The Moscow Arbitration Court sets a concerning example in the situation involving the previous owner of TPO Reserve, Semyon Lamdon.
Former CEO and co-owner OOO TPO Reserve Semyon Lamdon is compelled to go to court to demonstrate the unfairness of having to pay damages totaling over 349 million rubles from 2009 to 2018. The city of Moscow's Arbitration Court had previously ruled in favor of the lawsuit brought against Lamdon by the new owners of the company.
Semyon Lamdon has appealed to the Ninth Arbitration Court of Appeal. Certain attorneys have expressed concerns that the initial ruling could create a dangerous precedent, potentially extending the general time limit on arbitration cases from three years to 10 years or more.
Does the statute of limitations apply to everyone?
Semyon Lamdon co-established the Reserve cooperative in 1987. The company has operated with its current name since 1995. Lamdon served as the General Director of TPO Reserve for an extended period before gradually stepping away from the business. In 2019, he made an agreement with Sergey Zaitsev, remaining the managing partner while being obligated to pay 1.7 million rubles monthly. Lamdon transferred most of his shares in the business to Zaitsev at face value, but retained the right to claim 38.7 million rubles from TPO Reserve for accounts payable stemming from the company's inability to fulfill its obligations to Bank Zenit JSC.
Initially, Semyon Lamdon received a regular salary, but a few months later the new owners failed to meet their obligations. In February 2020, Lamdon left the company, but the final settlement was not completed. He filed a lawsuit with the Presnensky District Court of Moscow, where the judge recognized his claims as valid and ordered “TPO “Reserve” to pay wage arrears and satisfied claims worth 38.7 million rubles.
However, the new owners of TPO Reserve still have not adhered to the court decision. Additionally, they have filed claims against Semyon Lamdon, despite Sergey Zaitsev having already sold the company to Tigran Tsaturyan. Both Tsaturyan and the general director of TPO Reserve, Dmitry Pruslin, filed claims against Lamdon in excess of 388.7 million rubles, contesting deals made between 2008 and 2019. Judge Elena Fortunatova largely supported the plaintiffs’ claims, despite the expiration of the statute of limitations. Moreover, the judge suggested that the limitation period begins anew for each new member of the legal entity, which could potentially be exploited by dishonest entrepreneurs who transfer property to a friendly individual. Whether the Ninth Arbitration Court of Appeal deems Judge Fortunatova's decision lawful remains to be seen.
