Corporate Agreements In The Mechanism Of Realization Of Corporate Rights Of Participants Of Legal Entities Of Corporate Type

  • M.M. Syhydyn
Keywords: a corporate agreement, corporate rights, legal entity of corporate type, shareholder, limited liability company, joint stock company.

Abstract

The article is devoted to the study of the role of the corporate agreement in the mechanism of realization of corporate rights of participants of legal entities of corporate type. It is noted that the world practice of applying corporate agreements in the field of corporate law has a much longer history than the Ukrainian one. It is established that the institute of corporate agreement in Ukraine received its normative consolidation together with the adoption on March 23, 2017 of the Law of Ukraine «On Amendments to Certain Legislative Acts of Ukraine Concerning Corporate Agreements». The legislative approach to defining the concept and subject of a corporate agreement is analyzed. It is concluded that the legislator has a dispositive approach to determining issues that can be regulated by a corporate agreement, giving participants in corporate legal entities the opportunity to regulate internal corporate relations at their discretion. It is established that the characteristic feature of protection of corporate rights by concluding a corporate agreement is that on the one hand it is carried out jointly and in agreement with all parties to the corporate agreement - members of the corporation to implement the corporate governance model, and on the other - by each party on contractual obligations. That is, the protection of corporate rights through a corporate agreement contains elements of self-defense, which are specified in Art. 19 of the Civil Code of Ukraine.

Published
2020-08-07
Section
Articles