Author

Andrey Bogdanov

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Andrey Bogdanov is an associate in the Moscow office of Baker McKenzie. Andrey has experience in domestic/international litigation with a strong focus on insolvency and restructuring disputes, cross-border insolvencies and asset tracing matters. The Legal 500 has recognized Andrey as a key lawyer in restructuring and insolvency disputes and in domestic litigation.

1. Introduction As in other jurisdictions, Russia’s insolvency legislation is based on the pari passu principle. However, this principle is subject to certain exceptions, specifically with respect to shareholders and other non-arm’s length creditors, such as the controlling persons of an insolvent company (“Affiliated Creditors”). In practice, Affiliated Creditors use other instruments (e.g. loans, intergroup supplies etc.) to have their claims listed in the creditors’ register of an insolvent company. First, this enables such creditors…