Claims for the liquidation of legal entities are filed in court by persons who are not authorized to file such claims.
By the definition of the Council of Economic and Social Council of Kostanay region dated September 27, 2017, the claim of the State Institution "Directorate for Labor Inspection of the Akimat of Kostanay region" to the NGO "P" for compulsory liquidation was left without consideration on the basis of subparagraph 3) of Article 279 of the CPC. According to article 33 of the Law "On Trade Unions", in case of non-compliance with the requirements provided for in this article, trade unions are liquidated in court at the request of local executive bodies of regions, cities of republican significance, the capital on the basis of information from the judicial authorities. The court should have dismissed the claim due to the plaintiff's lack of authority to file it, since the Department of Labor Inspection of the Akimat of Kostanay Region, in accordance with paragraph 4 of Article 1 of the Law "On Local Public Administration and Self-Government in the Republic of Kazakhstan" is not a local executive body.
Article 50 of the Civil Code establishes the procedure for the liquidation of a legal entity. By virtue of the requirements of subparagraph 8) of Article 16 of the Law "On State Registration of Legal Entities and Registration of Branches and Representative Offices", the state registration of the termination of a legal entity liquidated by a court decision is carried out on the basis of a court decision and a court ruling on the completion of liquidation proceedings. The requirements of this provision of the law are consistent with paragraph 18 of Regulatory Decree No. 5, according to which a court decision on the compulsory liquidation of an absent legal entity or on the insolvency (bankruptcy) of an absent debtor is not a reason for excluding a legal entity from the state register of legal entities until the completion of liquidation procedures. A copy of the effective court decision on the compulsory liquidation of an absent legal entity or on declaring an absent debtor bankrupt is sent for information to the relevant judicial authority and the territorial subdivision of the authorized state body for statistics. It follows from the materials of civil cases and generalizations of local courts submitted for study that the issues of approving the liquidation balance sheet of absent legal entities were mostly not considered by the courts. Thus, the Council of Economic Cooperation of Kostanay region decided to liquidate K LLP due to the death of its head and founder by removing it from the tax registration register, whereas such requirements are not provided for by law. The Council of Economic Cooperation of North Kazakhstan Region issued a decision on July 14, 2017 on the liquidation of LLP "E" due to the failure to submit tax reports. At the same time, the court has not assigned any responsibilities for the liquidation of this legal entity. Subsequently, the authorized bodies registered the registration of compulsory liquidation. These circumstances contradict the requirements of Article 50 of the Civil Code, as the court did not approve the liquidation balance sheet of these legal entities. Consequently, the legality of the orders of the authorized bodies on registration of liquidation of legal entities and making an entry on their liquidation in the National Register of Business Identification Numbers is questionable.
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