Kraievskiy I. Civil legal regulation of relations connected with the creation and activities of a limited liability company.

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0417U002654

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

02-06-2017

Specialized Academic Board

К 20.051.14

Kolomyia Educational-Scientific Institute The Vasyl Stefanyk Precarpathian National University

Essay

The legislation of Ukraine on jural relationships related to a limited liability company is changing. The process of implementing the principles of corporate governance well known abroad into the operation of a company is taking place. Relationships of the limited liability company connected with its foundation and operation, protection of the rights and interests of the company and its participants are topical.Establishing the relationships connected with the foundation of the limited liability company the following stages can be singled out: 1. shaping the common will (declaration of will) and concluding an agreement on the foundation of the limited liability company (when founded by one person - taking a decision about a company foundation); 2. drawing up a charter; 3. forming the machinery of government; 4. forming of the statutory fund of the company; 5. state registration of the company. While researching the topic the following essential conditions of the agreement on the foundation of the limited liability company have been singled out: naming the company; the amount of the statutory fund and the capital share of each founder; the order of investing into the statutory fund by each founder of the limited liability company and its monetary valuation; legal means to influence a founder (a participant) of the limited liability company in case he does not invest or invests not in full into the statutory capital; terms and conditions of terminating the agreement in case the obligations of the founders or participants of the company are violated by themselves.It is indicated that the parties of the agreement on foundation of the limited liability company are not restricted by the subject of regulation of the company foundation; they can also determine the conditions of the agreement which are to be performed within corporate relationships. Thus, the agreement on the company foundation can be terminated from the moment of state registration and after it.

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