Exiting society after violating the terms of the state contract will not help to avoid inclusion in the RNP
The parties entered into a contract for design and survey work. After repeated claims, the customer decided to unilaterally refuse to fulfill the contract: the contractor did not fulfill obligations in a timely manner. Information included in the RNP.
The founder of the legal entity considered that the data on it was entered into the register without reason:
dishonesty of his behavior during the execution of the contract has not been proven;
at the time the information was entered into the register, he was no longer the founder.
The courts did not support him. During the period of unfair performance of the contract, he was the founder of the legal entity. There are no reasons not to include information about him in the register.
The courts were guided by the following:
obligations are improperly performed, which confirms the negative conclusion of the state examination;
the contractor could eliminate the deficiencies in a reasonable amount of time;
the customer has already tried to recover in court an unfulfilled advance payment under this contract, as well as a forfeit;
the decision to leave the company, as well as the dismissal of the general director, was made after the customer’s claims and consultation with the lawyer. That is, after violation of the terms of the contract;
there was no information about the appointment of a new leader on the date the case was examined in court;
the founder appealed to the tax authority to update the information in the Unified State Register of Legal Entities, after all the circumstances were established for making a decision on unilateral refusal.
Recall that information about the founder who left the company before concluding the contract cannot be included in the RNP.
Document: Resolution of the Administrative Court of the Far Eastern District of 04.06.2020 in the case of N A73-15256 / 2019