Smitiukh A. Corporate rights and corporate shares (stocks): theoretic and legal basis

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U000290

Applicant for

Specialization

  • 12.00.04 - Господарське право; господарсько-процесуальне право

19-04-2019

Specialized Academic Board

Д 11.170.02

Institute of Economic and Legal Research of the National Academy of Sciences of Ukraine

Essay

The thesis is devoted to the investigation of the corporate rights and corporate shares (stocks). The definition of the corporate economic organization is suggested. The definition of the corporate rights is refined as well as a classification. The definition of the founder’s (quasi-founder’s) right is established; the correlation of such categories as organizational and economic authorities, organizational and incorporation authorities of the owner and corporate duties with the category of corporate rights is clarified. The definition of the corporate legal relations is refined. The functions of the corporate shares (stocks) are reasoned; the definition of the corporate share (stock) is refined and the division of shares (stocks) into ordinary and preferred is specified. The definition of the corporate contribution is established. The basis of the accounting, issuing, redemption, cancellation, transfer and levy of execution upon the shares (stocks) is reasoned. The definition of the notion of the non-proprietary corporate rights is refined. The provisions on the right to take part in the management of the corporate economic organization, corporate control and corporate raiding are refined. The object and the procedure of the exercise of the right of the shareholder of the corporate economic organization for information were specified. The correlation of the proprietary corporate rights and the right of demand is established. The provisions on the dividend right of the shareholder are refined. The definitions of the property corporate quota and divestment of the corporate share (stock) are suggested. The provisions on the pre-emptive rights of the shareholder to acquire corporate shares (stocks) are specified.

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