THE PECULIARITIES OF THE CONCLUSION OF A CORPORATE AGREEMENT
Journal Title: Юридичний науковий електронний журнал - Year 2016, Vol 3, Issue
Abstract
The article deals with investigation of the peculiarities of the conclusion of a corporate agreement. In particular, current legislation governing the conclusion of civil contracts is analyzed. It is established that the conclusion of a corporate contract is carried out according to the general procedure that includes such stages as offer and acceptance. At the same time the peculiarities of the conclusion of this agreement are caused by its multilateral nature. The proposal for the conclusion of a corporate contract, firstly, must be addressed to a specific group of persons from the number of members of the corporation – owners of corporate rights, who have similar corporate interests. Secondly, the offer must include a reference to the essential conditions of future corporate contract, that the conditions of its subject and the issues for solving of which the members of a corporation actually enter into a corporate agreement. The author considers it appropriate to mention in the offer also the purpose of corporate contract, because it will allow the parties to specify the subject of the contract and determine those results, the achievement of which are desirable for the parties of the agreement. The possibility of the conclusion of a corporate contract by joining is established. Taking into account the requirements of the law regarding the written form of agreements between the members of the corporation, following the general rules, it’s determined that a corporate agreement should be concluded in simple written form and by mutual consent it can also be notarized.
Authors and Affiliations
М. М. Сигидин
Keywords
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