Основания и порядок ликвидации коммерческих (2010)

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Uploaded: 14.01.2011
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Description

Issue

The grounds and procedure for the liquidation of commercial organizations

Task


Share capital and book value of assets of JSC "Uraltehprom" are respectively 100 and 200 mln. Rubles. Its CEO concluded with "Dawn" sales contract, under which the latter withdrew machines, equipment and warehouses owned by JSC "Uraltehprom." The purchaser is listed on the account of the seller the purchase price - 80 mln. Rubles.
Cooperative "Dorojnik" (shareholder "Uraltehproma") through the arbitration court requested to recognize the transaction invalid and return the property transferred under the contract on the balance sheet JSC "Uraltehprom." He argued that the transaction was general director of an abuse of authority, and the transfer to the buyer of the property has not been drawn up acts of acceptance and transfer of property and the transfer act.
At the hearing it became clear that after the execution of the contract of sale, the transaction was discussed by the Board of Directors of 75% of its personnel have approved it.
Another shareholder "Uraltehproma" - LLC "Remstroy" - challenged in the arbitration court agreement concluded general director of, the acquisition of raw materials for the production of primary products, for which the buyer will pay the vendor 55 million. Rubles. The reason for the excess was also general director of his own powers. At a meeting of the Board of Directors of JSC "Uraltehprom" This transaction was not considered.
Give a reasoned opinion on the case.

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