When leaving the limited liability company member of share ownership may require how the cash equivalent of his share and part in kind. With the technical capabilities to do so.
This version of the share allotment, I decided to use my principal R.. Having inherited the fourth part of non-residential premises LLC "Scorpion", the Trustee decided to withdraw from society and demanded the appropriation of his share in kind.
R. sent in an LLC a notarized statement of withdrawal from society and to allot him a ¼ share of non-residential premises of the society in the form of three rooms.
According to FZ "About limited liability companies" and the Charter of LLC "Scorpio" party companies when you are exit to be paid the value of his shares or transferred assets with a value share within 3 months.
However, the co-owner of OOO "Scorpio", excluding the Trustee from the company, to allot shares R. is not made. Made the amendments, which became the sole owner of all property of the LLC. What made an appropriate entry in the register.
In this situation, to protect the interests of R. it was possible only in a judicial order. As an experienced lawyer in arbitration cases, I knew for a positive decision in such cases requires technical conclusion about possibility of the share allotment.
I have organized a technical study of the premises LLC "Scorpion", with the involvement of experts. Expert judgement indicated that non-residential premises of the companies, the viewers and the rooms, which are claimed my principal, can be allocated without harm to society.
Based on the legitimate demands of the plaintiff and obtained on my own initiative technical advice, 24 January 2017, the Arbitration court of Moscow the claim of the R. granted, providing the property of the principal rooms of the premises LLC "Scorpio", corresponding to 25% of the company's property.
My successful practice in arbitration cases is due primarily to the thorough collection of evidence in preparation for such cases.
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