Company director liability lawyer
Have you received a request asking you to personally assume the debts of an insolvent company, or are you pursuing the filing of such a request? We analyze the grounds, the alleged facts, and the evidence. The existence of a company’s debt does not, by itself, prove the personal liability of the administrator.
Description
Attracting the administrator's liability in insolvency
Have you received a request asking you to personally assume the debts of an insolvent company, or are you pursuing the filing of such a request? We analyze the grounds, the alleged facts, and the evidence. The existence of a company’s debt does not, by itself, prove the personal liability of the administrator.
What legal assistance entails
- Verification of the application based on Article 169 of Law no. 85/2014 and of the persons concerned.
- Analysis of the facts, the damage and the causal link invoked.
- Organization of accounting tests and documents regarding the management of the company.
- Drafting of defenses or evaluation of the conditions for filing the application, including the procedural status.
- Assistance in the associated case file and analysis of the available measures or avenues of appeal.
Useful documents for consultation
The request and annexes, the subpoena, the reports of the insolvency practitioner, the company documents and available accounting documents. The period of the mandate, the handing over of the accounts, the received requests and the evidence of the responses are important. Specify the case number and the deadline for the defense.
Frequently asked questions
The administrator automatically responds if the company does not pay?
No. The claim must be analyzed in relation to the legal basis, the facts and the evidence. The insolvency liability regime is not synonymous with any debt of the company.
Is it the same procedure as for solidary fiscal responsibility?
No. A tax act and a request for the imposition of liability in insolvency may have different grounds and procedures. The document received establishes the starting point.
Accounting documents are missing. Can I still prepare the defense?
It specifies which documents exist, who holds them and what requests have been made. The lack or failure to submit documents can have important consequences and must be evaluated based on the specific situation.
Can any creditor submit the application?
Legal standing to bring the claim and the procedural requirements must be checked. Registration of a claim in insolvency does not automatically entitle a creditor to take every available procedural step.
Discuss the documents with a lawyer
Lawyer Constantin Andor, in the bar since 2000, law law office since 2007. We work contractually with lawyers and, depending on the nature of the case, with experts. The services and fees are determined by contract after the subject matter of the request is clarified. The outcome depends on the documents and evidence in the case file.
Call at 0732.710.701 · Contact us on WhatsApp · Contact form. In the first message, they mention the upcoming deadline; confidential documents are transmitted using the agreed-upon method.
