Making a decision contrary to information known to the director at the time of the action and clearly indicating that such a transaction is unprofitable for the company.
Failure to take steps to obtain complete information that is required to be collected when dealing with matters of this nature.
Conducting a transaction without obtaining the necessary approvals (from the legal department, economic department, etc.), if they are provided for by the charter.
Let us note once again that the very fact of causing losses to the company does not yet indicate the director's culpable behavior. Any business is associated with risks, so damage can be caused by the unfair behavior of counterparties, changes in the economic situation, political events, etc.
Liability for bankruptcy of a legal entity
Subject: managers and participants of the company.
Responsibility: administrative or criminal.
Regulatory legal acts: Criminal Code of the Russian Federation, Code of Administrative Offenses of the Russian Federation.
The most serious consequence of ineffective management of a company is its bankruptcy. In this case, the participants of the legal entity bear subsidiary responsibility for the company's obligations. If the manager commits guilty actions that lead to bankruptcy (for example, concealment of property), criminal liability is possible. The article establishing liability for deliberate bankruptcy provides for punishment of up to 6 years of imprisonment, or up to 5 years of forced labor, or a fine of up to 500 thousand rubles.
In practice, company teacher database bankruptcy very rarely ends with the guilty parties being held criminally liable. In 2020, only 15 people were convicted under the relevant article of the Criminal Code of the Russian Federation, although over 200,000 bankruptcy cases were pending in arbitration courts during the same period. On July 12, 2021, amendments were made to Article 196 of the Criminal Code of the Russian Federation, which toughen the liability for intentional bankruptcy by a controlling person or group of persons. In this case, the maximum term of imprisonment will be 7 years, and the fine will be up to 5 million rubles. Thus, this crime is serious.
In recent years, government agencies have been paying close attention to combating economic crimes, especially in the area of evading mandatory payments. The professional level of investigative workers is also increasing. Significant assistance is provided by the participants in criminal schemes themselves, who, when assisting the investigation, have the right to expect mitigation of liability or complete exemption from punishment.
Now you know what a business co-founder does. The need for one may arise for various reasons: receiving investments, lack of experience and resources, etc. Before you start looking for a partner, you need to clearly understand what functions he will perform and what qualities he should hav