scholarly journals Pre–Emption Right of Shareholders to Purchase Shares for Sale in Private Limited Liability Companies: The Problematic Legal Remedies

2016 ◽  
Vol 17 (2) ◽  
pp. 150-158
Author(s):  
Virginijus Bitė ◽  
Žygimantas Narkevičius
Keyword(s):  
Supreme Court ◽  
Limited Liability ◽  
Business Practice ◽  
Limited Liability Company ◽  
Legal Remedies ◽  
The Subject ◽  
Tangible Result

This article analyses the problems that can arise when implementing the rights of shareholders in private limited liability companies to purchase the shares of another shareholder being for sale in priority to others and the possible legal remedies for violated rights. According to the practice of the Lithuanian Supreme Court, the rights of the buyer cannot be assigned to a private limited liability company shareholder whose pre-emption right to purchase the shares being for sale has been breached. However, in this article it is being argued that perhaps in certain exceptional cases, in order to create fair business practice and ensure a “tangible” result for the plaintiff in relation to the judgment, the court could (should) take advantage of the freedom to maneuver and, by implementing justice, change the method of restitution (pertaining to the subject) – assign the shares to the plaintiff (an aggrieved shareholder) simultaneously creating an obligation on the same person to settle properly with the last owner of the disputed shares.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

scholarly journals Reflexões Sobre o Aviamento e a Dissolução Parcial: Pertinência da Análise Econômica do Direito

2014 ◽  
Vol 3 (1) ◽  
pp. 123-149
Author(s):  
Henrique Avelino Lana Lana
Keyword(s):  
Law Enforcement ◽  
Economic Analysis ◽  
Limited Liability ◽  
Law Enforcement Officers ◽  
Economic Importance ◽  
Limited Liability Company ◽  
Economic Analysis Of Law ◽  
Concrete Case ◽  
De Se ◽  
The Subject

Resumo: Pretende-se desenvolver uma reflexão acerca da possibilidade jurídica de se incluir o aviamento nos haveres do sócio que se desliga da sociedade empresária limitada. Buscar-se-á demonstrar quais os divergentes posicionamentos doutrinários e jurisprudenciais sobre o assunto, bem como os fundamentos que os esteiam. Ao final, tentar-se-á demonstrar que não se trata o tema como sendo de fácil deslinde, merecendo, portanto, especial atenção de todos os operadores do direito, haja vista estar, inclusive, presente no dia-a-dia de todos aqueles que exercem atividade empresária em nosso país. Procurar-se-á demonstrar sua relevância econômica, bem como a necessidade de que, diante do caso concreto, se utilize das ferramentas metodológicas proporcionadas pela Análise Econômica do Direito. Palavras-chave: Análise Econômica do Direito. Dissolução Parcial. Inclusão. Aviamento. Abstract: The aim is to develop a reflection on the legal possibility of including the goodwill to assets of the partner that turns off the limited liability company. Search will show what the different positions and doctrinal jurisprudence on the subject, and the pleas that esteem. In the end, it will try to demonstrate that this is not the issue as an easy demarcation, deserving, therefore, special attention of all law enforcement officers, have seen to be, even in the day-to-day life of all those businesswoman engaged in activity in our country. It will seek to demonstrate their economic importance and the necessity that, before the concrete case, if use of methodological tools provided by the Economic Analysis of Law. Keywords: Economic Analysis of Law. Partial dissolution. Inclusion. Goodwill.

scholarly journals In-house training for service company employees using information technology

2020 ◽  
Vol 5 (23) ◽  
pp. 105-110
Author(s):  
Lubov K. Ilyashenko ◽  
Zhanna V. Smirnova ◽  
Olga I. Vaganova ◽  
Svetlana N. Kaznacheeva ◽  
Natalia V. Bystrova
Keyword(s):  
Information Technology ◽  
Professional Training ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Service Company ◽  
Personal Effectiveness ◽  
State Pedagogical ◽  
The World ◽  
The Subject ◽  
Service Field

The article reveals the structure of the content of in-house training and retraining of employees, reflects the principles on which training is based and the functions that are performed by in-house professional training. Throughout the world and in Russia in particular, the subject of increased attention is the introduction of information technology. Therefore, the authors consider the in-house training of employees of the service company using the designated technologies. The agency Registration Agency, a limited liability company, was considered in the article. In 2018, among its employees, a survey was conducted that revealed the desire of employees to improve their skills through electronic courses provided by Nizhny Novgorod State Pedagogical University. It was attended by 30 respondents. After the meeting, employees were asked to undergo training on the organization of personal effectiveness. The training was conducted successfully and, based on the data obtained, we concluded that there is a need for further closer cooperation between organizations, therefore, we presented a plan of interaction between Nizhny Novgorod State Pedagogical University named after Kozma Minin and the Registration Agency limited liability company, the result of which in the future should be the achievement of benefits for both parties, that is, an increase in the intensification of the organization’s activities "and The effectiveness of the training of future graduates of the “Service” field of study.

MAKING AN IN-KIND CONTRIBUTION TO A LIMITED LIABILITY COMPANY

2021 ◽  
Vol 1 (XXI) ◽  
pp. 279-291
Author(s):  
Jędrzej Kubica
Keyword(s):  
Limited Liability ◽  
Civil Code ◽  
Point Of View ◽  
Limited Liability Company ◽  
Share Capital ◽  
The Subject ◽  
Effective Transfer ◽  
Practical Dimension

In this article, the author focuses on the issue of making an in-kind contribution to a limited liability company – both at the time of the company establishment and in the procedure of increasing the share capital. For this purpose, the author reviews the doctrine and judicature positions relating to the concept of contribution capacity and looks for answers to the question whether the limited liability company agreement and the declaration of taking up shares have the binding and disposing effect referred to in art. 155 and art. 510 of the Civil Code, and therefore whether it is necessary to conclude a separate agreement for the transfer of the subject of the contribution to the company for the effective transfer of the in-kind contribution. In his considerations, the author draws attention to the practical dimension of applying the provisions from the point of view of the work of a notary

scholarly journals Participation in a Limited Liability Company as an Element of Marital Property

2020 ◽  
Vol 7 (1) ◽  
pp. 22-33
Author(s):  
Cezary Małozięć
Keyword(s):  
Limited Liability ◽  
Limited Liability Company ◽  
Marital Property ◽  
The Subject ◽  
A Company ◽  
Joint Property

AbstractThe subject of this study is the characterization of the rights and possible obligations of a spouse of a partner of a limited liability company. Participation in a company with limited liability belonging to one of the spouses sometimes enters into joint property, and in the event of the cessation of this communion, it is divided. The company’s share belongs to the inheritance property.

scholarly journals THE SUBJECT OF ASSETS VALUATION CONTRIBUTED CAPITAL TO BUSINESS UNDER THE PROVISIONS OF BUSINESS LAW IN 2014

2017 ◽  
Vol 1 (28) ◽  
pp. 31-40
Author(s):  
Thao Thi Phuong Ngo ◽  
Thu Thi Mai Do
Keyword(s):  
Limited Liability ◽  
Joint Stock Company ◽  
Limited Liability Company ◽  
Business Law ◽  
Stock Company ◽  
Legal Provisions ◽  
The Subject ◽  
The Law

The article refers to the legal provisions of Business Law in 2014 on the subject of assets valuation contributed capital to the types of businesses: limited liability  company, partnership, joint-stock company. This article does not discuss businesses with foreign elements and State businesses. From the analysis of legal  provisions, this article has pointed out the limitations of the law on the subject of assets valuation contributed capital to business, and proposed the ways to improvement of the law on this issue.

scholarly journals Glosa do wyroku Sądu Najwyższego z dnia 28 lutego 2017 r. (I CSK 127/16, LEX nr 2297403)

2019 ◽  
Vol 28 (2) ◽  
pp. 137 ◽  
Author(s):  
Małgorzata Dumkiewicz
Keyword(s):  
Real Estate ◽  
Supreme Court ◽  
Limited Liability ◽  
Time Limit ◽  
Legal Issue ◽  
Limited Liability Company ◽  
Share Capital ◽  
The Supreme Court ◽  
Estate Property

<p>The commented judgement concerns significant legal issue, namely the consequences of ineffective lapse of a six-month time limit for notification of share capital increase in a limited liability company, in respect of in-kind contributions in the form of real estate (property), that have been made before that time limit. Article 256 § 3 of the Code of Commercial Companies refers to respective application of Article 169 of the Code of Commercial Companies in respect to the registration of an amendment to the company deed. In the commented judgement, the Supreme Court explained how the above-mentioned reference should be interpreted in the case of the increase of share capital in a limited liability company for an in-kind contributions in the form of the share in the ownership of a property.</p>

scholarly journals Allocation of profit to members of limited liability company and differences in relation to other corporate legal payments

2020 ◽  
Vol 54 (1) ◽  
pp. 215-243
Author(s):  
Vladimir Marjanski
Keyword(s):  
Balance Sheet ◽  
Limited Liability ◽  
Legal Aspects ◽  
Profit Sharing ◽  
Limited Liability Company ◽  
Dividend Payment ◽  
Legal Nature ◽  
Scientific Papers ◽  
The Subject ◽  
Correct Understanding

Given that there is a relatively large number of professional and scientific papers in the domestic scientific literature dealing with the economic issue of dividend payment policy, and that few are devoted to the legal aspects of profit sharing, the subject of this paper will be discussed analysis of the regulation relating to the distribution of profits to members of a limited liability company. Also, since in business practice there is often no correct understanding of the legal nature of the various payments to members of a limited liability company who also originate from the same initial bookkeeping source of funds - balance sheet profit, the work will also make a clear distinction between the payment of profits in relation to other payments of a corporate-legal nature.

Sign in / Sign up

Export Citation Format

Share Document