RESOLUTION OF THE PLENUM OF SUPREME ECONOMIC COURT OF THE REPUBLIC OF BELARUS

of October 24, 2012 No. 10

About entering of amendments into the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of October 31, 2011 No. 20

Plenum of Supreme Economic Court of the Republic of Belarus, having considered materials of generalization of court practice on disputes with participation of affiliates of economic societies, being guided by Articles 74, 75 Codes of the Republic of Belarus about judicial system and the status of judges, DECIDES:

In Item 24 of the resolution of the Plenum of Supreme Economic Court of the Republic of Belarus of October 31, 2011 No. 20 "About some questions of hearing of cases with participation of the commercial organizations and their founders (participants)" (The national register of legal acts of the Republic of Belarus, 2011, No. 130, 6/1091):

after part four to add Item with parts of the following content:

"In case of application of paragraphs of the fifth and sixth of part one of article 56 of the Law on economic societies it is necessary to consider that:

economic society is recognized affiliated if other (main) economic society or partnership owing to the prevailing participation in its authorized fund and (or) according to the agreement signed between them and (or) otherwise has opportunity to determine the decisions made by such society (Item 1 of Article 105 of group of companies, part one of article 7 of the Law on economic societies);

otherwise it is necessary to understand as possibility of the main economic society to determine the decisions made by affiliated economic society, for example, opportunity to determine the solution on election of sole executive body and (or) more than a half of board members (supervisory board), board or directorate, and also opportunity to determine the decision on delegation of power of sole executive body by the agreement of other commercial organization (management company) or the individual entrepreneur (managing);

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info