The Russian company filed a lawsuit against a legal entity with foreign participation with a request to seize the funds on the current account of such a legal entity for the subsequent repayment of the debt, arguing as follows:
- the authorized capital of a company with foreign participation belongs to organizations from unfriendly countries;
- the sole executive body - an Italian citizen;
- many similar companies are currently suspended in Russia;
- a legal entity with foreign participation declared that it was impossible to immediately repay the debt.
The Arbitration Court of the Omsk Region ruled to take measures to secure a claim in case No. А46-3889/2021 dated March 16, 2022 in favor of a Russian company and seized the funds of a legal entity with foreign participation. Although there is no case law in Russia, this definition can greatly contribute to the resolution of subsequent such disputes.
Source: http://consultant.ru
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