Legal Status of a Joint-Stock Company: Issues of Identification and Change

2021 ◽  
Vol 25 (2) ◽  
pp. 1-1
Author(s):  
Irina Shitkina
Keyword(s):  
Legal Status ◽  
Joint Stock Company ◽  
Stock Company

scholarly journals Topical issues of digitalization in corporate law

2021 ◽  
Vol 118 ◽  
pp. 04012
Author(s):  
Elena Viktorovna Oleynik ◽  
Olga Mikhailovna Shevchenko
Keyword(s):  
Legal Status ◽  
Joint Stock Company ◽  
Financial Assets ◽  
Legal Analysis ◽  
Stock Company ◽  
Digital Currency ◽  
Legal Structure ◽  
Decentralized Autonomous Organizations ◽  
Russian Law ◽  
A Company

The purpose of the study is to analyze the provisions of the novelties of the Russian legislation on digital financial assets and digital currency. The methodological basis was the method of comparative legal analysis, using which the authors identify general patterns and features of the legal status of Russian digital joint-stock companies and decentralized autonomous organizations widely discussed in foreign literature. The results of the study were conclusions about the significant differences between the above organizations. A company issuing digital shares, under Russian law, differs from an ordinary non-public joint stock company by limiting the circulation of digital shares within the framework of a digital platform. Unlike the decentralized autonomous organization, it has legal entity and governing bodies. It was also concluded that there is a significantly greater variety of rights of holders of foreign token-shares in comparison with the rights of shareholders of Russian digital joint stock companies. The novelty of the research is contained in the results of the analysis and doctrinal interpretation of the norms of Russian federal laws concerning digital shares. So, in particular, it was established that such are recognized at the same time as securities and digital rights. Such a legal structure appears to be unnecessarily complex. According to Russian law, digital shares differ from ordinary shares in the form of certification of shareholders “rights, while no differences have been revealed in the scope of shareholders” rights.

scholarly journals How to start or be in a Union or Coperative?

2020 ◽  
pp. 34
Author(s):  
Dimitra Lazaridou ◽  
Anastasios Michailidis ◽  
Stefanos Nastis ◽  
Efstratios Loizou ◽  
Aikaterini Paltaki
Keyword(s):  
Legal Status ◽  
Business Plan ◽  
Joint Stock Company ◽  
Stock Company ◽  
Eu Member States ◽  
Minimum Capital ◽  
Cooperative Society ◽  
Minimum Number ◽  
Council Regulation ◽  
The Eu

Cooperatives in the EU Member States are subject to the provisions of the Council Regulation 1435/2003. However, cooperative legislation is different among the EU states and most countries have specific rules applicable to cooperatives. There are some steps for setting up a cooperative, which are summarized in: Identification of a common economic goal for potential members, decision about the number of members recruited, their rights and responsibilities, determination of business feasibility, development of a business plan, preparation of legal papers and implementation of the business plan. In many European countries, cooperatives can have a legal status either as a cooperative society with limited or unlimited liability, as an economic interest grouping or as a joint-stock company. Most EU Member have no mandatory provision regarding the minimum capital stock or the minimum number of members for setting up a cooperative.

scholarly journals General Provisions On Duties Of Company Officials In The Legislation Of Ukraine

2020 ◽  
pp. 3-10
Author(s):  
V.V. Vasylieva
Keyword(s):  
Legal Status ◽  
Conflicts Of Interest ◽  
Limited Liability ◽  
Legal Regulation ◽  
Good Faith ◽  
Joint Stock Company ◽  
Stock Company ◽  
Faith And Reason ◽  
Reasonable Degree ◽  
Negative Comments

The purpose of the article is to study the provisions of the current legislative acts of Ukraine, which regulate the legal status and duties of the company’s officials, compare the completeness and detail of the regulation of duties of officials for joint stock companies, limited liability companies and additional liability companies. The main methods of research applied by the author are analysis and comparison. The norms of the Civil and Commercial Codes of Ukraine, laws of Ukraine on JSC, LLC and ALC were investigated. The article explores the provisions of the proposed draft law on joint stock companies; proposals for improving the legal regulation of this issue are analyzed. The author explored that new law contains such general provisions on duties of the joint stock company officials: the officials must act in the interests of the company, within the powers granted to them by the charter of the company and the legislation; act in good faith and reason; act in a manner that, in their good faith, will contribute to achieving the goal of the company. Also new regulation is supposed to include a list of duties of officials such as: 1) the duty to facilitate the company’s achievement of successful results in accordance with this Law; 2) the duty to make independent decisions in accordance with this Law; 3) duty to act with a reasonable degree of diligence, professionalism and diligence in accordance with this Law; 4) duty to avoid conflicts of interest; 5) duty to refrain from accepting benefits (benefits) from third parties; 6) duty of notification about the interest in the company’s agreement. The author expressed positive comments on certain proposed changes, such as establishing a list of duties for officials of the joint stock company and determining the responsibility for these duties breaking, as well as negative comments on law drafting technique, vague concepts and providing the possibility of an exceptional approach towards responsibility for duties breach.

PECULIARITIES OF THE LEGAL STATUS OF A PUBLIC JOINT- STOCK COMPANY

2017 ◽  
Author(s):  
Igor Tovkun ◽  
◽  
Hanna Dubrova ◽  
Keyword(s):  
Legal Status ◽  
Supervisory Board ◽  
General Meeting ◽  
Joint Stock Company ◽  
Stock Company ◽  
Public Companies ◽  
Securities Law ◽  
Doing Business ◽  
Legal Situation ◽  
Executive Body

We have considered the economic and legal situation of public joint stock companies in Ukraine. The analysis of the main features of a public joint - stock company as one of the most perfect legal mechanisms for the organization of the economy on the basis of combining the property of legal entities and individuals. In the course of performance of work historical features of emergence of such legal category as public joint-stock company were established. A study of the stages of enshrining the concept of "public joint stock company" in Ukrainian legislation during the existence of independent Ukraine, which was covered in a number of regulations, such as the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Investor Protection", Law of Ukraine On Amendments to Certain Legislative Acts of Ukraine Concerning Simplification of Doing Business and Attracting Investments by Issuers of Securities ”, Law of Ukraine“On Management of State Property”, Law of Ukraine“ On Joint Stock Companies ”, etc. We have studied the relationships that arise directly during the activities of public companies. In particular, such relations apply to its governing bodies, which include: the general meeting as the highest governing body of the company, the supervisory board, which protects the rights of shareholders and regulates the executive body, and the executive body, which manages the current activities of the company. It is argued that public joint stock companies are subjects of the public sector of the economy, which in turn is the cause of a special process of activity, property regime, more stringent requirements for existence than private joint stock companies. The generalization of conclusions and information in the doctrinal literature related to this topic is made.

HISTORICAL EXPERIENCE OF LEGAL REGULATION OF JOINT-STOCK COMPANIES IN RUSSIA IN XVII–XIX CENTURIES

2021 ◽  
pp. 18-23
Author(s):  
E. I. Kerentseva ◽  
◽  
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Legal Regulation ◽  
Joint Stock Company ◽  
Stock Company ◽  
Legal Norms ◽  
Business Entities ◽  
The Russian Empire ◽  
Corporate Legislation

The relevance of the study is caused by the development of the economic system of Russia and legal relations in the business area, as well as by the particular role of joint-stock companies as constituent entities. The retrospective analysis of Russian legislation is necessary to understand the cause-and-effect relations of legislative consolidation of legal norms, which govern the joint-stock companies' activity. The results of such an analysis can contribute to solving the problems of current lawmaking in this field. This paper presents the historical and administrative prerequisites for the establishment of joint-stock business entities in pre-revolutionary Russia. The paper considered the issue of the reception of a joint-stock form of entrepreneurship and analyzed principal legislative acts regulating the questions of defining a legal status and creating joint-stock companies. From the content of the Manifesto of January 1, 1807, the author identified the essential features of a joint-stock company, which, by their nature, correspond to those enshrined in current Russian legislation. The study considered the historical prerequisites of normative consolidation of the principle of limited liability of corporation participants. The author investigates the issues of joint-stock companies establishment and the structure of a Charter as a constituent document; focuses on the insufficient legal regulation of the joint-stock companies activity, which resulted in the increased regulatory role of Charters. The paper analyzes special aspects of normative regulation of joint-stock companies activity in the territory of the Russian Empire, for example, the established limitations. The author concludes on the absence of a clear split of various legal company types and identifies the collision in terms used in legislation to define joint-stock companies. Within the research, the author concludes the existence of continuity of current corporate legislation.

scholarly journals Wyrażanie zgody przez walne zgromadzenie akcjonariuszy spółki akcyjnej na zbycie składników jej majątku

2018 ◽  
Vol 25 ◽  
pp. 141-152
Author(s):  
Magdalena Stopiak
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Point Of View ◽  
Joint Stock Company ◽  
Limited Liability Company ◽  
Stock Company ◽  
Practical Point

The consent of the general meeting of the shareholders of a joint stock company for the sale of assets of this companyThe aim of the article is to analyze the disputable issues regarding the requirement of consent passed by ownership entities the shareholders’ meeting and the general meeting of shareholders, respectively in a limited liability company and a joint-stock company. The author indicates results of infringement of article 393 and 288 Code of Commercial Companies, as well as the practical problems on the ground of those regulation of presented issues are considered on the basis of actual states, which are relevant from a practical point of view. Thorough analysis helps to identify a view which is better in the light of the binding legal status.

scholarly journals LEGAL STATUS OF MANAGEMENT BODIES IN SHARE HOLDING COMPANIES IN FRANCE AND IN RUSSIA

2015 ◽  
Vol 1 (5) ◽  
pp. 0-0
Author(s):  
Ольга Терновая ◽  
Olga Tyernovaya
Keyword(s):  
Legal Status ◽  
Legal Framework ◽  
Legal Regulation ◽  
Joint Stock Company ◽  
Stock Company ◽  
Holding Companies ◽  
Civil Responsibility ◽  
Legal Nature ◽  
Anglo American ◽  
Corporate Legislation

The article reviews legal nature of joint stock companies’ corporate bodies in accordance with the French and Russian legislations. Despite the influence of Anglo-American approaches on the formation of the Russian corporate legislation, the author proposes to more actively take into account the positive experience of countries with the continental law as they are closer to the Russian juridical reality. In this context the author pays special attention to the French legislation on joint stock companies. The author notes two most powerful trends in the evolution of the French corporate legislation: on the one hand, these are major changes in the substantive legal framework for governance and relations between the participants and the company, and on the other hand — important changes in legal regulation over governance and relations between the company participants. Comparison of certain issues in the legal nature of joint stock companies’ corporate bodies (boards) in Russia and France allows making the conclusion that the French legislation regulates in more detail such topical issues as peculiarities of the joint stock companies’ governance models, powers of a sole executive body, basis for civil responsibility of persons who are part of corporate bodies of a joint stock company.

Studying Demand for Institutes of Corporate Governance: Legal Aspects

2003 ◽  
pp. 50-61 ◽  
Author(s):  
T. Medvedeva ◽  
A. Timofeev
Keyword(s):  
Corporate Governance ◽  
Legal Aspects ◽  
Joint Stock Company ◽  
Federal Law ◽  
Stock Company ◽  
Open Joint Stock Company ◽  
Open Joint ◽  
Market Relations ◽  
Corporate Legislation

The article analyzes legal aspects of institutes of corporate governance. Different draft laws "On Joint-Stock Companies" are considered which reflected interests of separate groups of participants of market relations. Stages of property redistribution are outlined. The advantages of the model of the open joint-stock company are formulated. Special attention is paid to the demand for legal institutes of corporate governance as well as to the process of accepting the Federal Law "On Entering Amendments to the Federal Law "On Joint-Stock Companies"" which was enacted in 2002. The article contains proposals directed at improvement of corporate legislation.

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