Kosmonaudi tn 9, Linda tn 7: refusal to open new association register cards reversed and remitted

The association in liquidation challenged refusal to open separate associations’ register cards under the special rules for dissolving an association covering several properties.

The apartment association Narva linn, Kosmonaudi tn 9, Linda tn 7, in liquidation, asked the registration department to open cards for two separate associations, one for each previously jointly managed property. The application relied on the general meeting’s decision to dissolve the former association under the special rules for associations covering several properties. Dissolution was already registered. The registration department refused, considering that division was permitted only without liquidation under the general association rules. It believed the former association first had to resume activity and then resolve to divide. The association appealed, relying on the special rule in KrtS § 69 lg 4 and the registrar’s duty to open new cards on its own initiative. The circuit court agreed. The special procedure permits dissolution of an association managing several properties even after KrtS entered into force. It creates a separate association for each property while the old association undergoes liquidation. Dissolution does not automatically delete the old legal person from the register. Cards for the new associations must be opened as an official duty; if the registrar fails to act, the liquidators may file the relevant application. The ruling of 8 January 2025 reversed refusal, remitted the application to the registration department and allowed the appeal. It is not a register entry made by the circuit court itself. Appeal costs were left with the association and the 70-euro fee paid is to be refunded. The ruling confirms neither actual opening of new cards nor subsequent liquidation.

Set aside the Tartu Maakohus registration department ruling of 16.08.2024 No. Ü 40014520 / 20. Remit the application of 07.08.2024 for reconsideration. Allow the appeal, leave costs with the association and refund the 70-euro fee.