Corporate disputes in Russia

Any company inevitably encounters a moment whereby it finds itself in a conflict against other companies, its own employees, shareholders or the state. RVS law firm is always prepared to provide its clients with legal support required to resolve corporate disputes. Knowledge and expertise of our qualified lawyers will help you keep your organization from collapse, insolvency or hostile takeover.

Comparatively not long ago, in 2009, a separate category of commercial disputes in the Russian legislation was founded – corporate disputes. All disputes of this group have in common that they are connected with the incorporation of a legal entity, managing this entity or shareholding in an entity being a commercial organization, non-profit partnership, association of commercial organizations, other non-profit organization, uniting commercial organizations and (or) individual entrepreneurs, non-profit organization having a status of a self-regulating organization.

In the Arbitration procedural code of the Russian Federation nine possible groups of corporate disputes in Russia are listed. Our clients approach us most often with respect to the following categories.

DISPUTES RE PARTICIPATORY INTERESTS IN LIMITED LIABILITY COMPANIES AND SHARES IN JOINT-STOCK COMPANIES.

In fact, disputes regarding the participatory interests in LLCs and shares in JSCs remain one of the most widespread types of disputes between participants of LLCs and shareholders of JSCs. If you have become a victim of a scheme with participatory interests or shares, you should address to RVS. Our professionals will help you to protect your interests, will prepare and file actions to court.

CHALLENGING THE RESOLUTIONS OF THE GENERAL SHAREHOLDERS’ MEETING AND OTHER MANAGING BODIES OF A LEGAL ENTITY

Such disputes arise when the resolutions are rendered in violation of the voting procedure (e.g. the quorum is not met or not all the shareholders are notified of the gathering of the general meeting) or in case of ultra vires of a managing body (e.g. the director renders a resolution on an issue that is out of his competence in accordance with the charter). If you need to challenge a resolution of the general shareholders’ meeting or of a director of the company, you should contact us. Our lawyers shall give you a qualified advice on your issue, challenge the resolutions in question and will help you to avoid problems in future. NB – one should not delay the filing of an action in corporate disputes – the law provides for special shorter limitation periods for this category of disputes.

In our practice we come across a large number of other corporate disputes – we often encounter actions against the founder, actions against the director, disputes regarding the incorporation, reorganization or winding up of a legal entity. Please mind that minor breaches and disputes can be followed by a hostile takeover of your business, therefore as soon as a disputable situation appears in your company, contact us for help and we shall protect your interests.

References to the relevant cases


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