The Commercial Court of Cassation as part of the Supreme Court has published an overview of key legal positions of the Supreme Court in corporate disputes and regarding securities.
The review collects current judicial practice of the Supreme Court in these categories of cases for 2022.
In particular, the legal conclusions of the KGS of the Supreme Court regarding the possibility of foreclosure on the bank’s shares for the debts of the Russian Federation were highlighted.
Also, the selection contains the legal positions of the VP of the Supreme Court, collegiums of judges, the chamber for consideration of cases regarding corporate disputes, corporate rights and securities, the joint chamber of the Supreme Court of the Supreme Court regarding:
- quorum of the general meeting of the LLC;
- the preferential right to purchase a share in the authorized capital of an LLC in the event of foreclosure on the share of a company participant;
- conclusion of a share donation agreement in order to avoid responsibility for one’s obligations;
- the right to receive compensation for compulsorily withdrawn shares;
- recovery of damages (lost profits) caused to a legal entity by its official;
- securing a claim in a corporate dispute;
- proper and effective means of protection;
- cancellation of state registration of a legal entity created in the procedure of merging two legal entities with violations of the law that cannot be eliminated.
The material was developed by the department for ensuring the work of the secretary and judges of the court chamber for the consideration of cases related to corporate disputes, corporate rights and securities of the Supreme Administrative Court of Ukraine.