The criterion of the possibility of influencing the voting results when challenging the decisions of the governing bodies of legal entities (clause 4 of Article 181.4 of the Civil Code of the Russian Federation)

the article is devoted to a theoretical and practical analysis of the criterion established by clause 4 of Article 181.4 of the Civil Code of the Russian Federation for a member of a corporation challenging a decision of the meeting to be able to influence the decision as a prerequisite for the satisfaction of such claims. The article provides an analysis of practical examples of the application of such a criterion, the results of which state the lack of certainty in the content of such a criterion. The author substantiates the thesis that the criterion of being able to influence the decisions of the meeting is not inherently linear and does not depend solely on the number of votes of a corporation participant, since it may be determined by other factors. At the end of the analysis, the paper formulates proposals for improving current law enforcement practice.

decisions of the meetings, challenging the decision of the meetings, the criterion of influencing the decision, the ability to influence the decision, the invalidity of the decision of the meeting, corporate governance, judicial practice