Withdrawal and Exclusion of a Foreign Participant from a Russian LLC

 

August 25, 2022

BRACE Law Firm ©

 

The legal status of foreign individuals and legal entities as participants (founders) of Russian limited liability companies (the "LLC") has significant specific features regarding both the regulation of relations with such subjects and legal protection.

When a foreign participant withdraws or is excluded from a Russian LLC, it is necessary to consider both general legislative requirements and regulatory specifics associated with the participant's status as a foreign person. Let us examine these features in detail.

Applicable Law and Guarantees for Foreign Investors

As a general rule deriving from Article 4, Clause 1 of Federal Law No. 160-FZ On Foreign Investments in the Russian Federation [1] (the "Law on Foreign Investments"), foreign persons are entitled to conduct entrepreneurial activity throughout the Russian Federation on equal terms with Russian organizations and citizens. Exceptions to this rule are established by legislation. Legislation restricts the participation of foreign persons in limited liability companies engaged in certain types of activities. For example, foreign persons cannot be participants in private security companies [2].

The legal status of individuals and legal entities in relations regulated by private international law is determined in accordance with their personal law. Unless established otherwise by international treaties, the personal law of an individual in the Russian Federation is determined using the conflict of law rules of Article 1195 of the Civil Code of the Russian Federation (the "Civil Code"), and the personal law of a legal entity is determined by Article 1202 of the Civil Code. Personal law regulates, in particular, the following issues related to contractual obligations:

• the legal capacity and transactional capacity of the person;
• the authority of a person to execute transactions on behalf of a legal entity without a power of attorney;
• the necessity of obtaining consent (approval) for a transaction from the bodies of the legal entity or the owner of its property and the procedure for such approval, as well as the impact of violating the established procedure for obtaining consent (approval) on the validity of transactions [3].

However, special conditions for the admission of foreign investors to conduct activities in specific parts of the Russian Federation may be established by federal law when necessary to ensure the country's defense and state security. Such restrictions are established, for example, by Federal Law No. 7-FZ dated January 12, 1996, On Non-Commercial Organizations.

A Russian commercial organization acquires the status of a commercial organization with foreign investments from the day a foreign investor enters the composition of its participants. From this day, the commercial organization with foreign investments and the foreign investor enjoy the legal protection, guarantees, and privileges established by this Federal Law.

In particular, a foreign investor has the right to demand compensation for damages caused as a result of illegal actions (inaction) of state bodies, local self-government bodies, or officials of these bodies; the right to transfer rights to another person; protection against nationalization of the foreign investor's property except in cases established by federal law; and the right to freely use income obtained from sources in the Russian territory after fulfilling obligations to pay taxes and fees.

A commercial organization loses the status of a commercial organization with foreign investments from the day the foreign investor withdraws from its participants (if there are several foreign investors, upon the withdrawal of all foreign investors). From this day, the specified commercial organization and the foreign investor lose the legal protection, guarantees, and privileges established by the Law on Foreign Investments.

Thus, the participation of a foreign participant is subject to Russian legislation with restrictions established by special laws regulating specific types of activities. Relationships of foreign participants within a Russian legal entity are regulated by Russian legislation. The general principle for the participation of foreign persons in Russian LLCs is that the legal regime for the activity of foreign investors and the use of profits obtained from investments cannot be less favorable than the legal regime granted to Russian investors, with exceptions established by federal laws.

Such exceptions may only be established by federal laws and only to the extent necessary to protect the foundations of the constitutional order, morality, health, rights, and lawful interests of other persons, and to ensure the defense of the country and the security of the state. In addition to the mentioned restrictions on the participation of foreign persons in the authorized capital of Russian companies, there are restrictions on granting land plots in border territories of the Russian Federation to foreign legal entities.

A foreign participant in an LLC falls under the definition of a foreign investor provided in Article 2 of the Law on Foreign Investments. A foreign investor is a foreign legal entity whose civil legal capacity is determined in accordance with the legislation of the state in which it is incorporated. Furthermore, the acquisition of shares in the authorized capital of a Russian LLC qualifies as a "foreign investment."

Withdrawal of a Foreign Participant from an LLC

General requirements for withdrawal from an LLC are defined by Federal Law No. 14-FZ dated February 8, 1998, On Limited Liability Companies [4] (the "LLC Law"). A participant in a company has the right to withdraw from the company by alienating their share to the company regardless of the consent of other participants or the company, provided this is stipulated by the company's charter. However, the withdrawal of the sole participant from an LLC is not permitted.

The participant's application for withdrawal from the company must be notarized according to the rules provided by legislation on notaries for certifying transactions. The withdrawal of a participant (including a foreign one) is possible by filing an application for withdrawal. The application for withdrawal is subject to notarial certification. The share of the withdrawn participant passes to the company from the moment the company receives the application for withdrawal. Thus, to withdraw from the participants, such a participant must file an application for withdrawal, which is subject to notarial certification. The participant's application for withdrawal from the company must be notarized according to the rules provided by legislation on notaries for certifying transactions [5]. Furthermore, the notary who certified the participant's application for withdrawal files an application for introducing relevant changes to the Unified State Register of Legal Entities (the "USRLE") with the tax inspectorate carrying out the registration of legal entities within two working days from the date of such certification.

The application for introducing relevant changes to the USRLE is submitted in the form of an electronic document signed with the enhanced qualified electronic signature of the notary who certified the participant's application for withdrawal. This requirement of Article 26 of the LLC Law indicates that the application for a participant's withdrawal from an LLC can only be certified by a notary acting within the framework of Russian legislation.

Russian legislation does not contain restrictions on the right to file an application for withdrawal from an LLC based on a power of attorney. However, when performing such an action, one should consider that the possibility of completing this operation will largely depend on the willingness of the notary to certify such a transaction (withdrawal from an LLC) based on a power of attorney.

In accordance with Article 37 of the Fundamentals of Legislation on Notaries, consular institutions have the right to certify transactions. However, a consular official has the right to perform the following notarial actions: certify transactions (including contracts, wills, powers of attorney), except for contracts for the alienation of immovable property located in the Russian Federation and transactions aimed at the alienation or pledge of a share or part of a share in the authorized capital of a limited liability company created in the Russian Federation [6].

Thus, legislation does not contain a prohibition on certifying applications for withdrawal from an LLC. However, legislation does not regulate the procedure for consuls to submit applications to the tax inspectorate for registering the withdrawal from the participants.

Currently, strictly in accordance with applicable legislation, the application for withdrawal must be certified by a Russian notary (or an equivalent person). Previously, before the mandatory notarial certification of the withdrawal application was established, the following order applied. As stated in Clause 27 of Information Letter No. 158 of the Presidium of the Supreme Arbitration Court of the Russian Federation dated July 9, 2013, the Hague Convention of 1961 applies to official documents listed in Article 1, specifically: documents emanating from an authority or an official subject to the jurisdiction of the State, including documents emanating from a public prosecutor, a clerk of a court or a process-server, administrative documents, notarial acts, and official certificates which are placed on documents signed by persons in their private capacity, such as official certificates recording the registration of a document or the fact that it was in existence on a certain date and official and notarial authentications of signatures. Since an application for withdrawal from participants does not belong to state, administrative, or notarial acts, does not possess the corresponding details (official seal of the issuing state body, official seal and signature of the authorized official of the MFA of the country of origin), and relates to documents concerning commercial activity, it therefore does not require mandatory certification in the form of consular legalization or apostille, regardless of the place of compilation [7].

Currently, since the applicant for registering changes related to a participant's withdrawal from an LLC is the notary, it is necessary to consider the provisions of Article 106 of the Fundamentals of Legislation on Notaries, according to which documents created abroad with the participation of officials of competent authorities of other states or emanating from them are accepted by a notary subject to their legalization by an authority of the Ministry of Foreign Affairs of the Russian Federation. Legalization is carried out via consular legalization (Article 23 of the Consular Charter).

Such documents are accepted by a notary without legalization in cases provided for by the legislation of the Russian Federation and international treaties of the Russian Federation.

Since March 2, 2022, transactions (operations) entailing the emergence of ownership rights to securities and immovable property carried out with persons of foreign states committing unfriendly actions related to the introduction of restrictive measures against Russian citizens and legal entities may be carried out (executed) based on permits issued by the Government Commission on Control over Foreign Investments in the Russian Federation and, if necessary, containing conditions for the execution (performance) of such transactions (operations) in the procedure approved by the Government of the Russian Federation.

A similar procedure applies to the aforementioned transactions (operations) with foreign persons who are not persons of foreign states committing unfriendly actions if the subject of the transactions (operations) is securities and immovable property acquired after February 22, 2022, by said persons from persons of foreign states committing unfriendly actions, as well as to operations provided for in Clause 3 of Decree No. 79 [8].

Decree of the President of the Russian Federation No. 618 dated September 8, 2022, On the Special Procedure for the Execution (Performance) of Certain Types of Transactions (Operations) Between Certain Persons (the "Decree No. 618") introduced additional restrictive measures for foreign counterparties, including the requirement to obtain a permit from the Government Commission on Control over Foreign Investments.

Receipt of the Actual Value of the Share by a Foreign Participant

The LLC Law does not contain exceptions regarding the payment of the actual value of a share to a withdrawn participant. The procedure for calculating and paying such a share has no specific features based on the participant's status. However, taxation issues are of interest. According to Clause 6.1, Article 23 of the LLC Law, in the event of a participant's withdrawal from the company in accordance with Article 26 of the LLC Law, their share passes to the company. The company is obliged to pay the participant who filed the application for withdrawal the actual value of their share in the authorized capital of the company, determined based on the company's financial statements for the last reporting period preceding the day of filing the application for withdrawal, or, with the consent of this participant, to issue them property of the same value in kind, or in the case of incomplete payment of their share in the authorized capital of the company, the actual value of the paid part of the share.

In accordance with Article 246 of the Tax Code of the Russian Federation (the "Tax Code"), taxpayers of corporate profit tax are Russian organizations as well as foreign organizations carrying out their activities in the Russian Federation through permanent establishments and/or receiving income from sources in the Russian Federation.

The object of taxation for profit tax for Russian organizations is the received income reduced by the amount of incurred expenses, determined in accordance with Chapter 25 of the Tax Code. In accordance with Sub-clause 4, Clause 1, Article 251 of the Tax Code, income in the form of property (property rights) received within the limits of the contribution by a participant of a business company or partnership (their successor or heir) upon withdrawal from the business company or partnership, or upon distribution of the property of a liquidated business company or partnership among its participants, is not taken into account for profit taxation.

The provisions of Sub-clause 4, Clause 1, Article 251 of the Tax Code apply, among others, to legal relations involving foreign organizations. If the taxpayer is a foreign organization and does not carry out its activity through a permanent establishment in the Russian Federation, then according to Article 247 of the Tax Code, income received from sources in the Russian Federation is recognized as the object of taxation for profit tax.

According to Sub-clause 2, Clause 1, Article 309 of the Tax Code, income received as a result of the distribution of profits or property of organizations, other persons, or their associations in favor of foreign organizations, including upon their liquidation, relates to income of a foreign organization from sources in the Russian Federation and is subject to taxation, withheld at the source of payment. Thus, income in the form of the actual value of a share in the authorized capital of a limited liability company received by a foreign organization upon withdrawal from the company is subject to taxation at the source of payment in the Russian Federation in the part exceeding the contribution of this foreign participant to the LLC's authorized capital.

The obligation to calculate, withhold, and transfer profit tax to the budget from the income of a foreign organization lies with the tax agent—the organization paying income to such a foreign organization [9]. Furthermore, in the event of failure to withhold the amounts of due tax by the tax agent (the Russian organization), the latter may be held liable in the amount of 20 percent of the tax amount.

The company is obliged to pay the participant the actual value of their share or part of a share in the authorized capital of the company or to issue them property of the same value in kind within three months from the day the corresponding obligation arises, unless a different term or procedure for paying the actual value of the share or part of a share is provided by the company's charter.

Thus, if the actual value of the participant's share upon withdrawal exceeds the initial cost of the share, the payment in the part exceeding the contribution of this foreign participant to the company's authorized capital is recognized for taxation purposes as income of the taxpayer — the company participant [10].

When determining the tax rate to be withheld by the tax agent (the Russian organization), it should be taken into account that if the actual value of the participant's share upon withdrawal exceeds the initial cost of the share, the payment in the part exceeding the contribution of this foreign participant to the authorized capital constitutes income of the taxpayer—the company participant for tax purposes.

Pursuant to Clause 1, Article 43 of the Tax Code, a dividend is recognized as any income received by a shareholder (participant) from an organization upon distribution of profit remaining after taxation (including in the form of interest on preferred shares) on shares (interests) belonging to the shareholder (participant) in proportion to the shares of shareholders (participants) in the authorized (pooled) capital of this organization.

Consequently, payments are recognized as dividends for taxation purposes if they are paid from profit remaining after taxation and in proportion to the participant's share in the authorized capital. The actual value of the former participant's share is paid from profit remaining after taxation. The condition that the organization's funds must be distributed in proportion to the participant's contribution is also met in this case.

In accordance with Sub-clause 4, Clause 1, Article 251 of the Tax Code, income in the form of property or property rights received within the limits of the contribution by a participant of a business company upon withdrawal from the business company is not taken into account when determining the tax base. The provisions of this norm of the Tax Code apply, among others, to legal relations involving foreign organizations. In this case, tax rates are applied in accordance with the Tax Code, unless established otherwise by an agreement between states on the avoidance of double taxation.

In a specific case, it was established that pursuant to Clause 6, Article 275 of the Tax Code, if an organization recognized as a tax agent under the Tax Code pays income in the form of dividends to a foreign organization, the tax base of the dividend recipient taxpayer for each such payment is determined as the sum of paid dividends, and the tax rates established by Sub-clause 3, Clause 3, Article 284 or Clause 3, Article 224 of the Tax Code apply (unless other tax rates are provided by an international treaty of the Russian Federation regulating taxation issues) [11].

For example, the Agreement between the Government of the Russian Federation and the Government of the Republic of Cyprus dated December 5, 1998, On Avoidance of Double Taxation with Respect to Taxes on Income and Capital, is in effect. Payments are recognized as dividends for taxation purposes if they are paid from profit remaining after taxation and in proportion to the participant's share in the authorized capital. The actual value of the share of the former company participant is paid from profit remaining after taxation. The condition that the organization's funds must be distributed in proportion to the participant's contribution is also met in this case.

According to Clause 3, Article 10 of the Agreement, the term "dividends" as used in Article 10 of the Agreement means, inter alia, income from shares or other rights, not being debt-claims, participating in profits, as well as income—even paid in the form of interest—which is subjected to the same taxation treatment as income from shares by the laws of the State of which the company making the distribution is a resident. Consequently, income in the form of payments made to a foreign company by a Russian organization, in the part exceeding the amount of the contribution of this foreign participant to the authorized capital, must be qualified as dividends for taxation purposes and be subject to taxation at the source at rates provided by Clause 2, Article 10 of the Agreement.

Furthermore, foreign participants are also subject to the rules established by Decree of the Government of the Russian Federation No. 497 dated March 28, 2022, On the Introduction of a Moratorium on the Initiation of Bankruptcy Proceedings upon Applications Filed by Creditors. According to Sub-clause 2, Clause 3, Article 9.1 of Federal Law No. 127-FZ dated October 26, 2002, On Insolvency (Bankruptcy) (the "Bankruptcy Law"), the consequences provided, inter alia, by Paragraph 5, Clause 1, Article 63 of the Bankruptcy Law, arise for the term of the moratorium. This norm establishes, in particular, a ban on the payment of the actual value of a share. That is, a participant has the right to withdraw from a limited liability company, but during the moratorium, the company does not have an obligation to pay the actual value of the share.

At the same time, any person subject to the moratorium has the right to declare a waiver of the application of the moratorium regarding them by entering information about this into the Unified Federal Register of Bankruptcy Information. After the publication of the statement of the person's waiver of the moratorium application regarding them, the moratorium does not extend to such person, and restrictions on rights and duties regarding them and their creditors do not apply.

Thus, to be able to pay the actual value of the share to a participant, the LLC needs to declare a waiver of the application of the bankruptcy moratorium or wait for the moratorium to expire. These rules apply fully to the withdrawal of foreign participants.

If the LLC participant is a foreign individual, such person must pay Personal Income Tax (NDFL) at the source of income receipt, which is withheld by the LLC from which such participant withdraws. In this case, the tax rate will be 30 percent (Article 224 of the Tax Code).

Exclusion of a Foreign Participant from a Russian LLC

The exclusion of a foreign participant from a Russian LLC is subject to the general conditions provided by the LLC Law. Such exclusion is possible only through judicial proceedings. The grounds for exclusion are general and listed in Article 10 of the LLC Law. Such grounds are a gross violation of duties by the participant or if the participant, by their actions (inaction), makes the company's activity impossible or significantly hinders it. Such violations, in particular, may include:

• systematic evasion without valid reasons from participation in the general meeting of LLC participants, depriving the company of the ability to make significant business decisions on agenda items of the general meeting, if the failure to make such decisions causes significant harm to the company and/or makes its activity impossible or significantly hinders it;
• commission by the participant of actions contrary to the company's interests, including while performing the functions of the sole executive body (e.g., causing significant damage to the LLC's property, acting in bad faith to execute a transaction to the detriment of the company's interests, economically unjustified dismissal of all employees, engaging in competing activity, voting to approve a knowingly unprofitable transaction), if these actions caused significant harm to the company and/or made the company's activity impossible or significantly hindered it [12].

Additional grounds for exclusion may be provided by special laws. According to Clause 9, Article 19 of Law No. 52-FZ [13], legal entities that had, in accordance with their constituent documents, the location of a permanently operating executive body in the territory of the Republic of Crimea or the territory of the federal city of Sevastopol on the day of the admission of the Republic of Crimea to the Russian Federation and the formation of new subjects within the Russian Federation, and which did not bring their constituent documents into conformity with the legislation of the Russian Federation, did not apply for the entry of information about them into the USRLE, and did not acquire the status of a branch (representative office) of a foreign legal entity by March 1, 2015 [14], do not have the right to conduct activity in the territory of the Russian Federation after this period and are subject to liquidation.

Thus, if a legal entity, which had the location of a permanently operating executive body in the territory of the Republic of Crimea or the territory of the federal city of Sevastopol on the day of the admission of the Republic to the Russian Federation in accordance with its constituent documents, did not bring its constituent documents into conformity with the legislation of the Russian Federation, did not apply for the entry of information about them into the Unified State Register of Legal Entities, and did not acquire the status of a branch (representative office) of a foreign legal entity, it is subject to exclusion from the company as a participant upon the claim of another participant, as this makes the company's activity impossible or significantly hinders it.

Therefore, the combination of provisions of Clause 10, Article 19 of Law No. 52-FZ, Article 10 of Law No. 14-FZ, and Clause 3, Article 4 of Law No. 160-FZ explicitly points to the exclusion of a participant from the company even if such participant, previously registered in the territory of the Republic of Crimea and subsequently a foreign legal entity, did not acquire the status of a branch (representative office) of a foreign legal entity in the territory of the Republic of Crimea [15].

Jurisdiction of Disputes on Withdrawal and Exclusion of Foreign Participants (Founders) from Russian LLCs

Russian arbitration courts (commercial courts) consider cases on economic disputes and other cases related to entrepreneurial and other economic activity involving foreign organizations, international organizations, foreign citizens, stateless persons carrying out entrepreneurial and other economic activity, and foreign states, or arising from relations complicated by another foreign element, within the powers established by Chapter 4 of the Arbitration Procedure Code of the Russian Federation (the "APC RF").

When resolving the issue of the competence of arbitration courts of the Russian Federation regarding economic disputes complicated by a foreign element, arbitration courts will be guided by the general rules established by Article 247 of the APC RF, rules on exclusive and contractual competence, and rules on the competence of arbitration courts to apply interim measures in economic disputes complicated by a foreign element established by Article 250 of the APC RF.

The competence of Russian courts in considering cases with a foreign element is determined in accordance with Article 247 of the APC RF. Arbitration courts in the Russian Federation consider cases on economic disputes and other cases related to entrepreneurial and other economic activity involving foreign organizations, international organizations, and foreign citizens, including if:

• the defendant is located or resides in the territory of the Russian Federation or the defendant's property is located in the territory of the Russian Federation;
• the management body, branch, or representative office of the foreign person is located in the territory of the Russian Federation;
• the dispute arose from a contract, the performance of which was to take place or took place in the territory of the Russian Federation (e.g., in the presence of a corporate agreement);
• in other cases where there is a close connection of the disputed legal relationship with the territory of the Russian Federation.

Based on the above, a claim for the exclusion of a foreign participant will be considered by an arbitration court of the Russian Federation. Furthermore, even if the defendant does not actually reside in the territory of the Russian Federation or does not have representative offices and branches in the territory of the Russian Federation, it appears that since the exclusion is from a Russian LLC, the dispute will in any case be closely connected with the territory of the Russian Federation and property located in the territory of the Russian Federation.

In a specific case determining jurisdiction, the court ruled that a claim for the exclusion of a participant (a foreign citizen) is subject to consideration in an arbitration court of the Russian Federation because it established that, although the defendant had departed from the territory of Russia, they previously resided at a specific address in Russia [16].

According to Article 36 of the APC RF, a claim against a defendant whose location or place of residence is unknown may be filed with the arbitration court at the location of their property or at their last known location or place of residence in the Russian Federation. A claim against a defendant located or residing in the territory of a foreign state may be filed with the arbitration court at the location of the defendant's property in the territory of the Russian Federation.

In turn, the parties have the right to establish contractual competence for the consideration of disputes in a Russian arbitration court. In such a case, participants in relations may conclude a prorogation agreement to transfer all or certain disputes that have arisen or may arise between them in the future to an arbitration court of the Russian Federation, regardless of whether such legal relationship was contractual in nature or not. It should be noted that contractual jurisdiction does not alter the exclusive competence of a foreign court (Article 249 of the APC RF).

Foreign investors have the right to protect their economic interests as third parties in a case considered by an arbitration court of the Russian Federation. Thus, the withdrawal and exclusion of a participant — a foreign person — is regulated by Russian legislation.

When assessing the possibility of transferring a dispute to an arbitral tribunal (treteysky sud), one should take into account that due to the direct prohibition in Article 225.1 of the APC RF, a dispute regarding the exclusion of a participant from an LLC cannot be transferred to an arbitral tribunal. This restriction does not apply to disputes regarding an international company if its charter provides for the application of foreign law and foreign exchange rules to the international company and contains an arbitration agreement. At the same time, disputes related to the payment of the actual value of a share may be transferred for consideration to an arbitral tribunal.

Given the current situation, one should monitor changes in Russian legislation in the event of amendments regulating the withdrawal of a foreign person from a state occupying an unfriendly position regarding the Russian Federation.

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References

[1] Federal Law No. 160-FZ dated July 9, 1999, On Foreign Investments in the Russian Federation.

[2] Law of the Russian Federation No. 2487-1 dated March 11, 1992, On Private Detective and Security Activity in the Russian Federation.

[3] Clause 14 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 24 dated July 9, 2019, On the Application of Private International Law Rules by Courts of the Russian Federation.

[4] Federal Law No. 14-FZ dated February 8, 1998, On Limited Liability Companies.

[5] Fundamentals of Legislation of the Russian Federation on Notaries (approved by the Supreme Soviet of the Russian Federation on February 11, 1993, No. 4462-1). [6] Article 26 of Federal Law No. 154-FZ dated July 5, 2010, Consular Charter of the Russian Federation.

[7] Resolution of the Arbitration Court of the Central District dated April 17, 2017, No. A62-7186/2013.

[8] Decree of the President of the Russian Federation No. 79 dated February 28, 2022, On the Application of Special Economic Measures in Connection with the Unfriendly Actions of the United States of America and Foreign States and International Organizations Joining Them.

[9] Letter of the Ministry of Finance of Russia No. 03-03-06/1/132 dated March 12, 2010.

[10] Resolution of the Arbitration Court of the Volga District dated August 24, 2021, No. F06-7004/2021.

[11] Resolution of the Arbitration Court of the Volga District dated August 24, 2021, No. F06-7004/2021 in case No. A65-27690/2020.

[12] Clause 35 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 25 dated June 23, 2015, On the Application by Courts of Certain Provisions of Section I of Part One of the Civil Code of the Russian Federation.

[13] Federal Law No. 52-FZ dated November 30, 1994, On the Introduction into Force of Part One of the Civil Code of the Russian Federation.

[14] Article 12.1 of Federal Constitutional Law No. 6-FKZ dated March 21, 2014, On the Admission of the Republic of Crimea to the Russian Federation and the Formation of New Subjects within the Russian Federation — the Republic of Crimea and the Federal City of Sevastopol.

[15] Resolution of the Arbitration Court of the Central District dated August 5, 2020, No. A83-9080/2019.

[16] Resolution of the Federal Antimonopoly Service of the Far Eastern District dated April 29, 2014, No. F03-1042/2014.