RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION, PLENUM OF THE SUPREME ARBITRATION COURT OF THE RUSSIAN FEDERATION

of December 9, 1999 No. 90/14

About some questions of application of the Federal Law "About Limited Liability Companies"

For the purpose of ensuring the correct application by courts and Arbitration Courts (further - courts) the Federal Law of February 8, 1998 "About limited liability companies", and also considering that courts had questions requiring permission, the Plenum of the Supreme Court of the Russian Federation and the Plenum of the Supreme Arbitration Court of the Russian Federation decide to make to courts the following explanations.

1. By consideration of the disputes connected using the Federal Law "About Limited Liability Companies" (further - the Law), courts should recognize that its action extends to all limited liability companies, including those which acquired such form of business according to article 6 of the Federal Law of October 21, 1994 "About enforcement of part one of the Civil code of the Russian Federation", providing application of regulations of the legislation on limited liability companies to earlier created limited liability partnerships and obliging the last to bring the constituent documents into accord with regulations of Chapter 4 of the Code about limited liability companies according to the procedure and the terms determined by the Law.

Based on Item 3 of Article 95 of the Civil code of the Russian Federation of the rule of the Code about limited liability companies, and respectively, and provisions of the Law are applied also to additional liability companies as other is not provided by the special rules established for these societies.

2. According to Item 2 of article 1 of the Law of feature of legal status, procedure for creation, reorganization and liquidation of limited liability companies in spheres of banking, insurance and investing activities, and also in the field of production of agricultural products are determined by the Federal Laws.

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