In a protracted corporate conflict in an LLC, one of the participants filed a lawsuit demanding to suspend the powers of the general director and convene an extraordinary meeting of the LLC participants to make a decision to replace this general director.
Defending the interests of the enterprise and its legitimate head in the Arbitration Court of St. Petersburg and the Leningrad Region, we objected to the possibility of suspending the powers of the general director, since this is not provided for by current legislation. We also drew the court’s attention to the fact that the plaintiff demands not just convening an extraordinary meeting of participants, but that this meeting should make the decision to change the general director, which the plaintiff insists on. Meetings of participants are held regularly, and decisions are made at them with the participation of the plaintiff, against which he votes, but cannot block them.
The court accepted our arguments, terminating the proceedings on the claim in the part of the requirements to suspend the powers of the head and refusing to satisfy all other requirements. The Thirteenth Arbitration Court of Appeal agreed with these arguments, confirming in its decision that the current legislation does not provide for such a way to protect the rights of participants in a business company as the suspension of the powers of the general director in court.
