Kovalyov I. The joint-stock companies' reconstruction.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0414U005105

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

29-09-2014

Specialized Academic Board

Д 64.086.04

Yaroslav Mudryi National law university

Essay

The thesis is devoted to the research of the joint-stock companies' reconstruction as the separate type of the legal entities' reorganization without business entity cancellation. As follows from the analysis the joint-stock companies' reconstruction does not carry consequences in the form of legal entity's cancellation. So the author proposes to determine the reconstruction of the legal entities as the changing of the type of the legal entity. The position of the author that changing of the type of the joint-stock company should be classified as the reconstruction as well was proved. It is made the proposition of the amending of the Economic Code of Ukraine particular the determination of the business entities' reorganization is given. The changing of the business entity's form of incorporation and the type of the joint-stock company should be also determined as reconstruction. Legislative consolidation of the general rules of the cancellation of some forms of incorporation of the business entities is proposed by the author. Such cancellation takes place because of the legislation amendments concerning providing legal prohibitions or changes particularly with regard to the joint-stock companies. Moreover, in the thesis it is proved that the recognition of the fact that reconstruction is the type of the legal entities' reorganization without their cancelation allows, firstly, to simplify the process of obtaining licenses and other permits for joint stock companies, secondly, to avoid the necessity of several general meetings holding: meeting of shareholders of the joint-stock company and meeting of a new legal entity. The particular attention is paid to the problems of the state registration of some legal actions accompanying the process of the joint-stock companies' reconstruction. The author proposes the improvements for facilitation of such procedures.

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