Legal Updates

A company filing a claim need show financial robustness and existence of assets is not sufficient for exemption from placing a guarantee

April 4, 2024

A company was required to place a guarantee as part of a lawsuit it filed, even though it owns assets worth dozens of times more than the amount of the guarantee.

The Court accepted the motion to deposit a guarantee due to company’s failure to meet the threshold required to establish financial stability. When a limited liability company files a claim, it must place a guarantee to secure the defendant’s expanses. However, it is withing the Court’s discretion to exempt the company from placing the guarantee if it demonstrates its financial ability to pay the counterparty’s expanses, when taking into account the nature and essence of the procedure and the expected expenses within it. Here, the company indeed owns assets of high value, but the scope of its debts and obligations is unknown. Therefore, presenting the company's assets without presenting its overall financial position is insufficient for meeting the financial ability threshold required for exemption from placing a guarantee.