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Judgment of the Plenary Session of the Supreme Commercial Court of 30 July 2013 № 61 “On Certain Questions of the Practice of Consideration of Disputes Connected to the Veracity of the Address of a Legal Person” 

According to the interpretation of rules in force, given by the present Judgment:

- the registering body may not impose upon the person who applied for State registration the burden of confirming the veracity of the address;

- the registering body may refuse to register a legal person if there is a proven information that its address is not true, that is, that the address was indicated in application without intention to use it for the purposes of communication with the legal person. The falsity of the address may be clear, inter alia, from the fact that such address has already appeared as an address of a large number of other legal persons, with respect to which there is an evidence that it is impossible to contact them by this address, and equally from a number of other circumstances listed in the Judgment;

- the registering body must substantiate its refusal to register in an exhaustive fashion by citing not only the respective provision of the law but also all specific circumstances which, in its opinion, testify to the falsity of the address;

- the registering body may not refuse to carry out State registration on the ground that the premises or building whose address was indicated for the purposes of contacting the legal person is not fit for the activities of a legal person in general or for the kind of activity which was indicated in documents submitted for registration. At the same time, registration at the address of an apartment is admissible only in cases when its owner gave his consent to it; the consent is presumed if the apartment in question is the place of residence of the shareholder or a person who may act on behalf of the legal person without a power of attorney (for instance, its CEO). The owner or another lawful possessor may sue the legal person in commercial court, demanding to cease using his address for the purposes of communication with the legal person;

- in case of the failure to submit within a reasonable term the correct data on the address of legal person upon the request of the registering body, the latter may turn to commercial court with the demand to liquidate such legal person; the court ruling concerning the acceptance of such demand for consideration shall be sent to the places of residence or registered addresses of its members (shareholders). The liquidation demand may be refused if the registering body has not adopted measures aimed at making the legal person to bring the address into conformity with the reality;

- at a stage of preparation of the case for judicial proceedings the court may propose to the legal person to take measures in order to make the address conformant to the reality by way of submitting true information on it to the registering body.

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