THE MINISTRY OF ENERGY HAS FINALIZED THE INITIATIVE TO PAY CO-OWNERS OF FUNDS FOR THEIR SHARES LEAVING THE LLC

THE MINISTRY OF ENERGY HAS FINALIZED THE INITIATIVE TO PAY CO-OWNERS OF FUNDS FOR THEIR SHARES LEAVING THE LLC

THE MINISTRY OF ENERGY HAS FINALIZED THE INITIATIVE TO PAY CO-OWNERS OF FUNDS FOR THEIR SHARES LEAVING THE LLC
The Ministry of Economic Development has updated a draft law allowing participants who decide to withdraw from an LLC to receive monetary compensation for their shares, taking into account their market value.

The Ministry prepared a bill of amendments to the Civil Code of the Russian Federation and the law on LLC last summer. According to Deputy Head of the Ministry of Economic Development Ilya Torosov, the updated version of the initiative takes into account the suggestions and comments of entrepreneurs. The new version provides for the right of the participant leaving the LLC to submit an application to establish the market value of his share within a month from the date of the organization's obligation to pay its price.

The bill also clarifies that despite the fact that the involvement of independent appraisers to determine the value of such a share is the responsibility of the company, however, the outgoing co–owner himself must pay the costs of this procedure within a month. If the participant does not agree with the assessment, he has the right to go to court. The bill establishes the same conditions for creditors and other persons who have the right to pay the value of the share.

Currently, the amount of payment to participants leaving the LLC is determined by the book value of net assets. This cost is calculated by the company itself, and often it turns out to be significantly lower than the market value. The initiative of the Ministry of Energy should reduce the number of lawsuits due to disagreements over the value of assets.

25.03.2024