Citizen N. appealed to the Arbitration Court of the Moscow Region with a\nclaim against LLC \u201cA …\u201d, in support of which she indicated that she had\ninherited a share in the authorized capital of the company, but could not\nbecome a member of the company, since the second participant of the company\ndoes not consent, referring to the\nprovisions of the company’s Charter.<\/p>\n\n\n\n
The Plaintiff demanded to invalidate the protocol of the general meeting\nof the company\u2019s participants, which introduced amendments to the Charter\nrelating the obligation to obtain consent of the company\u2019s participants for the\nentry of third parties into its structure, who received a share in the\nauthorized capital by universal succession. \nIn substantiating the claim, the Plaintiff referred to the falsification\nof the protocol.<\/p>\n\n\n\n
Lawyers of MCBA \u201cBureau of Lawyers \u201cDe jure\u201d prepared and submitted to\nthe court a response to the claim with reference to the General provisions of\nthe Civil Code of the Russian Federation and special rules of the Federal Law\n“On limited liability companies”. <\/p>\n\n\n\n
As a result, the decision of the courts of the first and appeal instance\ncitizen N. was denied satisfaction of the claims in full. Lawyers of MCBA \u201cBureau\nof Lawyers \u201cDe jure\u201d managed to convince the courts of the groundlessness of\nthe stated requirements in view of the Plaintiff\u2019s lack of a procedural right\nto file such an application. The fact is that the right to appeal to the court\nwith an application for recognition of the company’s decision as invalid is\nexclusively owned by a member of the company, information about which is registered\nin the unified state register of legal entities. And the granting of such\nstatus to the heir was refused.<\/p>\n\n\n\n
At the same\ntime, the provision of the Charter itself, which provides for the mandatory\nconsent of all members of the company to transfer the share to the heirs, is\nnot illegal and does not violate the rights of the heirs, since their property\ninterest is protected by law by paying the actual value of the inherited share.<\/p>\n\n\n\n
N. V.\nFilippov, head of MCBA\n\u201cBureau of Lawyers \u201cDe jure\u201d and lawyer R. K. Gitinov took part in the formation\nof legal position on the case, preparation of objections to the statement of\nclaim and appeal. The interests of LLC “A…” in the courts of two\ninstances were represented by lawyer R.K.Gitinov.<\/p>\n","protected":false},"excerpt":{"rendered":"
Citizen N. appealed to the Arbitration Court of the Moscow Region with a claim against LLC \u201cA …\u201d, in support of which she indicated that she had inherited a share in the authorized capital of the company, but could not become a member of the company, since the second participant of the company does not…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[147],"tags":[],"_links":{"self":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33168"}],"collection":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/comments?post=33168"}],"version-history":[{"count":1,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33168\/revisions"}],"predecessor-version":[{"id":33169,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/posts\/33168\/revisions\/33169"}],"wp:attachment":[{"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/media?parent=33168"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/categories?post=33168"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/de-ure.ru\/en\/wp-json\/wp\/v2\/tags?post=33168"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}