Do not reject the participant of public procurement, if the powers of the Director have expired — they could not stop
To confirm the powers of the General Director, the state procurement participant submitted the minutes of the General meeting of the company. According to the document, the term of office ended on the day of the announcement of the purchase. The Board rejected the application, deciding that the credentials had not been confirmed on the date of application.
The Supervisory authority and the courts disagreed with the Commission's decision. There are no provisions in the law according to which the expiration of the term of office of the head means their termination. Consequently, such a leader performs his functions until the election of a new one. There was no decision on termination of authority or appointment of a new Director as part of the participant's application. The Board therefore had no reason to believe that the former Director had not served as Manager at the time of the application.
Document: decision of the Arbitration court of 23.08.2018 in the case N A56-50010/2017