies whose claims are included in the register of creditors 'claims as of the date of the creditors' meeting. Participants in the meeting of creditors participate in the meeting of creditors on the basis of documents confirming the powers of the participants in the meeting (power of attorney, passport, order to take office).

The debtor's bankruptcy creditor submitted a judicial power of attorney - namely, a power of attorney to represent the interests of the company in court. Authority to participate in the meeting of creditors of the debtor with the right to vote on the agenda items, with the right to sign an application for inclusion on the agenda of additional issues, the right to declare any objections at the meeting of creditors of the debtor and other powers in the power of attorney are missing.

The arbitration manager legally refused the debtor's bank creditor to participate in and vote on the agenda items of the meeting of creditors. Such a competitive creditor is entitled to attend a meeting of creditors, but without the right to vote. This information is reflected in the register of participants in the meeting of creditors, as well as in the protocol of the meeting of creditors.

Kristina Khitrova