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There is a custom in the company. When will the link to it work in court
The article presents successful examples of cases where the courts have applied the custom of business turnover in a corporate dispute. The parties, and sometimes the courts, confuse customs with practice. The difficulty is that customs are not fixed anywhere, and the rules adopted in one company are not considered customs for the entire turnover.
17 September 2023
Non-standard cases of invalidation of an agreement on the assignment of rights of claim
The effectiveness of civil turnover depends on the integrity of business transactions carried out by legal entities and individuals. This statement acquires special significance when challenging an agreement on the assignment of claims within the framework of bankruptcy.
15 September 2023
New decision of the Plenum of the Supreme Court. How to work with a guarantee in bankruptcy cases now
In the article we analyze the new explanations of the Supreme Court.
04 September 2023
The citizen misleads the creditor. In what cases will the court not release him from debts?
The article contains five grounds, a reference to which will help the creditor achieve the preservation of debt for a bankrupt citizen.
27 August 2023
Anna Sidorova, a lawyer at Exiora Law Firm, assessed the amendments concerning the procedure for using an electronic signature
In early August, with some exceptions, amendments to the legislation on electronic signature (hereinafter referred to as the EP) came into force. Anna Sidorova, a lawyer at the Exiora Law Firm, among other experts, commented on the adopted changes for the EZH Lawyer.
24 August 2023
Yury Sbitnev, partner at Exiora Law Firm, commented on the new decision of the Supreme Court on interim measures
Commentary on the Resolution of the Supreme Court of June 1, 2023 № 15 “On Certain Issues of the Courts Taking Measures to Secure a Claim, Interim Measures and Measures of Preliminary Protection”
11 August 2023
Application of the construction of a petition for disagreements in bankruptcy and controversial cases
In the material, we will consider the features of the application of the construction of a petition for disagreements in bankruptcy using examples from judicial practice in accordance with part 1 of Article 60 of the Bankruptcy Law.
09 August 2023
Challenging a major deal in a corporate conflict: what nuances can there be
The company appealed to the arbitration court in the interests of the company with demands for invalidation of the transaction on the transfer of movable property to the authorized capital, the reclamation of property from someone else's illegal possession in favor of the company, referring to the illegal alienation of property owned by the company in the context of a corporate conflict. What is remarkable about the decision of the Supreme Court of the Russian Federation in this case?
25 July 2023
The partner of the Exiora Law Firm Yuri Sbitnev commented on amendments to the Federal Law on LLC regarding the determination of the size of the actual value of the share
The Ministry of Economic Development of the Russian Federation has prepared two bills that amend Articles 14, 23 and 25 of the Federal Law "On Limited Liability Companies" and Article 67 of the Civil Code of the Russian Federation and relate to the rules for determining the size of the actual value of the share of the exited participant. The partner of the Exiora Law Firm, Yuri Sbitnev assessed the impact on judicial practice in case of adoption of changes.
14 July 2023
Abuse of the manager at the auction. When can he be prosecuted
The article contains four typical violations in the sale of the debtor's property, which are allowed by managers, and ways to deal with them.
07 July 2023
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