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CHALLENGING TRANSACTIONS ON CORPORATE GROUNDS IN THE FRAMEWORK OF A BANKRUPTCY CASE

... expands the subject composition of persons who have the right to apply for invalidation of the transaction, and therefore provides additional guarantees to participants in legal relations (paragraph 13 of the "Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2020)"). At the same time, challenging transactions in bankruptcy cases on corporate grounds is not widely used by judges. In most cases, courts tend to invalidate transactions on the grounds that have already become customary, provided for by the Civil Code of the Russian Federation and/or the Bankruptcy ...

THE SUPREME COURT WILL DEAL WITH THE FAKE INTRODUCTION OF A NEW PARTICIPANT INTO SOCIETY ON THE CLAIM OF A SPOUSE

The plaintiff filed a lawsuit against his former spouse and the company to challenge transactions aimed at alienating the common property of the spouses – 90% of the shares in the authorized capital of the company.... ... capital for the purpose of subsequent alienation of the defendant's share in favor of the company are invalid transactions. The Supreme Court of the Russian Federation referred the case to the collegium and noted that as a result of the "covering transactions" ...

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