The lawyers of EDAS Law Bureau led by the litigation partner Evgeny Branetsky successfully challenged the decision of the Arbitration court of the Moscow region by against two members of limited liability company (one owned more than 50% of the share capital (the client of EDAS Law Bureau) and the other is the sole executive body) which were brought to vicarious liability. At the same time, the total amount of liability could increase to 8 billion rubles, based on the amount of all outstanding creditors ‘ claims. The lawyers of EDAS Law Bureau led by the litigation partner Evgeny Branetsky successfully challenged the decision of the Arbitration court of the Moscow region by against two members of limited liability company (one owned more than 50% of the share capital (the client of EDAS Law Bureau) and the other is the sole executive body) which were brought to vicarious liability. At the same time, the total amount of liability could increase to 8 billion rubles, based on the amount of all outstanding creditors ‘ claims.
Evgeny Branetsky managed to convince the appellate court that the one who is responsible for causing losses to the company shall be the person who in fact had an impact on economic activity of the company and not all the formally controlling persons. In this case, the appellate court recognized such a person a participant who was also the general director of the limited liability company. In respect of the second participant owning more 50% of the share capital, and who was represented by the team of EDAS Law Bureau, the claim to bring to subsidiary liability was denied by the court.