Fora OOO

Core of the Case

Claim against Fora OOO for payment to the former 45% member of the company of the actual value of the share in the amount of 380 million rubles.
Won in the court of first instance, the decision came into force on appeal. The company, according to the financial statements, had a negative balance, which is the basis for refusing to pay the withdrawing participant. The court rejected the plaintiff’s claims, and also mentioned an abuse of the right in his actions. The main argument was reliable financial statements and the absence of actions evidencing their challenging by the participant. The court of appeal upheld the decision, denied forensic examination and did not take into account the report on the value of the plaintiff’s share.

Scope of Services

Representation of the interests of Fora OOO, preparation of procedural documents, development of a legal position on the case, organization of expert reviews.

Achievements, Results, Importance, Significance of the Project

At the level of the court of appeal, the case acquired a detective nature. Our representatives prevented unauthorized intervention in the former participant’s case files, checked the plaintiff’s report for accuracy by spending nights on real estate websites, and manually verified data from the appraisal report. The significance of the project is that the court recognized the actions of the plaintiff as an abuse of the right and dismissed the claim for numerous procedural violations, delaying the process and attempts to avoid the procedure for challenging the financial statements. The court recognized that the value of the company’s assets is negative and reliable. The case was won in the courts of first instance, appeal and cassation.

Case File

А40-200027/2020