Legal basis for the exclusion of a member from a limited liability company: gaps in the legislation

Abstract

In this article, the authors examine the problem of the lack of a specific list of grounds for excluding a member of a company from the company in the legislation, as well as the problem of the lack of clear criteria in the legislation for a gross violation of the LLC member’s duties, which makes it impossible for the company to operate or significantly complicates it. The author’s goal is to study the gaps in legal regulation, analyze the positions of scientists and judicial practice. The article analyzes the judicial practice of the highest courts, which distinguishes whether a particular action or inaction by a participant is a basis for exclusion, and also establishes which circumstances will serve as a basis for denying a claim to exclude a participant from the company.