Content: S18-276.docx (16.23 KB)
Uploaded: 19.11.2018

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A joint-stock commercial bank appealed to an arbitration court with a limited liability company to recover the amount of the debt under the loan agreement, as well as interest on the use of the loan and increased interest due to non-return of the loan within the period stipulated by the agreement. The defendant declared a counterclaim to invalidate the loan agreement, stating that the amount of claims made by the claimant exceeds 25 percent of the book value of the company´s property and that the director’s conclusion of this loan contract contradicts article 46 of the Federal Law "On Limited Liability Companies".
The arbitration court upheld the main claim of the joint-stock commercial bank and dismissed the counterclaim filed by the defendant.
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