In a corporate conflict one of the shareholders of a limited liability company, hereinafter – LLC was prevented from exercising control over the activities of the LLC by another shareholder.
The LLC was a management company, and the only participant in other subsidiaries, which owned real estate property. The second shareholder in the corporate conflict took advantage of the situation and made several decisions on behalf of the LLC to approve the transactions to transfer the assets of the subsidiaries.
As a result, the real estate property in the chain of the controlled transactions was sold several times cheaper than its cadastral value.
When challenging these transactions, the second party in the conflict referred to the fact that our client has no right to challenge the transactions of the subsidiaries, as he is not formally a shareholder of these companies.
During the hearings (court case A56-62239/2017) we were able to prove that the disputed transactions abused the rights as their purpose was to withdraw the assets and that the LLC shareholder represented by “Aspectum.” did not have any other way to recover the lost assets.
“Aspectum.” position was supported by all three court instances, which reviewed this case. As a result, the chain of transactions was held invalid, and the assets for more than 130 million rubles were returned to the subsidiary.
