Financial Manager for individuals. How to become a financial manager for individuals?

When an individual is declared bankrupt, a financial manager must participate in his case. This is provided for in Section 213.9 of the Law on Insolvency (Bankruptcy). What is a financial manager for individuals? How to become him? These and other questions will be answered in the framework of this article.

general information

First, let's find out who it is - a financial manager for individuals. This is the name of the arbitration managers who are approved by the court in order to participate in the bankruptcy case of a particular citizen. Speaking about who can play such a role, a short list of requirements should be listed. They are as follows:

1. The applicant can only be a citizen of the Russian Federation.
2. Mandatory is the availability of an appropriate legal education.
3. It should be a self-regulatory organization of arbitration managers.

Selection procedure

Where to get a financial manager for individuals in bankruptcy? For this, a special resolution of the arbitration court is issued, which considers the corresponding application of the citizen. So, when a person submits an application, he must simultaneously indicate a self-regulatory organization of managers, from whose members a responsible staff will be appointed. But the final statement still depends on the decision of the arbitral tribunal.

In some cases, a proposed candidate may be rejected. If there is no idea where to find a financial manager for individuals, then you need to refer to the list of organizations that is available on the Rosreestr website. If several applications are submitted (for example, from different creditors), then the court selects the person from the structure, the information about which was submitted earlier.

Cost of services

The remuneration of the financial manager for individuals is paid from the funds of the debtor and consists of two parts: a fixed amount of money and a certain percentage. What are their sizes? The fixed amount is ten thousand rubles (one-time) for carrying out the necessary procedure that applies during bankruptcy. All this money must be paid by the applicant to the account of the arbitration court at the time of filing the application. They are paid after the completion of the procedure, which is used in the case of bankruptcy of a citizen, regardless of the term of its consideration.

Regarding interest: the manager receives for his work two percent of the amount of claims of creditors or from the sale of property of a person. Payments are made at the expense of funds that were received as a result of the restructuring of the property. In addition, the financial manager for individuals receives compensation for all expenses that were actually incurred by him during the performance of his duties.

Rights

A financial manager for individuals can:

1. Submit on behalf of the citizen to the arbitration court an application for non-recognition of transactions due to suspicious moments.
2. Protest creditors' claims.
3. As a third party, take part in the restructuring procedure, without declaring independent requirements in relation to the subject of the dispute. In the arbitration court, he acts on the side of the citizen in disputes regarding property.
4. Receive data about the assets, accounts and deposits of a person, the balances of electronic funds received from various legal entities, state authorities and local self-government.
5. To convene meetings of creditors in order to resolve the issue of preliminary coordination of decisions and transactions of a citizen.
6. Apply to the arbitration court with a request for taking measures that will ensure the safety of the citizen's property.
7. Engage third parties to ensure the best exercise of their authority.

Responsibilities

The financial manager must:

1. Take all necessary measures in order to identify the property of a citizen and ensure its best safety.
2. To analyze the financial condition of a person.
3. Keep a record of claims from creditors.
4. Identify signs of fictitious or intentional bankruptcy.
5. Notify lenders and meetings at which financial and organizational matters will be resolved.
6. Review reports on the progress of the debt restructuring plan and inform stakeholders about how this process is going.
7. Exercise overall control.
8. Inform lenders of the situation at least once a quarter.

Debtor obligations

To facilitate the work of the financial manager, it is stipulated at the legislative level that a citizen should promote his activities as much as possible. So, at the first request, the necessary information should be provided about the property, its location, obligations and creditors. If a citizen does not comply with these requirements, then a request for evidence is sent to the arbitration court, on the basis of which the legal authority will issue requests to the financial manager, to which he will receive a response in his hands. If a citizen hides information about his property, obligations or assets, information about their size, location, etc., this entails liability in accordance with the laws of the Russian Federation.

Can a financial manager be removed?

Yes, this is entirely possible. When can the services of a financial manager for individuals be terminated? The most important administrative moment is the decision of the arbitration court. In order to release a financial manager, you need a statement from the administrative manager or a petition from the self-regulatory organization in which he is a member. This may be the case when the responsible person leaves the structure. The reasons for removal are an order of magnitude greater. Here is a short list where everything is painted:

1. If the meeting of creditors decided that the financial manager poorly fulfills the administrative duties assigned to him.
2. When the arbitral tribunal satisfies the complaint of the person who is involved in the bankruptcy procedure that execution violates the rights and legitimate interests and leads to losses.
3. When a self-regulatory organization sends a petition that this person be expelled from this structure due to a violation of membership conditions or legislation, standards, regulatory legal acts or the rules of professional activity.

When a financial manager is removed from his duties, the arbitral tribunal must approve the new person in charge.

Conclusion

You can talk a little more about how to find a financial manager for individuals. Of course, it is desirable that he work in the interests of a citizen who has declared bankruptcy. Many in such cases use the services of acquaintances who will try to get the most favorable conditions for bankrupt. Of course, one does not have to completely rely on the success of their actions, because a lot more depends on creditors and the ability to sell property at the maximum price. Also, one should not forget about communicative qualities. After all, lenders also have the right to remove a financial manager from fulfilling duties. Therefore, doing business on the cheap and transferring everything to a trusted or dummy person will not work.

The best option in this situation is to not get into it at all. To do this, you should plan your activities and have reserves in case of unforeseen problems. In this case, you will not need to take loans and borrow.