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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
Legal force of the letter of guarantee
In many ways, business relations are based not only on signed contracts, but also on promises to perform certain actions: the supply of goods, the performance of work, the provision of services. In confirmation, an additional agreement to the current contract, a receipt or a letter of guarantee can be drawn up, the issuance of which may have various legal consequences.
27 June 2023
Recognition of the right as absent in real estate disputes: judicial practice and procedural features
Claims for the recognition of a right as missing perform two functions at the same time: on the one hand, they protect the violated rights of the owner of the property, and on the other hand, they eliminate errors by correcting the information of the Unified State Register of Real Estate, introduce legal certainty and prevent inconsistencies in the information contained in the Unified State Register of Real Estate .
26 June 2023
Yuri Sbitnev, Partner at Exiora Law Firm, commented on Ruling of the Supreme Court of the Russian Federation №307-ES22-26731 dated May 3, 2023
The Supreme Court of the Russian Federation figured out whether the fact of voting at a meeting of creditors can indicate agreement with the changes to all the terms of the contract.
15 June 2023
A third party made a transaction at the expense of the debtor’s property. How to challenge it
The article describes three steps of an applicant who plans to challenge a third–party transaction in bankruptcy. The subject of proof in such a claim is broader than in the situation of the classic dispute of the debtor's transactions.
10 June 2023
The debtor made a payment in enforcement proceedings. When can it be disputed?
The article contains an algorithm for contesting payments under executive documents. We analyzed proof strategies depending on the type of payment and collected examples of successful cases to help creditors.
06 June 2023
Yury Sbitnev, partner of Exiora Law Firm, commented on the Resolution of the Constitutional Court of the Russian Federation No. 23-P dated May 16, 2023
In a new resolution, the Constitutional Court of the Russian Federation declared unconstitutional the provisions of paragraph 1 of Art. 250 of the Civil Code of the Russian Federation, to the extent that they are uncertain in terms of the possibility and procedure for the implementation by citizens - participants in shared ownership of the pre-emptive right to purchase a share in the ownership of a dwelling and the land plot on which it is located, in the event of its sale to an outsider from public bidding in the framework of the bankruptcy procedure of a citizen. Instead, the Constitutional Court of the Russian Federation proposed a new algorithm for determining the price and procedure for selling a share in property, despite the existing proposals of the RF Armed Forces. But is there an end to this issue?
05 June 2023
Lawyer of Exiora Law Firm Yulia Testova commented on the changes pending enforcement proceedings
Commentary on the draft amendments to art. 327 Arbitration Procedure Code of the Russian Federation, art. 440 Code of Civil Procedure of the Russian Federation, art. 359 of the Code of Administrative Procedure of the Russian Federation, which regulate the issues of suspension of enforcement proceedings, as well as the norms of the Law "On Enforcement Proceedings".
03 June 2023
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