GENERAL ISSUES OF METHODS OF PROTECTION OF CORPORATE RIGHTS
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 4, Issue
Abstract
The article examines the characteristics of the ways to protect corporate rights. Unique possibility of isolation of corporate methods of protecting shareholder’s rights was firm. Those methods are primary used to defense shareholder’s rights whilst they are seldom used to defense other types of rights. Corporate methods of protection of rights and interests of shareholders are determined as follows: 1) invalidation of decisions of corporate management of the company (general meeting of shareholders, supervisory board, executive body of the company); 2) recognition of the statute and amendments to the charter null and void; 3) exclusion of a shareholder of the limited liability company; 4) recognition of court transaction made with interest void; 5) compensation of damages caused by officials of the company (including the derivative action). Notwithstanding some of the rights are not always unique for corporate law. For example, exclusion of ta shareholder of the limited liability company somewhat is similar to the exclusion of a member of the public association. However, given the characteristics inherent in these legal entities, persons who are excluded, meet different legal consequences, although the chief of them is discontinued their participation/membership.
Authors and Affiliations
І. В. Лукач
Keywords
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- EP ID EP472938
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