The lawyer named the differences between the real bankruptcy of the developer and the withdrawal of assets

When a construction company declares bankruptcy, shareholders and partners immediately ask themselves: is this really a financial problem or an attempt to hide assets and evade responsibility? Anton Kozhevnikov, managing partner of the Strategy Law Firm, lawyer, and arbitration administrator, mentioned a number of signs that could tell a lot about what is happening on October 13 in an interview with Izvestia.

"Deliberate bankruptcy is a situation where a company deliberately brings itself to bankruptcy. For example, he enters into unprofitable transactions, transfers property to affiliated companies, or "sells" equipment at a reduced price to controlled entities. All this is being done to officially "go bankrupt", but at the same time keep valuable assets in other companies," the expert said.

According to Kozhevnikov, the financial analysis of the company helps to identify suspicious activities. A decrease in financial solvency is the first signal that requires a deeper investigation. Experts check where the assets have gone, what transactions have been concluded and who signed them.

In addition, the lawyer said that deliberate bankruptcy is often associated with transactions with affiliated companies, such as the sale of property to relatives or former partners. Such schemes may also include the sale of assets at a reduced price and the exchange of property.

If the company is really experiencing financial difficulties, rather than trying to hide assets, the situation will be different.: assets are sold transparently and at market prices; proceeds are used to complete construction, pay salaries and repay debts; there is no sudden change of ownership or suspicious transactions.

"It is possible to distinguish a real bankruptcy from an asset withdrawal scheme if you closely monitor the actions of the developer and check information in open sources. This is important for shareholders: identifying risks in time will help protect their interests," Kozhevnikov said.

He added that if an equity participation agreement is concluded between the shareholder and the developer, the funds will be stored in a specialized escrow account, and the bank will transfer them to the developer only after completion of construction, which provides additional protection.

On September 17, Anatoly Aksakov, head of the State Duma Committee on the Financial market, told Izvestia about the advantages of housing deposits. They will allow you to systematically save without a debt burden and at the same time be sure of the safety of funds — this is suitable, including for citizens with small or unstable incomes.

All important news is on the Izvestia channel in the MAX messenger.