EXERCISE OF RIGHTS BY THE PARTICIPANTS OF THE LIMITED LIABILITY COMPANY IN THE CORPORATE AGREEMENT

Abstract

This is devoted to the issue of exercising the rights of members of a limited liability company in a corporate agreement. It is substantiated that with the reform of corporate legislation in Ukraine, the issues of exercising the rights of members of a limited liability company in a corporate agreement have become especially relevant. It is analyzed that with the adoption of the Law of Ukraine "On Limited and Additional Liability Companies" the concept of corporate agreements was introduced into the practice of Ukrainian corporate legislation. It is noted that a corporate agreement, like any economic and organizational agreement, regulates non-production relations, which is a system-forming factor in determining its terms and subject matter, the set of rights and obligations of its parties. Regarding the definition of the subject of the corporate agreement, the author notes that the rights, the implementation of which is provided by this agreement, are corporate, because the possibility of concluding a corporate agreement follows, first of all, from its special status as a member of the company. According to the author, the corporate agreement can be considered as a kind of agreement between the participants of the company, which determines the procedure and features of their corporate rights and performance of duties in the organization of the company and termination (by reorganization or liquidation) to achieve required results. It is argued that the conditions reflected in the corporate agreement should not contradict the rules of the statute. And in the event of a conflict, the rights enshrined in the corporate agreement may be protected in court. That is, the corporate agreement should not contradict the statute, but should complement and develop its provisions. The article notes that the corporate agreement occupies an independent place among a number of other agreements in the legal system, the key issue of the content of which is the procedure for exercising the existing rights of members of the company. The author proposes to make certain adjustments to define the concept of corporate agreement.