RusBankrot
We know everything about bankruptcy
16/09/2024
Monday
THIS DAY IN HISTORY:
16 September 
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
16 September
1970 "Black Wednesday" of the British pound sterling.
1970 The Montreal Treaty for the Protection of the Earth's Ozone Layer was signed.
1970 Mexico declared independence from Spain.
THE SUPREME COURT WILL LOOK INTO THE PRE-EMPTIVE RIGHT OF THE CORPORATION'S PARTICIPANTS IN THE BANKRUPTCY OF A PARTICIPANT
As part of the bankruptcy case of a citizen (No. A50-18848/16), the manager applied for approval of the regulations on the sale of shares owned by the debtor in the LLC. Approving the provision, the courts of three instances proceeded from the fact that in the event of bankruptcy of a participant in a limited liability company, other participants in this company cannot be deprived of the pre-emptive right to purchase a share belonging to an insolvent person.
The courts considered that when selling a bankrupt debtor's share in the authorized capital of the company, the legal approach set out in the resolution of the Constitutional Court of the Russian Federation No. 23-P dated 05/16/2023, which changed the practice of exercising the pre-emptive right to purchase when selling a share in the right of common ownership, is applicable.
The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out that the general provisions of paragraph 1 of Article 250 of the Civil Code of the Russian Federation, the constitutionality of which was the subject of verification by the Constitutional Court of the Russian Federation, are not applicable to the disputed relations related to the sale of a share in the authorized capital of a limited liability company when foreclosing on the debts of a participant. The relevant relations are regulated by special rules enshrined in the Law on LLC.
The courts considered that when selling a bankrupt debtor's share in the authorized capital of the company, the legal approach set out in the resolution of the Constitutional Court of the Russian Federation No. 23-P dated 05/16/2023, which changed the practice of exercising the pre-emptive right to purchase when selling a share in the right of common ownership, is applicable.
The Supreme Court of the Russian Federation referred the complaint of the manager to the board for consideration and pointed out that the general provisions of paragraph 1 of Article 250 of the Civil Code of the Russian Federation, the constitutionality of which was the subject of verification by the Constitutional Court of the Russian Federation, are not applicable to the disputed relations related to the sale of a share in the authorized capital of a limited liability company when foreclosing on the debts of a participant. The relevant relations are regulated by special rules enshrined in the Law on LLC.
28.05.2024
