EN
”Creating advantages”
AIM:
The corporate decision adopted by the group of participants of the legal entity to terminate the powers of the sole executive body, appoint a new sole executive body and amend the charter of the legal entity remains in force.
IMPLEMENTED MEASURES:
The procedure for convening and holding a general meeting of the company's participants is analyzed for compliance with the current legislation of the Russian Federation and the company's charter;
All the necessary evidence has been collected to protect the interests of the company's participants in court, including documents requested and received from a notary attesting to the proper notification of all interested parties about the general meeting of participants, the legality of the procedure for its holding and the correct execution of the corporate decision taken as a result of its holding;
The current judicial practice on the issue of challenging corporate decisions on the basis of non-compliance with the procedure for convening and holding a general meeting of participants of a legal entity has been fully analyzed;
The clients were advised to hold a new general meeting of the company's participants on the basis of clause 2 of Article 181.4 of the Civil Code of the Russian Federation in order to confirm the validity of the disputed corporate decision and legal support for the holding of a new general meeting of the company's participants was fully implemented;
Reasonable responses have been prepared to the statement of claim of one of the company's participants on invalidation of the decision of the general meeting of participants of the legal entity on termination of the powers of the sole executive body, appointment of a new sole executive body and amendments to the charter of the legal entity;
The interests of the company's participants were represented in court sessions on this corporate dispute in the arbitration courts of the first, appellate and cassation instances.
RESULTS:
Effective legal protection of the creditor's rights in the framework of an insolvency (bankruptcy) case of a citizen, carried out by preventing fictitious claims of third parties from being included in the register of creditors' claims of the debtor, challenging transactions made by the debtor/debtor's spouse in respect of property owned jointly by the spouses, and aimed at withdrawing the debtor's assets from the creditor's foreclosure, in fact led to the acquisition of a substantial monetary claim against the debtor's daughter, in whose favor assets were alienated on the eve of bankruptcy, this forced the debtor to enter into negotiations with the creditor on a peaceful settlement of the dispute, as a result of which the creditor's claims in the amount of more than 10 million rubles were fully satisfied.