2026-08-25 · 16 min read
Print PDF (firm letterhead)Subsidiary liability for directors and controlling persons is often postponed until the company is still solvent — which is why the impact feels sudden at insolvency.
Courts look at control, decisions, asset movements, the moment of objective insolvency, documents and correspondence — economic reality, not only the EGRUL record.
What reduces risk early: transparent corporate history, minutes, economic rationale for decisions, timely reaction to insolvency signals, and a separate counsel mandate.
What worsens it: destroyed files, contradictory explanations, transactions without consideration, ignoring creditor claims.
The right moment for an affluent client is before a separate dispute opens: risk audit, control map, negotiation or litigation strategy.
No outcome is guaranteed — professional risk assessment and evidence discipline distinguish mature defence from improvisation.
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