Валерия Зеновина
Арбитражный суд Новосибирской области признал нарушением случай, когда фирма действовала с наименованием, которое вправе использовать только адвокатура (Решение Арбитражного суда Новосибирской области от 6 октября 2016 г. по делу № А45-17216/20161). В наименовании фирмы использовалось словосочетание «юридическая консультация». Сегодня на своем официальном сайте ФПА России сообщила о данном решении, которое охарактеризовано как прецедентное.
Обстоятельства дела складывались следующим образом. Адвокатская палата Новосибирской области направила в областное Управление ФНС России обращение о незаконном использовании в названии фирмы термина, который по закону вправе использовать только адвокатура. Организацию дважды предупреждали о необходимости привести свое наименование в соответствие с действующим законодательством, причем в рамках мероприятий по досудебному урегулированию спора.
Какие слова и словосочетания не могут включаться в фирменное наименование юридического лица? Узнайте из материала «Требования к фирменному наименованию» в «Энциклопедии решений. Корпоративное право» интернет-версии системы ГАРАНТ. Получите полный доступ на 3 дня бесплатно!
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Но нарушение устранено не было, поэтому Управление ФНС по Новосибирской области обратилось в суд. Отметим, что использование в наименованиях организаций и общественных объединений терминов «адвокатская деятельность», «адвокатура», «адвокат», «адвокатская палата», «адвокатское образование», а также «юридическая консультация» или словосочетаний, включающих в себя эти термины, допускается только адвокатами и адвокатскими образованиями (ст. 5 Федерального закона от 31 мая 2002 г. № 63-ФЗ «Об адвокатской деятельности и адвокатуре в Российской Федерации»; далее – закон об адвокатуре). Прочим же организациям это запрещено.
В результате Арбитражный суд Новосибирской области удовлетворил иск налогового органа и принял решение о ликвидации коммерческой организации. Последняя, как указала ФПА России, используя словосочетание «юридическая консультация», вводила граждан в заблуждение. Суд напомнил, что по закону юридическая консультация должна быть образована только в форме учреждения и по своей сути является некоммерческой организацией (п. 2 ст. 24 закона об адвокатуре). А фирма-ответчик была коммерческой организацией, что, по оценке суда, является грубым нарушением требований закона, носящим неустранимый характер.
ФПА России сообщила о своем решении разослать это решение суда во все региональные адвокатские палаты, чтобы его можно было использовать для ликвидации других фирм, также нарушающих положения законодательства об адвокатуре.
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