LLC Charters must be Aligned with the Legislation when First Amended, not by 1 January 2010.
Legal Update No. 98.
Goltsblat GBLP advises that Federal Law No. 310-FZ dated 17 December 2009 “On Amending Article 5 of the Federal Law “On Amending the First Part of the Civil Code and Certain Legal Acts of the Russian Federation” came into effect on 22 December 2009.
The amendments introduced into the first part of the Civil Code of the Russian Federation and the Federal Law “On Limited Liability Companies” by Federal Law No. 312-FZ dated 30 December 2008 stipulated that the charters of LLCs set up before 1 July 2009 be aligned with these legislative acts “by 1 January 2010 at the latest”
The new federal law now runs that the charters of LLCs set up before 1 July 2009 and not aligned with the given legislative acts by 22 December 2009 should be brought into line with them “when first amended”.
As before, until being aligned with the first part of the Civil Code of the Russian Federation and the Federal Law “On Limited Liability Companies” (in their new versions amended by Federal Law No. 312-FZ of 30 December 2008), LLC charters and foundation agreements may remain in effect to the extent that they do not run counter to these legislative acts.
For additional information, please contact:
Anton Sitnikov, Partner,
Head of Corporate / M&A, Goltsblat BLP,
Tel: +7 (495) 287 44 44,
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