Risks borne by top managers to the owners of the company
According to business representatives, the situation is complicated and ambiguous. On the one hand, the Supreme Court of the Russian Federation reveals more or less obvious violations that entail the responsibility of top managers: conflict of interests, concealment of information and documents, non-compliance with established corporate procedures, etc. On the other hand, the judges have the right to subjectively assess the reasonableness of the senior executive's actions and the acceptable level of risk.
According to Igor Gushchev, Senior Partner of Duvernoix Legal, the company has the right to recover, among other things, profit (benefit) not received (lost) due to unreasonable or unfair actions of the senior executive. "On the other hand, managerial decisions taken within a reasonable entrepreneurial risk do not indicate guilt," the expert is convinced.