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

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

general information

Initially, let's find out who it is - financial manager for individuals. This is what arbitration managers are called, which are approved by the court in order to participate in the bankruptcy case of a particular citizen. Speaking of who can act in this role, you should list a short list of requirements. They are as follows:

1. Applicant can only be a citizen of the Russian Federation.
2. The presence of an appropriate legal education is mandatory.
3. It should consist of a self-regulatory organization of arbitration managers.

Selection procedure

Where can I get a financial manager for individuals in bankruptcy? For this purpose, a special decision of the arbitration court is made, which considers the relevant application of the citizen. So, when a person submits an application, he must simultaneously specify a self-regulating organization of managers, from which participants will be assigned a responsible frame. But the final statement still depends on the decision of the arbitration court.

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

Cost of services

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

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

Rights

A financial manager for individuals can:

1. To file on behalf of a citizen in an arbitration court an application for non-recognition of transactions because of suspicious moments.
2. Protest creditors' claims.
3. As a third party, take part in the restructuring procedure, without stating independent requirements in relation to the subject matter of the dispute. In the arbitration court, he acts on the side of the citizen in disputes that concern property.
4. Receive data on assets, accounts and deposits of a person, balances of electronic funds received from various legal entities, public authorities and local governments.
5. 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 an application for taking measures that will ensure the safety of the property of a citizen.
7. Involve third parties to ensure the best implementation of their powers.

Duties

The financial manager must:

1. Take all necessary measures in order to identify the property of a citizen and ensure his best safety.
2. Analyze the financial condition of a person.
3. To register claims from creditors.
4. Identify signs of a fictitious or deliberate bankruptcy.
5. Notify creditors and meetings at which financial and organizational issues will be resolved.
6. Review the reports on the implementation of the debt restructuring plan and inform interested parties about how this procedure is going.
7. To exercise general control.
8. Inform lenders about the situation at least once a quarter.

Obligations of the debtor

To facilitate the work of the financial manager, it is provided at the legislative level that the citizen should maximally facilitate his activities. So, at the first request, you must provide the necessary information about the property, its location, liabilities and creditors. If a citizen does not comply with these requirements, an application for evidence is sent to the arbitration court, on the basis of which the legal authority will issue the financial manager with requests for which he will receive an answer in his hands. If a citizen hides information about his property, duties or assets, information about their size, location, etc., this entails responsibility, respectively, with the laws of the Russian Federation.

Is it possible to remove the financial manager?

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

1. If the meeting of creditors decided that the financial manager is performing poorly the administrative duties assigned to him.
2. When the arbitration court satisfies the complaint of a person who participates in the bankruptcy procedure, that execution violates rights and legitimate interests and leads to losses.
3. When a self-regulating organization sends a petition that the person is expelled from this structure because of violation of the conditions of membership or legislation, standards, regulations or rules of professional activity.

When the financial manager is suspended from the performance of duties, the arbitration court must approve the new responsible person.

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 declared his bankruptcy. Many in such cases use the services of familiar people who will try to get the most favorable conditions for the bankrupt. Of course, there is no need to fully rely on the success of their actions, because it still depends a lot on creditors and the ability to sell property at the maximum price. Also, we should not forget about communicative qualities. After all, creditors also have the right to remove the financial manager from performing duties. Therefore, to turn the case on cheap and transfer everything to a trusted or false person will not work.

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