BUSINESS AND CORPORATE DISPUTES
Business disputes arise between the subjects of economic activity.
Commercial and corporate disputes can be classified into the following types:
— Disputes arising from the conclusion, modification or termination of contracts. In accordance with article 452 of the Civil Code of the Russian Federation “the Agreement on amendment or termination or the agreement is carried out in the same form as the agreement if from the law, other legal acts, the agreement or customs of business turnover other does not follow. Demand on change or on termination of the contract may be declared the party in court only after reception of refusal of other party on the offer to change or terminate the contract or receipt of the denial within the period specified in the proposal or established by law or contract, and at its absence – within thirty days”.
— Disputes connected with the breach of contract or other obligations. The mere fact that the execution of the contract and other obligations expressed in the Commission or in refraining from actions that constitute its subject matter.
— Disputes arising for other reasons. Prior to the initiation of the proceedings the parties to a commercial dispute should take the following steps to resolve the dispute by making a claim. In that case, if the claim is rejected or no reply is received within the period, the interested party has the right to file a statement of claim in arbitration court for protection of their violated rights and legitimate interests.
As for corporate disputes, it should be noted that they are directly related to the basic processes of economic entities.
The arbitration court considers the following categories of corporate disputes:
— Relating to the creation, reorganization and liquidation of a legal entity.
Related to the ownership of stock, shares in authorized (share) capital of economic societies and partnerships, shares of members of cooperatives, the establishment of encumbrances and realization of rights arising from them, with the exception of disputes arising in connection with division of inherited property or division of marital property, which includes shares, shares in authorized (share) capital of economic societies and partnerships, shares of members of cooperatives.
— On the claims of founders, participants, members of the legal entity for damages caused by a legal entity, annulment of transactions made by a legal entity and (or) application of consequences of invalidity of such transactions.
— Associated with the appointment or election, termination, suspension of office of the persons who are or were former members of the management bodies and control bodies of the legal entity, as well as disputes arising from civil legal relations between the said persons and the legal entity in connection with the implementation, termination, suspension of powers of these entities.
— Related to the issue of securities, including challenging non-normative legal acts, decisions and actions (inaction) of state bodies, bodies of local self-government, other bodies, officials, decisions of the management bodies of the Issuer, with challenging transactions in the process of placement of issued securities, reports (notifications) on the results of issue (additional issue) of securities.
— Arising from the activities of holders register of securities holders associated with registration of rights to shares and other securities, with the holder of the register of owners of securities and other rights and obligations under Federal law in connection with the placement and (or) circulation of securities.
— The convening of the General meeting of participants of a legal entity.
— On appeal of decisions of the management bodies of a legal entity.
— Arising from the activities of notaries for certification of transactions with shares in the authorized capital of limited liability companies.
Lawyer Alexandra Nikitina A. is ready to offer You legal assistance in resolving commercial and corporate disputes:
- the invalidation of the agreement on the establishment, reorganization, liquidation of the legal entity;
- associated with the refusal of state registration, evasion from the state registration of legal entities;
- the exclusion of the limited liability company;
- on assignment of share capital to other participants;
- to transfer the rights and obligations of the buyer shares;
- to invalidate the refusal to make an entry in the register of shareholders;
- appeal decisions of the Board of Directors, waiver of any issue or candidate on the shareholder proposal for discussion at the General meeting, and also on refusal to convene an extraordinary General meeting;
- on payment of the cost share in the assets of the limited liability company;
- about recognition void decisions of the General meeting of Closed joint-stock companies;
- on recovery of the actual value of the share in the property of the limited liability company;
- about the alienation of the share capital of the company;
- the exercise of the right of pre-emption of the share in the authorized capital of the limited liability company;
- about the demands of shareholders obliging the Board of Directors to register the issuance of shares and report on results of issue of additional shares;
- on the invalidity of contracts of purchase and sale of shares;
- on recovery of a dividend on shares;
- obliging companies to provide access to documents of the company;
- obliging provide the list of persons entitled to participate in the General meeting;
- for damages incurred to the company by the wrongful actions of the officers of the society (members of the Board of Directors, Director, member of the Board of the managing organization).