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Journal articles on the topic 'Rights and obligations of the shareholders'

Author: Grafiati

Published: 28 May 2022

Last updated: 30 July 2025

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1

Norboyevich, Saidov Maksubbek, and Saidov Maqsudbek Norboyevich. "FEATURES OF THE RIGHTS AND OBLIGATIONS OF SHAREHOLDERS OF COMPANIES (LLC AND JSC)." American Journal of Political Science Law and Criminology 05, no. 01 (2023): 15–22. http://dx.doi.org/10.37547/tajpslc/volume05issue01-03.

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The article discusses the specifics of the rights and obligations of shareholders in business companies, the search for some problems in the exercise of their rights and ways to overcome them, ways to protect the rights of participants, including judicial protection and a legal mechanism for out-of-court settlement of disagreement between participants. The author discusses the basic rights of shareholders, ways to exercise them, as well as the obligations of shareholders in terms of scientific literature and the doctrine of Uzbek law. The author comes to the conclusion that a shareholder who h

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2

Madžarov Matijević, Sara. "PRAVNA NARAV PRAVA NA OBAVIJEŠTENOST U DIONIČKOM DRUŠTVU." Pravni vjesnik 41, no. 1 (2025): 111–27. https://doi.org/10.25234/pv/30792.

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The shareholders’ right to information enables shareholders to ask questions and seek information about the company’s affairs from the management, ensuring active shareholder participation and informed decision-making. This paper aims to examine its legal nature on both theoretical and practical levels. Methodological treatment includes, on the one hand, an analysis of legal sources and case law, and on the other hand, an analysis of the regulatory approach of EU member states’ legislators in regulating this institute, aiming to understand the legal nature of the right to information to better

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3

Howton, Shawn D., Shelly W. Howton, and Victoria B. McWilliams. "The Ethical Implications of Ignoring Shareholder Directives to Remove Antitakeover Provisions." Business Ethics Quarterly 18, no. 3 (2008): 321–46. http://dx.doi.org/10.5840/beq200818326.

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Managers have a unique fiduciary responsibility to shareholders of a firm that implies a set of ethical obligations. At a minimum, managers are required to protect shareholder’s interests when other stakeholders are unaffected by their decision. This ethical imperative has been established in the literature. In cases of conflicts of interest between managers and shareholders, the board of directors of the firm has an ethical obligation to shareholders. The structure of the board can affect its ability to fulfill this obligation. Two specific cases where managerial actions have been argued to b

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4

Khomaria Nur. "Kekurangan Penyetoran Modal Secara Penuh oleh Pemegang Saham dalam Perseroan Terbatas (Putusan MAHKAMAH AGUNG Nomor 213 PK/Pdt/2015)." Referendum : Jurnal Hukum Perdata dan Pidana 1, no. 3 (2024): 126–33. http://dx.doi.org/10.62383/referendum.v1i3.119.

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We analyze the decision in case Number 213 PK/Pdt/2015 PT. Parna Jaya did not make a full deposit, but only part of the shares as capital. In accordance with the provisions of Article 34 paragraph 1 of the PT Law, the founders of the company make deposits for each part of the share capital taken up in the form of money or other forms. The deposits are made by PT. Parna Jaya is land that has been agreed upon based on Basic Agreement No. WN/1317/1970. By not carrying out their obligations in paying in full the issued capital and also in implementing the distribution of dividends for shareholders

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5

Zhao, Yifeng. "Research on the Protection of the Rights and Interests of Small and Medium-sized Shareholders under the Dual Shareholding Structure." Journal of Economics and Law 1, no. 2 (2024): 240–50. http://dx.doi.org/10.62517/jel.202414235.

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Against the background of shareholder heterogeneity, dual shareholding structure is gradually favored by more companies because it can better meet different investment needs. However, because the rights and interests of small and medium-sized shareholders are easily infringed by controlling shareholders' abuse of corporate control, dual shareholding structure naturally faces many risks and controversies. How to avoid the negative impacts of dual shareholding structure, so that the system can better serve the enterprise operation and economic development, has become a matter of great concern to

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6

Fegyveresi, Zsolt. "Shareholders' Right to Information − A Comparative Analysis of Hungarian and Romanian Company Law." Acta Universitatis Sapientiae Legal Studies 9, no. 1 (2020): 39–62. http://dx.doi.org/10.47745/ausleg.2020.9.1.03.

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"This study examines one of the basic rights of shareholders, the right to information in Hungarian and Romanian company law. The right to information is a non-property, organizational right originating from the shareholder’s membership right, which is related to the convening of the general meeting of the company limited by shares and the voting right that can be exercised there. The right to information is the individual right of the shareholder and the individual obligation of the company. The right to information belongs to all shareholders, regardless of the extent of their fi nancial con

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7

Černá, Stanislava. "Ochrana menšinových akcionářů v obchodním zákoníku." AUC IURIDICA 44, no. 2 (2020): 115–30. https://doi.org/10.14712/23366478.2025.262.

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Act No. 142/1996 Coll. amending the Commercial Code strengthened the minority shareholders’ protection. The individual shareholders’ rights can be affected in various ways. These can be a limitation of the shareholder’s capacity to participate in the company control and asserting its will, consequent change of the rights attached to the share, change in the proportion of the individual shareholder’s share to the registered capital of the company or the net commercial capital, a decrease of the share price and a weakened minority shareholders’ position as a result of the acquisition by a certai

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8

Zhou, Tingting. "Partial privatization, control rights of large shareholders and privatized shares transfer." Nankai Business Review International 9, no. 4 (2018): 472–99. http://dx.doi.org/10.1108/nbri-11-2017-0060.

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Purpose The partial privatization of state-owned enterprises (SOEs) is a dynamic process. The main feature of this process lies in not only gradual and sequential privatizations but also privatized shares transfer. For partially privatized SOEs, the introduction of private sector ownership is not the end of the story because the previously introduced private owners may choose to leave the SOEs by transferring the privatized shares after privatization, a process that is called “privatized shares transfer”. This paper aims to investigate the determinants of privatized shares transfer (PST) from

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9

Seth, Aditya. "Shareholders’ Agreements: Examining the Increasingly Common Phenomenon." Business Law Review 41, Issue 2 (2020): 44–49. http://dx.doi.org/10.54648/bula2020009.

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Shareholders’ Agreements are essentially agreements executed between the shareholders of a company, which define their rights and obligations. While it is the articles of association which are regarded as the constitution of the company in terms of the Companies Act 2006, and which generally contain the provisions which bind the company and its members, an increasing upsurge has been witnessed in the execution and usage of shareholders’ agreements over time. This noticeable rise has resulted due to two main reasons. Firstly, the limitations and ambiguities which are continually prevailing in t

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10

Horáček, Tomáš. "Osoby oprávněné k výkonu práv spojených s akcií a majetková práva akcionářů." AUC IURIDICA 44, no. 2 (2020): 99–113. https://doi.org/10.14712/23366478.2025.261.

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Section 155 (1) of the Commercial Code defines a share as a security with attached shareholder’s rights which he is entitled to exercise in relation to the company. The shareholder is considered not only as the owner of the share – the scripture act incorporating subjective rights – but also as a member of the public limited company. Consequently, the identification of the shareholder is essential for ascertaining who enjoys the rights, or who is subject to obligations, attached to the share. The answer to this question varies according to the nature and the form of the share. In the case of a

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11

Radović, Mirjana. "Critical analysis of the rules on shareholder identification in Serbian companies Act." Revija Kopaonicke skole prirodnog prava 4, no. 2 (2022): 9–31. http://dx.doi.org/10.5937/rkspp2202009r.

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This paper contains an in-depth analysis of provisions in the Serbian Companies Act that regulate the right of listed companies to identify their shareholders and final shareholders. These rules were adopted in 2021 with the aim to harmonize Serbian law with the law of the European Union, i.e., the Revised Shareholder Rights Directive 2007/36/EC (SRD II). The first part of the paper explains the problem of identifying shareholders of listed companies and analyzes the reasons for regulating this issue at the EU level and in Serbia. The central part of the paper deals with the right of a listed

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Shchoka, S. V. "Shareholder rights in Ukraine: some protection mechanisms and corporate relations." Uzhhorod National University Herald. Series: Law 2, no. 85 (2024): 68–72. http://dx.doi.org/10.24144/2307-3322.2024.85.2.9.

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This article provides a detailed analysis of the establishment and protection of shareholders’ rights in Ukraine, which is an important component of corporate governance and the country’s development. The protection of shareholders’ rights ensures the stability of financial markets and contributes to attracting investments. The legal status of shareholders, their rights, and obligations play a crucial role in the functioning of joint-stock companies. The primary way to acquire shareholder status is by purchasing shares on the stock market, as well as through the transfer of shares via inherita

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13

Habibullayev, Asliddin. "Legal Aspects of Liability of Participants (Shareholders) of Joint Stock Companies in the Republic of Uzbekistan for Breach of Corporate Obligations." Journal Customary Law 1, no. 3 (2024): 8. http://dx.doi.org/10.47134/jcl.v1i3.3202.

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This article considers legal aspects of liability of participants (shareholders) of joint stock companies in the Republic of Uzbekistan for breach of corporate obligations. The article analyses both national normative legal acts and international standards and practices of regulation of shareholders' liability. The author has considered issues related to mechanisms for protecting the rights of shareholders and creditors, as well as imposing sanctions on shareholders for breach of corporate obligations. In addition, recommendations were made to improve legislation in this area.

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14

Kuek, Thiam-Yong, I.-Chi Chen, Yuen-Onn Choong, Saw-Chin Khor, Mei-Peng Low, and Timothy Tzen-Vun Yap. "STUDY OF PAST DECADE (2010 - 2020) SELECTED LITERATURE ON MINORITY SHAREHOLDER AND SHAREHOLDER ACTIVISM IN MALAYSIA." Advanced International Journal of Business, Entrepreneurship and SMEs 3, no. 7 (2021): 49–58. http://dx.doi.org/10.35631/aijbes.37005.

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Due to its vitality in preserving the stability, transparency, and sound management of businesses, corporate governance continues to play a dominant role in many Malaysian companies. This will give the country and foreign countries good opportunities to invest in Malaysia and provide an investment-friendly environment. It adds color to the existing soft stock market in Malaysia as a result of the economic instability, the political turmoil, and the pandemic effects of Covid-19. Two main elements of corporate governance in Malaysia, minority shareholders, and shareholder activities will be addr

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15

Yao, Suqing. "Research on the "Right of Retraction" Of the Transferee Shareholders in The Process of Equity Transfer of a Limited Liability Company." Frontiers in Business, Economics and Management 15, no. 3 (2024): 317–21. http://dx.doi.org/10.54097/zt2hd772.

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Among the rights and obligations of the shareholders of limited liability company, the interleaving of the shareholders' preemption right and the shareholders' transfer right of repentance has aroused extensive attention and discussion. This paper discusses the legal basis of these rights and their practical application in corporate governance. By analyzing the scope of application of Article 20 of the Fourth Judicial Interpretation of the Company Law and the imperfection of the liability mechanism for damages, this paper reveals the existing problems under the current legal framework and puts

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16

JMAHRI, Fatima Ezzahra. "La Force Obligatoire Des Conventions De Vote." African Scientific Journal Vol 3, N° 20 (2023): 163. https://doi.org/10.5281/zenodo.8399668.

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<strong>Résumé</strong> Les accords de vote, également connus sous le nom d'accords d'actionnaires ou de pactes d'associés, revêtent une importance centrale dans la gouvernance d'entreprise. Ils établissent les règles qui régissent la participation des actionnaires au fonctionnement de la société. L'obligation de les respecter est cruciale pour garantir la stabilité, la prévisibilité et la cohérence dans la gestion des entreprises, qu'elles soient cotées en bourse ou

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17

Leaver, Adam, and Keir Martin. "‘Dams and flows’: boundary formation and dislocation in the financialised firm." Review of Evolutionary Political Economy 2, no. 3 (2021): 403–29. http://dx.doi.org/10.1007/s43253-021-00057-0.

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Abstract Mainstream economic theories of the firm argue that the boundary between firm and market is determined by efficiency-enhancing logics which optimise coordination or bargaining outcomes. Drawing on social anthropological work, this paper critiques these accounts, arguing instead that firms are socially embedded and that firm boundary formation should therefore be understood as an attempt to fix the limits of certain relational rights and obligations that are moral in their conception. Consequently, boundaries are often contested and subject to renegotiation. We employ the parsimonious

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18

Matthews, Gilbert E. "Impact of Contractual Rights on Preferred Stock Valuations in Delaware." Business Valuation Review 38, no. 2 (2019): 92–102. http://dx.doi.org/10.5791/19-00001.1.

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The rights and the value of preferred stock have been the subject of several Delaware court decisions. These decisions are particularly significant for understanding the importance of contractual rights as the defining attribute affecting the valuation of preferred stock. Directors' fiduciary duties are primarily to common shareholders, while obligations to preferred shareholders are primarily contractual. Preferred stocks' contractual rights, as interpreted in these decisions, directly affects the value of the preferred and the common. When common shareholders control the board, the impact on

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19

Nata, Indra Jaya. "KEDUDUKAN HUKUM PEMEGANG SAHAM YANG TIDAK MELAKUKAN PENYETORAN MODAL SECARA PENUH ATAS PEMBAGIAN DIVIDEN DALAM PERSEROAN TERBATAS." Jurnal Privat Law 11, no. 1 (2023): 1. http://dx.doi.org/10.20961/privat.v11i1.46940.

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<p><em>This article aims to find out about the legal standing of shareholders who do not make a full capital deposit on dividend distribution in a limited liability company. This legal research is a normative legal research and the legal source used consists of primary legal material and secondary legal material, then analyzed by deductive method of silogism based on the mindset of the general to specific things, by connecting between the major premise and the minor premise is further drawn conclusively. The results of this legal research show that the legal standing of shareholder

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20

Gabov, Andrey V. "Exemption of a joint stock company from the obligation to provide information to a shareholder." Law Enforcement Review 4, no. 3 (2020): 103–22. http://dx.doi.org/10.24147/2542-1514.2020.4(3).103-122.

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The subject of research. Issues concerning the exercise of the right of shareholders to receive information are analyzed. The focus is on the issues of exemption of a joint-stock company from providing information. The development of the institute of the information provision to shareholders by joint stock companies are consistently analyzed. The main trends in the development of this institute are shown: gradually narrowing the ability of shareholders to exercise their right to receive information through such means as restriction, differentiation and exemption from providing information. Spe

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21

Justisiana, Rinna, and Togi Pangaribuan. "Drag-along and Tag-along Rights In The Perspective of Indonesian Company Law." Sociological Jurisprudence Journal 5, no. 1 (2022): 45–55. http://dx.doi.org/10.22225/scj.5.1.2022.45-55.

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As technology develops in this Industrial Revolution of 4.0, technology companies have gained the spotlight among other business sectors. Many business actors are competing to establish a company or known as a start-up in the technology sector. These start-ups are also gaining attention from investors or venture capital companies interested in investing their funds for start-up growth. The fundraising to the company may be in the form of a debt, convertible note or equity. In terms of equity fundraising, as capital contribution or shares ownership, the founders of the start-up company will joi

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22

Halliday, Daniel. "Shareholders and organizational wrongdoing." Journal of Legal Philosophy 50, no. 1 (2025): 70–77. https://doi.org/10.4337/jlp.2025.01.06.

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In Organizations as Wrongdoers, Stephanie Collins maintains that shareholders are members, and parts, of organizations. As such, they stand to be implicated in organizational wrongdoing. In this paper, I suggest that there are alternative ways of making sense of how shareholders (sometimes) incur moral obligations in light of wrongdoing by companies in which they own shares. Such obligations can be seen as implications of shareholders having property rights in companies (despite legal protections of limited liability) and implications of plausible general principles about the morality of benef

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23

Mustaqim, Mustaqim, and Agus Satory. "Perlindungan Hukum Pemegang Saham Minoritas Perseroan Terbatas Tertutup dan Keadilan Berdasar Pancasila." SASI 25, no. 2 (2019): 199. http://dx.doi.org/10.47268/sasi.v25i2.222.

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Legal protection for the majority shareholders is sufficiently guaranteed, especially through the mechanism of the RUPS, but this is not the case for minority shareholders, thus creating an injustice problem for minority shareholders. The purpose of this study is to uncover and find out legal protection for minority shareholders in a limited liability company based on Pancasila justice. This research is normative juridical so it uses secondary data with the law approach and qualitative data analysis. The results showed that the General Meeting of Shareholders did not reflect legal protection f

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Opalski, Adam, Krzysztof Oplustil, Tomasz Sójka, and Anne-Marie Weber. "The Simple Joint Stock Company: Emergence of a New Close Company in Poland." European Company and Financial Law Review 21, no. 5-6 (2024): 604–35. https://doi.org/10.1515/ecfr-2024-0021.

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Abstract 604The introduction of the Prosta Spółka Akcyjna (P.S.A.) in 2021 represents a transformative shift in Polish company law, signaling the willingness to diverge from traditional, continentally rooted frameworks. The P.S.A. is envisioned as a versatile corporate vehicle capable of addressing the diverse needs of contemporary business structures, both the demands of start-ups and innovative businesses, as well as traditional enterprises. The P.S.A.’s financial structure eschews the traditional fixed share capital, allowing for flexible equity management and distributions to shareholders.

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Merebashvili, Tamara A. "Abandoned Shares of Lost Shareholders (A Commentary on the Supreme Court Ruling of 15 December 2022 № 304-ЭС22-10636)". Zakon 20 (вересень 2023): 170–79. http://dx.doi.org/10.37239/0869-4400-2023-20-9-170-179.

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Despite the active digitalisation, significant simplification of accounting and identification of the subjects of rights and obligations in the Russian Federation for 30 years, there is a problem of search for “missing shareholders” and creation of a clear and transparent mechanism for the return of shares of a dead or liquidated shareholder. The author makes an attempt to answer the question of the applicability of the analogy of the law, analyses judicial practice and comes to the conclusion about the need for radical resolution of the above problem. The economic essence of the action itself

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Al Ghany, Gathan Sulthon, and Aldira Mara Ditta Caesar Purwanto. "Perlindungan Hukum terhadap Pemegang Saham Akibat Dilusi Saham pada Perseroan Tertutup." Wajah Hukum 8, no. 2 (2024): 615. http://dx.doi.org/10.33087/wjh.v8i2.1526.

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Legal protection for shareholders is an important issue in the context of share dilution in limited liability companies. Share dilution is an event that results in a decrease in the share ownership percentage of shareholders due to the issuance of new shares, with shareholders resulting in losses. This research was conducted using a normative juridical method with a statutory approach and a conceptual approach. This research was conducted to determine the obligations of closed limited companies towards shareholders, as well as the legal efforts that can be taken to obtain compensation or avoid

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Habersack, Mathias. "Non-frustration Rule and Mandatory Bid Rule – Cornerstones of European Takeover Law?" European Company and Financial Law Review 15, no. 1 (2018): 1–40. http://dx.doi.org/10.1515/ecfr-2018-0001.

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With the non-frustration rule and the mandatory bid rule, the Takeover Bid Directive contains two principles which have strongly influenced British takeover law for approximately 50 years. However, the changes of the economic and legal framework of the market for corporate control which have occurred since the adoption of the Directive call into question the legitimacy of both principles. Although the non-frustration rule is capable of disciplining board members, it generates misguided incentives and is, at the most, suitable as a disciplining tool of last resort. The dominant idea of relying

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28

Ibragimov, Konstantin Yrievich. "The Problem of Attribution of Rights and Obligations Arising in the Process of Trust Management." Право и политика, no. 8 (August 2024): 57–67. http://dx.doi.org/10.7256/2454-0706.2024.8.71546.

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The research is devoted to the analysis of practical and theoretical problems related to the question of ownership of rights and obligations arising from the conclusion of contracts by a person acting as a trustee. The article analyzes the prerequisites for the emergence of these problems, which can include: (1) the lack of a direct legal answer to the question of who is the party to the obligations arising from such agreements: the founder of the management or the trustee? (2) the specific legal regime of property held in trust, which consists in the fact that such property is endowed with th

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Bitė, Virginijus, and Žygimantas Narkevičius. "Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies." Verslas: Teorija ir Praktika 17, no. 2 (2016): 150–58. http://dx.doi.org/10.3846/btp.2016.628.

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This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order

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Bitė, Virginijus, and Žygimantas Narkevičius. "Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies." Business: Theory and Practice 17, no. (2) (2016): 150–58. https://doi.org/10.3846/btp.2016.628.

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This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order

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Iliev, Plamen. "CORPORATE CONTROL." KNOWLEDGE - International Journal 58, no. 1 (2023): 239–43. http://dx.doi.org/10.35120/kij5801239i.

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In the various theoretical sources, the corporation is most often considered as a legal entity that appears as an object of obligations under a certain law and is created by one or more natural persons for a certain purpose. Usually, the owners of the corporation, who are shareholders, hire other people to run it, such as a board of directors. Thus, those who manage and make decisions for the corporation are not shareholders, but managers. Thus, a corporation is a legal entity created to do business and has the same rights as an ordinary enterprise, to own and trade its own shares, to buy raw

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Bondariev, E. M. "Parties of the Shareholders’ Agreement." Bulletin of Kharkiv National University of Internal Affairs 87, no. 4 (2019): 33–41. http://dx.doi.org/10.32631/v.2019.4.03.

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The author of the article has studied the problem of determining the subjective aspect of a shareholders’ agreement. On the basis of the analysis of the legislation of Ukraine and other countries, as well as the legal doctrine of corporate law, the author has concluded that exclusively shareholders of a particular company should be recognized as such persons, since they as the holders of subjective corporate rights, have the opportunity to exercise them in the manner determined by such an agreement. Contracts between third-party entities and shareholders, where the latter undertake to ex

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Stasiak, Jacek. "POLISH FINANCIAL MARKET IN 2016-2020 AND ITS RISKS." Globalization, the State and the Individual 30, no. 2 (2022): 73–86. http://dx.doi.org/10.5604/01.3001.0016.2001.

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Proper functioning of the financial market possible through the provision of information on the situation of issuers, so it was pointed out how important are the information obligations arising from the specifics of the market to ensure equal access of investors to relevant information. Therefore, it was presented what should be the mode of providing information and defined information and the time of its disclosure. An important part of the Act are the provisions that impose obligations on investors, for example, in the form of disclosure of information on the state of shareholding, in additi

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34

Lazarenko, L. B., and A. U. Bijieva. "ISSUES RELATED TO THE ACQUISITION OF OWNERSHIP TO THE «ABANDONED» UNDOCUMENTED SHARES OVER THE ISSUER." Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7 (73), no. 3 (2) (2022): 120–26. http://dx.doi.org/10.37279/2413-1733-2021-7-3(2)-120-126.

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In the article, the authors describe problematic issues that have existed for many years, in the resolution of which issuers of shares are directly interested. In an effort to put the registers of shareholders in order, reflecting the existing shareholders in them, issuers faced the problem of «abandoned» shares, identifying inactive shareholders for many years for various reasons, including the lack of legal successors of a deceased individual or the liquidation of a legal entity. included in the register of shareholders of the issuer. The authors identified problematic issues related to the

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35

Solovykh, S. Z. "The Legal Nature of Compensation Payments to Citizens Participating in Shared-Equity Construction." Proceedings of Southwest State University. Series: History and Law 13, no. 6 (2024): 58–68. http://dx.doi.org/10.21869/2223-1501-2023-13-6-58-68.

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Relevance. Meeting the needs of citizens for housing is a constitutional obligation of the State, and at the legislative level it is implemented in various forms, including through participation in shared-equity construction. In cases when a developer becomes bankrupt and cannot fulfill its obligations to shareholders, various measures are provided by law to guarantee the restoration of property rights. Such measures also include a compensation mechanism aimed at ensuring the payment of funds by the Public Law Company "Territorial Development Fund" to compensate citizens participating in const

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Vintoniak, N. D. "Corporate Rights Of The Spouses: The Essence Of The Legal Regime." Actual problems of improving of current legislation of Ukraine, no. 50 (June 11, 2019): 103–13. http://dx.doi.org/10.15330/apiclu.50.103-113.

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The article is devoted to the question of legal regulation of corporate rights of spouses. The issues of the legal regime of marital property as well as the essence of the legal regime of spouses’ corporate rights have been discussed. It has been justified that upon investing marital property into the authorized share capital of a corporation which one of the spouses has ownership rights in, the rights of rem become the law of obligation (vinculum iuris). The law of obligation, incurred between spouses upon investing part of the shared property into company’s authorized share capital to

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Wang, Huimin. "Research on the Legal Review Standard of Anti-hostile Takeover by Listed Companies." Advances in Economics, Management and Political Sciences 25, no. 1 (2023): 365–71. http://dx.doi.org/10.54254/2754-1169/25/20230530.

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With the acquisition and merger of various companies in the international economic market becoming more and more common, the phenomenon of hostile takeover in order to obtain the interests and competitiveness of the company is also more and more, the target company to prevent hostile takeover also created a lot of anti-hostile takeover measures. The legal regulations of anti-hostile takeover are different in different countries, but the types of anti-hostile takeover events are rich, so that the current legal regulations are not perfect, the legality premise of anti-hostile takeover cannot be

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Bortsevych, P. S. "Aspects of ensuring the rights of shareholders in the process of activities of joint-stock companies." Analytical and Comparative Jurisprudence, no. 2 (June 23, 2023): 163–67. http://dx.doi.org/10.24144/2788-6018.2023.02.27.

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The article is devoted to the study of certain aspects of ensuring the rights of shareholders in the process of conducting contractual work by a joint-stock company. The article emphasizes that a joint-stock company can enter into various contracts to ensure the conduct of its business activities. Depending on the subject and price of the contract, as well as taking into account the conditions of concluding the contract, the legislator separately defines contracts that can be qualified as significant contracts and contracts with interest. The conclusion of the specified contracts by a joint-st

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Tan, David, and Debby Amellya Zahdjuki. "The Compliance of Limited Liability Companies to Conduct Annual General Meeting of Shareholders." Journal of Judicial Review 25, no. 1 (2023): 51. http://dx.doi.org/10.37253/jjr.v25i1.7736.

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The presence of the Company Law in Indonesia is a form of the government's special attention to the Company as one of the pillars of Indonesia's national economic development. Some regulations in the Company Law are recommendations, but some are orders that must be implemented. One of them is the agenda of the Annual General Meeting of Shareholders which is regulated in Article 78 paragraph (2) of the Company Law as a mandatory activity that has been neglected by the closed Companies. The Purposive sampling technique is used in this juridical-empirical research supported by interviews with sev

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Usman Efendi Marpaung. "Perspektif UUPT Terkait Asas Hukum Terang dan Tunai Perjanjian Jual-Beli Saham." Jurnal Smart Hukum (JSH) 1, no. 1 (2022): 01–08. http://dx.doi.org/10.55299/jsh.v1i1.105.

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There are still many who do not use the deed of sale and purchase of shares as proof of the transfer of rights and only use the Deed of Minutes of the General Meeting of Shareholders. The formulation of the problem in this study is how to regulate the sale and purchase of shares, is it legal if there are parties who carry out the sale and purchase of shares before a notary but do not implement the clear and cash legal principles, what efforts can be made by the seller if the shares have switched but the buyer has not carry out their obligations. This study uses descriptive methods through norm

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Klimovich, A. V. "Instruments for the protection of the interests of creditors of Russian business companies. Part 2." Siberian Law Herald 3 (2022): 34–40. http://dx.doi.org/10.26516/2071-8136.2022.3.34.

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It has been established that in addition to general methods of protection of subjective civil rights and methods of protection of creditor’s rights provided for by the general provisions on obligations, Russian civil legislation offers to use special tools for protection of interests of creditors of business companies in a number of standard situations for a legal entity. In the first part of the article application of various protection means was considered, in particular, at the stage of creation of a company and formation of its property; on obligations arising in the course of fulfillment

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Vutt, Andres, and Margit Vutt. "Shareholders’ Draft Resolutions in Estonian Company Law: An Example of Unreasonable Transposition of the Shareholder Rights Directive." Juridica International 27 (September 30, 2018): 69–78. http://dx.doi.org/10.12697/ji.2018.27.07.

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One of the measures foreseen in the Shareholder Rights Directive for enhancement of the rights of shareholders is the regulation of draft resolutions. The article addresses the central question of whether the extent of the implementation of the requirements regulating draft resolutions and their disclosure in Estonian company law has been justified. Research was conducted to analyse whether the transposition of the rules on draft resolutions derived from the directive has contributed to the attainment of the objectives set out in the directive and in other European initiatives. The main conclu

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Petkukjeski, PhD Ljupcho, PhD Marko Andonov, PhD Zoran Mihajloski, PhD Kate Trajkova, and PhD Samir Ljativ. "PARTICIPATION OF EMPLOYEES IN MANAGEMENT BODIES OF THE MACEDONIAN SHAREHOLDING COMPANIES." JOURNAL OF SOCIAL SCIENCE RESEARCH 10, no. 2 (2016): 2060–69. http://dx.doi.org/10.24297/jssr.v10i2.4731.

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Joint Stock Company is a company in which shareholders participate with investments in the nominal capital which isdivided into shares and the shareholders are not liable for the obligations of the company.Modern joint-stock companies are companies with enormous economic and other powers. Concentration of capital andlabor of these companies gives them a very strong position in the market through which these companies have greatimpact on the economic and political relations as well as on the social situation in the society.Besides the managing bodies (members of the supervisory bodies and non-e

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Hariyanto, Gunawan, Suhariningsih Suhariningsih, Bambang Winarno, and Sihabuddin Sihabuddin. "Liquidator Professional Responsibility in Company Liquidation." International Journal of Multicultural and Multireligious Understanding 8, no. 1 (2021): 43. http://dx.doi.org/10.18415/ijmmu.v8i1.2212.

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The dissolution of a Limited Liability Company is basically something that isn’t desired by the shareholders, therefore the implementation of the dissolution of a Limited Liability Company should be avoided as much as possible, because the dissolution of a Limited Liability Company will provide great losses for the shareholders of the company and the parties directly related to the Company Limited. Pursuant to Article 142 paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies, the dissolution of a Company may occur due to: First, based on the resolution of the General Me

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Morajane, Tebogo. "The Binding Effect of the Constitutive Documents of Companies: The 1973 and 2008 Companies Acts of South Africa." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 13, no. 1 (2017): 170. http://dx.doi.org/10.17159/1727-3781/2010/v13i1a2631.

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This contribution examines the provisions of the constitutive documents of companies under two specific provisions, namely s 65(2) of the Companies Act 61 of 1973 and s 15(6) of the Companies Act 71 of 2008. The aim is to determine who is bound by these provisions, the circumstances which give rise to being bound by them, and the possible effect thereof on various parties. The provisions of the constitutive documents under section 65(2) of the 1973 Companies Act are interpreted by courts and academic writers to amount to a statutory contract between a company and its members and between member

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Belianevych, Olena. "On fair compensation and joint and several liability in the squeezeout procedur." NON-GOVERNMENTALORGANIZATION“CIVIL LAW PLATFORM” 3, no. 3 (2024): 125–47. https://doi.org/10.69724/2786-8834-2024-3-3-125-147.

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Based on the current law enforcement practice of the Supreme Court, the article examines the doctrinal issues of ensuring the right of minority shareholders to fair compensation in the procedure of mandatory sale of shares at the request of a person (persons acting jointly) who owns a dominant controlling stake. The author defines the legal nature of the obligation (duty) to pay compensation for shares based on the results of mandatory sale of shares in the squeeze-out procedure as a monetary obligation arising on the basis of a complex legal fact, the composition of which (actions performed b

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Phiri, Siphethile. "Piercing the corporate veil: A critical analysis of section 20(9) of the South African Companies Act 71 of 2008." Corporate & Business Strategy Review 1, no. 1 (2020): 17–26. http://dx.doi.org/10.22495/cbsrv1i1art2.

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When a company is incorporated it becomes a juristic entity with rights and obligations of its own and is distinct from its shareholders and directors. Hence, company liabilities are not those of its shareholders and directors. However, section 20(9) of the Companies Act 71 of 2008 grants the court the discretion to disregard the corporate veil where there is an unconscionable abuse of the juristic personality so as to impose personal liability upon directors or any other person involved in that transaction. However, the section fails to define what constitutes “unconscionable abuse” which is

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Ezrokh, Yurij. "Credit Cooperation in Russia: Accumulated Problems and Their Solutions." Moscow University Economics Bulletin 2018, no. 1 (2018): 82–104. http://dx.doi.org/10.38050/01300105201815.

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The subject of the study is the financial and economic activities of the subjects of domestic credit cooperation at the present stage. The purpose of the work is to determine the contradictions in the functioning of credit consumer cooperatives (at the micro and macro levels) and to develop practical measures to resolve them. The article singles out seven main groups of problems an unbalanced structure of the rights and obligations of the shareholders of credit cooperatives, low degree of state regulation of the credit cooperative market, instability in the subject composition of the credit co

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Dewi, R. Rosiyana, and Tia Tarnia. "PENGARUH KINERJA KEUANGAN TERHADAP NILAI PERUSAHAAN DENGAN GOOD CORPORATE GOVERNANCE SEBAGAI VARIABEL MODERASI." JURNAL INFORMASI, PERPAJAKAN, AKUNTANSI, DAN KEUANGAN PUBLIK 6, no. 2 (2019): 115. http://dx.doi.org/10.25105/jipak.v6i2.4486.

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<p class="Style1">This study will examine how the instruments of good corporate governance can moderate the impact of thefanancial performance of the company. Financial performance proxied by ROA, ROE and Leverage, while the value of the company with the Tobins Q. Good corporate governance is measured by the percentage ofinstitutional ownership. Hypothesis testing is done by multiple regression method with the classical assumption test first. The total population sample of 129 companies from manufacturing companies listed on the Stock Exchange.<em> The results of this study is good

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RUGGIE, John Gerard, Caroline REES, and Rachel DAVIS. "Ten Years After: From UN Guiding Principles to Multi-Fiduciary Obligations." Business and Human Rights Journal 6, no. 2 (2021): 179–97. http://dx.doi.org/10.1017/bhj.2021.8.

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AbstractFor the first time in four decades, leading business associations, corporations, and the corporate law and governance community are seriously debating moving beyond shareholder primacy toward some form of ‘stakeholder governance. But the how question unveils significant differences of opinion as well as difficulties. We focus on a pathway that complements the ambition of stakeholder governance, but which current reform proposals have largely overlooked. We draw on practical experience in the field of business and human rights, where leading companies are increasingly embedding human ri

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