CORPORATE CONTRACT AND AN AGREEMENT ON THE IMPLEMENTATION OF THE RIGHTS OF MEMBERS OF SOCIETY: SOME PROBLEMS OF CORRELATION
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
13.01.2016
Accepted:
13.01.2016
Published:
13.01.2016
Language:
Russian
Keywords:
Corporate agreement, agreement on the implementation of the rights of members of society, corporation, legal persons, succession, implementation of law, business organizations, shareholders agreement, business companies, shareholders.
Abstract (English):
The article provides a critical analysis of legislative regulation of the corporate agreement and an agreement on the implementation of the rights of members of a limited liability company. It is alleged that the corporate contract has undoubted relevance and usefulness to the participants of companies, as it allows to regulate relations in the implementation of corporate rights is not a natural way, and on a contractual basis, recognized by the parties and provide legal protection for the parties to the contract. It stands out as a number of circumstances that require legislative authorization and refinement in the process of enforcement of a limited liability company. Among the outstanding legislator before the end of the problems include: the problem of correlation of the content of the agreement on the implementation of the rights of the parties and the agreement on the establishment of the company; the problem of correlation of the contract on the implementation of the rights of the participants and the Company Charter, decisions of the general meeting; the problem of succession of the contract on the implementation of the rights of participants; the problem of awareness of other members of the Company and third parties about the agreement on the implementation of the rights and conditions.
The article provides a critical analysis of legislative regulation of the corporate agreement and an agreement on the implementation of the rights of members of a limited liability company. It is alleged that the corporate contract has undoubted relevance and usefulness to the participants of companies, as it allows to regulate relations in the implementation of corporate rights is not a natural way, and on a contractual basis, recognized by the parties and provide legal protection for the parties to the contract. It stands out as a number of circumstances that require legislative authorization and refinement in the process of enforcement of a limited liability company. Among the outstanding legislator before the end of the problems include: the problem of correlation of the content of the agreement on the implementation of the rights of the parties and the agreement on the establishment of the company; the problem of correlation of the contract on the implementation of the rights of the participants and the Company Charter, decisions of the general meeting; the problem of succession of the contract on the implementation of the rights of participants; the problem of awareness of other members of the Company and third parties about the agreement on the implementation of the rights and conditions.
Keywords:
Corporate agreement, agreement on the implementation of the rights of members of society, corporation, legal persons, succession, implementation of law, business organizations, shareholders agreement, business companies, shareholders.
Corporate agreement, agreement on the implementation of the rights of members of society, corporation, legal persons, succession, implementation of law, business organizations, shareholders agreement, business companies, shareholders.
1. Sukhanov E. A. Sravnitel´noe korporativnoe pravo. 2-e izd. M., 2015.
