Case
Premium apartments in Central Administrative District

Protection of a 50% shareholder in a construction company against unfair actions of a controlling partner

Corporate conflicts
Conflict with management
Claim amount
More than 0,6M $
Region
Moscow
Duration of Case
1.5 years
Year of Completion
2021
Structure
During the conflict
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After the conflict

Gist of the case

The opponent was the general director and a 50% shareholder through a controlled company. The joint company owned a land plot in the Central Administrative District, which was to be transferred to a professional developer for the construction of a premium-class apartment complex.

A conflict arose between the shareholders, as a result of which the partner blocked the trustee's access to documents and began to systematically make deals to the detriment of the interests of the company: paying inflated salaries to himself and relatives, buying a premium car at the company's expense, issuing dubious loans, etc. In addition, being a director of the company, the opponent was a director of the company. Additionally, as the director of the company the opponent was also out of touch, preventing meetings to make crucial management decisions in every way possible.

The Law Office Actions

To resolve the conflict, we implemented an “active defense” strategy:

1.
We filed a lawsuit to seize documents on the financial and economic activities of the company.
2.
We analyzed a large volume of documents, the analysis of which allowed us to find fictitious and unprofitable deals.
3.
We filed a lawsuit to recover damages from the director under Article 53.1 of the Civil Code of the Russian Federation (more than 52 million rubles, 11 episodes of unfair acts).
4.
We achieved administrative liability for unreasonable refusal to hold them.

Opponent Actions

In addition, the office had to counter the director's attempts to delay the process. The opponent for his part:

1.
Filed a lawsuit to recover allegedly unpaid wages.
2.
Ignored demands and refused to hold meetings of the participants.
3.
Transmitted forged checking account statements and accounting reports in different editions.

Result

1.
Obtained the necessary financial documents of the company, statements of accounts.
2.
The director was partially charged with damages.
3.
The judicial act recorded the fact of his actions to the detriment of the company.