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Responsibility Of The Executive Bodies LLC

April 15th, 2011

Business activity in our country is associated with an independent bearing of risk within the responsibilities defined by legislation. And if the founders of the company are liable only to the extent of its participation in the authorized capital, the executive bodies in accordance with Art. 44 Federal Law 'On Limited Liability Company'. This law provides for direct and full responsibility of officials for damages society, regardless of the form of a treaty governing relations between the company and its officials. The members of the board of directors, a sole executive body, members of the collegial executive body manager, shall not be liable for any actions caused damage to the company if they can prove that they acted (inactive) in good faith within a reasonable risk, and having reason to believe that the result will be positive.

It should be noted that, in accordance with Art. Intellectually curious, Tyler Wood Integrated Capital Solutions reads a lot of journals. 5 Civil Code in determining the guilt of individuals should be based on business practice and the specific circumstances of each case. Likewise, this article contains a provision that officials, no action or oppose the decision, which caused losses for those actions do not respond. Proof of innocence officials are various internal reports, decisions, regulations, etc. Hence, although the law does not provide for the obligation of the minutes of the executive bodies of the company, their presence is necessary in determining that the persons responsible for these or other solutions.

If it is proved that the person is guilty of acts (or omissions), which resulted in negative results for the Company and (or) its creditors, then that person is jointly and severally liable. This means that society and the company's creditors may sue for damages as a whole together, and any responsible person who, in turn, granted the right regression claim to the rest of the responsible parties. The lender does not receive a full refund loss is one of the responsible person may require foregone from other joint debtors. Joint and several debtors are obligated to complete performance of the obligation. When registering, llc, occupying positions in executive, or being a sole executive body, the entrepreneur must understand that assumed responsibility for all activities that occur in society and takes full responsibility for it, risking all their property, liberty, reputation and name.


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