On confirmation of the fact of decision-making by the general meeting of the LLC and the composition of the present participants
( Pp. 71-75)

More about authors
Kochkurova Ksenia Sergeevna Senior Lecturer Department of Civil Law and Procedure of the Law Institute
National Research Ogarev Mordovia State University
Saransk, Russia
Abstract:
The article is devoted to the consideration of the urgent issue of the application of the provisions of Subp. 67.1 of the Civil Code of the Russian Federation both before and after the adoption by the Presidium of the Supreme Court of the Russian Federation of the “Review of Judicial Practice on Certain Issues of the Application of the Law on Business Companies”. The article discusses various situations where there was a need for notarization of decisions of the general meeting of participants until 12/25/2019, and when it was possible to use an alternative method of such certification. The author describes significant changes in the interpretation of subsection 3, paragraph 3, art. 67.1 of the Civil Code of the Russian Federation after the adoption of the Review by the Supreme Court of the Russian Federation, and also considers the consequences of non-compliance with the requirements for the procedure for confirming decisions of the general meeting of participants and decisions of a single participant.
How to Cite:
Kochkurova K.S., (2020), ON CONFIRMATION OF THE FACT OF DECISION-MAKING BY THE GENERAL MEETING OF THE LLC AND THE COMPOSITION OF THE PRESENT PARTICIPANTS. Gaps in Russian Legislation, 7 => 71-75.
Reference list:
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Serova O.A. Izmenenie obshchikh polozheniy grazhdanskogo zakonodatel stva o yuridicheskikh litsakh // Grazhdanskoe pravo. 2011. № 1. S. 12-16
Filippova O.S. Posledstviya zaklyucheniya sdelok, osnovannykh na nedeystvitel nykh resheniyakh sobraniy korporatsiy // Pravo i ekonomika. 2014. № 5. S. 44-47
Pis mo FNS Rossii ot 28.12.2016 № GD-4-14/25209 O napravlenii Obzor sudebnoy praktiki po sporam s uchastiem registriruyushchikh organov № 4 (2016)
Pis mo FNS Rossii ot 06.07.2017 № GD-4-14/13154 O napravlenii Obzora sudebnoy praktiki po sporam s uchastiem registriruyushchikh organov № 2 (2017)
Rekomendatsii nauchno-konsul tativnogo soveta Arbitrazhnogo suda Zapadno- Sibirskogo okruga, utv. Prezidiumom suda ot 08.07.2015
Postanovlenie AS Zapadno-Sibirskogo okruga ot 28.09.2015 po delu № A27-2907/2015
Keywords:
limited liability company, general meeting of participants, decisions of the general meeting of participants, minutes of the general meeting of participants in a limited liability company, decision of a single participant, notarization.


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