"Orphan Share" or the Share in the Company Belonging to the Liquidated Participant

Abstract

In the article author analyzes the question of the fate of the liquidated participant's share in another business company. The Russian law on limited liability companies is quite complex, it includes several modes of action with an "orphaned" share. At the same time, there is no exact solution in the legislation, which can put practicing lawyers at a dead end. In particular, the exclusion of a participant involves filing a lawsuit against the same participant, who has already been liquidated by this time. We must also prove that such a participant has committed actions contrary to the normal operation of the company. An appeal to the arbitration manager may not always help, since this procedure is limited in time, and also presupposes the presence of strong-willed actions on the part of interested parties. If the founder of such a liquidated participant is interested in exercising his rights, there is an algorithm of actions. However, if there are no interested parties, then we are faced with a rather difficult situation when there is no directly established procedure for the actions of the participants of the company. The author comes to the conclusion about the possibility of accepting such a share on the balance of the company itself.