The team of judicial practice attorneys of DEGA Partners Attorneys’ Association defended the interests of the Company’s member (the Claimant) in the courts of appeal and cassation in a dispute over invalidation of the resolutions of the General Meeting of the limited liability company (the Defendant).
In the litigation in the courts of appeal and cassation, despite the negative decision of the Kyiv Commercial Court, the Claimant proved that:
- failure to comply with the procedure for convening a Meeting of the Company’s members in terms of notifying the Plaintiff of the Meeting and adoption of resolution by the Meeting in the absence of the Plaintiff, who was not duly notified of the General Meeting of the Company’s Members, is a violation of the law and the Company’s Articles of Association, and interferes with the Plaintiff’s rights as a member to participate in the management of the Company’s affairs;
- the Plaintiff may not be denied the claim for invalidation of the General Meeting’s resolutions solely on the grounds that the Plaintiff votes are insufficient to change the voting results for the resolutions adopted by the General Meeting of Members, since the member’s influence on the General Meeting’s decision-making shall not be limited to voting alone;
- the right of the competent (authorised) body of the Company to terminate the powers and authorities of a member of the executive body at its discretion at any time for any reason shall not exempt the Company’s members from complying with the procedure for convening the General Meeting of Members and, accordingly, duly notifying all members of the Company of such a Meeting.
The court of appeal and cassation, among other things, found that the Kyiv Commercial Court had gone beyond the scope of the claims in adjudicating the case and in contravention of Procedural Law violated the principle of free disposition, the principle of adversarial proceedings, and the procedure for collecting evidence provided for by Law.
The following persons worked within the project:
Senior Partners of DEGA Partners Attorneys’ Association, attorneys Konstiantyn Hamkrelidze and Ihor Derevianko, and Counsel of DEGA Partners Attorneys’ Association, attorney Kateryna Brodska.
