Facts of the Case
The Specialized Tribunal admitted the request of the judicial administrator/liquidator to engage the liability of the debtor company’s administrators under Article 169 (1)(a) and (d) of Law 85/2014.
The debtor had entered insolvency under the simplified procedure. The liquidator found that the administrators withdrew significant sums of money from the company without justification and failed to maintain or submit proper accounting documentation.
The liquidator sought to hold the administrators jointly liable for the company’s liabilities exceeding 500,000 lei.
Legal Grounds Invoked
Article 169 (1)(a) of Law 85/2014
The syndic judge may order that part of the company’s liabilities be borne by administrators or other persons who caused insolvency if they used the company’s assets or credit for their own or another’s benefit.
Article 169 (1)(d) of Law 85/2014
Liability may also be engaged when fictitious accounting was kept, accounting documents disappeared, or accounting was not organized in accordance with the law.
If the accounting documents are not handed over to the judicial administrator or liquidator, fault and the causal link with prejudice are presumed. This is a relative presumption (rebuttable by proof to the contrary).
Court’s Analysis
On the Presumption Under Article 169 (1)(d)
The administrators did not hand over accounting documents and failed to justify the cash withdrawals. According to Decision 14/2022 (RIL – appeal in the interest of the law), non-delivery of documents triggers a legal presumption of fault and causality.
The presumption was not overturned, since no evidence was produced to prove the company’s insolvency was caused by objective, external factors.
On the Use of Assets for Personal Benefit – Letter (a)
The repeated withdrawals of large sums of money, without corresponding accounting justification, supported the inference that the company’s assets were used for personal purposes or for the benefit of other parties.
The administrators provided no documents showing the funds were used in the company’s interest.
On the Causal Link to Insolvency
The lack of accounting and the depletion of financial resources through unjustified withdrawals were directly connected to the company’s insolvency. These acts prevented the company from covering its debts and damaged creditors.
Judgment of the Specialized Tribunal
- The administrators’ liability was admitted under letters (a) and (d) of Article 169 (1), Law 85/2014.
- The administrators were ordered to cover part of the debtor’s liabilities, in proportion to the proven prejudice.
- The presumption of fault and causality under Article 169 (1)(d) applied fully, as reinforced by RIL Decision 14/2022.
Practical Conclusions
- Failure to hand over accounting documents automatically triggers the presumption of fault and causality. Administrators must bring contrary proof to avoid liability.
- Unjustified cash withdrawals are treated as use of assets for personal interest, a basis for liability.
- The ruling aligns with national jurisprudence, ensuring consistent application of Article 169.