A company’s insolvency does not by itself mean its director must pay its debts. The Russian Supreme Court distinguishes ordinary business risk from dishonest or unreasonable conduct that made repayment to creditors impossible. Assessing control requires attention to the actual ability to determine the company’s actions. The timing of an insolvency filing needs separate analysis.
Reconstruct the sequence of events
Start with a chronology: when revenue fell, payments became overdue, supplies or funding failed, and what decisions followed. Link each event to a document and a person who can explain it. This shows where the position is supported by records and where it still relies on recollection.
Alongside decision dates, record the information available to management at the time: cash forecasts, bank negotiations, customer orders and asset valuations. Do not mix it with facts learned after the crisis. Retain rejected options for discussion with your lawyer where those options were actually considered.
Gather records on the disputed issues
Prepare management and accounting reports, bank statements, receivables records, key contracts and minutes. For a disputed transaction, include the pricing analysis, commercial offers, evidence of performance and correspondence. If records are held by a former employee or outsourced accountant, note where the originals are and what has already been obtained.
When management changes, prepare a clear inventory of transferred records and access rights. If part of the archive is missing, do not replace it with backdated documents: describe the gaps and recovery efforts. In explanations, distinguish your own decisions, colleagues’ proposals and matters within the authority of other governing bodies.
Using the materials
At the consultation, test each allegation against specific facts and evidence. Identify issues requiring financial analysis, documents to request and those responsible for explanations. Preparation should produce a practical defence plan with clear responsibility for records, rather than a universal promise to defeat every claim.