Corporate Agreements In Limited Liability Companies And Joint Stock Companies: To The Problem Of Correlation

  • Ivan Martyniuk
Keywords: economic society; corporate agreement; limited liability company; joint-stock company; corporate rights.

Abstract

The article is devoted to corporate agreements in limited liability companies and joint-stock companies. The article focuses on changes in the legislation in the field of corporate agreements, the coverage of this topic in domestic scientific studies, and the relevance of this study is directly substantiated. An analysis of the new legal institutes that were introduced into the legislation, namely: the agreement on the exercise of the rights of the shareholders (founders) of the limited liability company and the agreement between shareholders. The parties and obligations of the parties under the agreement on realization of the rights of the participants (founders) of the limited liability company are investigated, the agreement between the shareholders discloses the notion of an agreement between the shareholders, the party to this agreement,obligations of the parties and consequences which may arise as a result of failure to fulfill contractual obligations. The approaches of scientists to the place of the corporate agreement in the system of civil legal agreements and the position regarding the essence of the corporate agreement are considered. Also there are arguments about the importance of the corporate agreement in the regulation of relations between the shareholders (founders) of the limited liability company and the joint-stock company in the article.

References

1. The Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine regarding Corporate Contracts» dated 23.03.2017. [Electronic resource] - Access mode: http://zakon.rada.gov.ua/laws/show/1984-19
2. Paplik O. The contract between the shareholders of the company as a way of implementing corporate rights. Entrepreneurship, economics and law. - 2018. No. 3. P. 19-24.
3. Bigniak O. V. Protection of corporate rights: problems of theory and practice: monograph / O.V. Hornet. NU OLA. Odessa: Legal literature, 2018. 408 p.
4. Sigidin M. M. Corporate agreement in the system of civil contracts. Current problems of improving the current legislation of Ukraine: scientific articles. P. 139-147.
5. Borodkin V. G. Civil law regulation of the corporate agreement: author’s abstract dissertation of cand. in law sciences. M., 2015. P. 8-9.
Published
2019-06-24
Section
Articles