Corporate disputes of limited and additional liability partnerships
The activities of limited and additional liability partnerships, the rights and obligations of their participants, are based on the Constitution of the Republic of Kazakhstan and consist of the Civil Code of the Republic of Kazakhstan (hereinafter referred to as the Civil Code), the Law of the Republic of Kazakhstan dated April 22, 1998 No. 220-I "On Limited and Additional Liability Partnerships" (hereinafter referred to as the Law) and others regulatory legal acts. In the first part of Article 27 of the Civil Procedure Code of the Republic of Kazakhstan (hereinafter – CPC), the definition of corporate disputes is disclosed through subject and subject criteria. The subjects of a corporate dispute involving a limited liability partnership are: the partnership as a legal entity on whose behalf its body has made a decision;
officials of the partnership are members of a collegial or sole executive body, members of the supervisory board (paragraph 2 of Article 41 of the Law, sub-paragraphs 3), 5) and 10) of the first part of Article 27 of the CPC); participants (founders) of the partnership, including former ones; persons who joined the partnership as a result of the acquisition of shares, in accordance with the procedure established by Law (Article 22 and paragraph 2 of Article 28 of the Law). The methods of protecting the rights and legitimate interests of participants in a corporate dispute listed in subparagraphs 1) to 10) of the first part of Article 27 of the CPC are not exhaustive.
Legislative acts of the Republic of Kazakhstan may provide for other ways of protecting rights. In accordance with the first part of Article 27 of the CPC, corporate disputes are assigned to the jurisdiction of specialized interdistrict economic courts and are subject to consideration in the order of claim proceedings. If there is an arbitration agreement, a corporate dispute may be submitted to arbitration in accordance with Article 8 of the Law of the Republic of Kazakhstan dated April 8, 2016 No. 488-V "On Arbitration".
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