RosCo lawyers helped a client double the payment for leaving the limited liability company.

Case — Decision on case No. 2-8/2024 dated July 15, 2024

A participant in the enterprise, the limited liability company "Polymer", died. His heirs exercised the right to inheritance, which included, among other things, a share in the amount of 10/880 of the authorized capital of the enterprise.

One of the heirs, when leaving the enterprise, demanded that the limited liability company pay the actual value of the share in the authorized capital of this limited liability company.

To receive it, the heir filed an application to join the limited liability company, and then - to leave the limited liability company and pay him the actual value of the testator's share in the authorized capital.

The application also contained a request for the transfer of dividends based on the results of the enterprise's operations for 2020 and the provision of documentation for:

• assessment of the net assets of the enterprise;

• determining the actual value of a share of a participant in a limited liability company.

Before the trial, the applicant was paid a share according to the book value of assets in the amount of 3.5 million rubles, and dividends in the amount of 1.3 million rubles.

The plaintiff did not agree with the amount of compensation for the value of the share and, with the support of RosCo's lawyers, went to court.

As part of the trial, a forensic examination of the actual value of the share in the authorized capital of the Enterprise (Defendant) was conducted on the basis of a petition, according to which the market value of the share turned out to be twice as high as the book value.

A RosCo lawyer accompanied the client (Plaintiff) during the inspection of movable and immovable property of the Enterprise (Defendant), strictly controlled the legality of the actions of the experts and representatives of the Defendant.

Result: Limited Liability Company Polymer was obliged to pay the Plaintiff an additional 3,386,354 rubles and legal costs of 25,131 rubles. Further, the lawyers of RosCo will recover the legal costs for payment of the examination and work of specialists in the total amount of about 650,000 rubles from the Enterprise (Defendant) in favor of the Plaintiff.

The trial lasted a year, but the lawyers of RosCo managed to defend the interests of the client. This case once again showed how much the value of assets "on paper" can differ from their market value.

When calculating the share of the founder in a limited liability company, it is worth focusing not on its book value, but on the real value, estimated by experts on the basis of market indicators and primary documents.