On March 15, a round table was held on the topic “Report on the financial and property status of the debtor, as a component of the completeness of actions of the arbitration administrator.” The event was organized by the National Association of Arbitration Administrators of Ukraine together with the EU Project Pravo-Justice.
The event was moderated by Nataliya Tyshchenko, managing partner of Nobili JSC, and Oleksandr Bondarchuk, chairman of the NAACU Council.
Among the speakers and invited guests were:
● Oleg VASKOVSKY, judge, secretary of the court chamber for consideration of bankruptcy cases of the Supreme Administrative Court of Ukraine;
● Vladyslav FILATOV, Director of the Bankruptcy Department of the Ministry of Justice;
● Lyudmila SUGAK, Deputy Minister of Justice of Ukraine for European Integration;
● Iryna ZHARONKINA, head of the “Protection of property rights and enforcement of court decisions” component of the EU Project “Law-Justice”;
● Oleksandr BONDARCHUK, chairman of the Council of the Association of Arbitration Managers of Ukraine, managing partner of JSC “Absolut”;
● Nataliya TYSHCHENKO, member of the Council of Arbitration Managers of Ukraine, managing partner of JC “Nobili”, arbitration manager;
● Olena BARYSHNIKOVA, member of the Council of the Audit Chamber of Ukraine;
● Nataliya PARFENYUK, President of the ABV NGO, member of the Council of the Audit Chamber of Ukraine, director and partner in TEO-AUDIT LLC, certified auditor, ACCA DipIFR;
● Serhiy KOSTYUK, judge of the Economic Court of Kyiv;
● Serhii DONKOV, arbitration administrator, member of the Council of Arbitration Administrators of Ukraine;
● Denys LYHOPIOK, member of the NAACU Qualification Commission, arbitration manager.
● Arne ENGELS, international expert of the EU Project “Pravo-Justice”, arbitration manager, lawyer (Germany)
● Vasyl HEY, expert of the NABU Committee on Legal Support of Banks’ Activities and Protection of Creditors’ Rights.
Speakers expressed their own expert opinions and discussed the following topics:
● The principle of completeness of actions of the arbitration administrator.
● Case law regarding the completeness of the actions of the arbitration manager, including the report of the arbitration manager on the financial and property status of the debtor.
● The role of the report on the financial and property status of the debtor to protect the interests of creditors.
● The value of the report on the financial and property status of the debtor for bringing to joint and subsidiary liability.
● Participation and responsibility of the auditor for the report on the financial and property status of the debtor in bankruptcy procedures; Audit Chamber.
● Early detection of insolvency to prevent bankruptcy.
● The difference between the reports on the financial and property status of the debtor, which are conducted by the auditor and the arbitration administrator. Discussion panel.
● International practice.
We thank the experts for their participation and their professional opinions, which help to improve the practice of bankruptcy and the profession of arbitrator.