Shemeta T. Transition of a participant’s share in the authorized capital of a Limited Liability Company and a Superadded Liability Company

The dissertation is devoted to the research of legal principles of transition of a participant’s share in the authorized capital of a Limited Liability Company (hereinafter referred as LLC) and a Superadded Liability Company (hereinafter referred as SLC). the dissertation consists of two chapters: Chapter 1 "General theoretical provisions on the share in the authorized capital of a LLC and a SLC and its transition", Chapter 2 "Grounds and the procedure for the transition of share in the authorized capital of a LLC and a SLC". Based on the study, for the first time the concept of share in the authorized capital of LLC and SLC and the transfer of the participant's share in the authorized capital was proposed; grounds and procedure for calculating the share price; conditions of application of another procedure for realization of the preemptive right to purchase a share (part of a share) in the authorized capital by the participants of the company at a price determined in advance by the charter; consequences of withdrawal or exclusion of a participant from a LLC or SLC. Improved provisions for determining the share in the authorized capital of LLC and SLC; the concept of "alienation of shares"; the subject of the contract of alienation of shares in the authorized capital of LLC and SLC; agreements on alienation of shares in the authorized capital of LLC and SLC; notarization of agreements on alienation of shares in the authorized capital; share prices in the authorized capital; separation of stages of application of the preemptive right at sale of a share in the authorized capital of the company. The provisions on the nature of corporate rights were further developed; the procedure for joining the LLC and SLC in the transfer of shares; alienation of the share of LLC and SLC by separating its stages and clarifying their content depending on the functional purpose; definition of the concept of "preemptive right to acquire a share (part of a share) in the authorized capital of LLC"; clarification of another method of exercising by the participants of the company the preemptive right to purchase a share in the authorized capital; the legal nature of the written notice of the participant about the intention to sell his share (part of the share) to a third party and the procedure for sending this notice; consideration of cases on transfer of rights and obligations of the buyer of the share (part of the share); the procedure for recovery of the participant's share in the authorized capital of LLC or SLC.