The right to file a claim for the liquidation of a partnership
According to subparagraph 3 of paragraph 6 of Article 42 of the Civil Code, a legal entity is subject to re-registration in the event of a change in the membership of a business partnership. The amendments made to the constituent documents on the above grounds are invalid without re-registration of the legal entity. S. filed a lawsuit to liquidate T LLP, arguing that in 2015 she inherited a share in the authorized capital of the partnership after the death of her husband G. It follows from the case file that the re-registration of the partnership due to a change in the composition no participants have been made. Therefore, With. is not a member of the Partnership. In such circumstances, the court, rejecting the claim, legitimately pointed out that the claim was filed by a person who does not have the right to file it. The right to file a claim for the liquidation of a partnership on the grounds of the absence of a legal entity belongs to the authorized state body.
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