Article | Problems Arising at the Intersection of Corporate and Hereditary Relationships: what is Inherited After the Death of a Limited Liability Company’s Shareholder and How? |
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Authors | INNA SPASYBO-FATYEYEVA |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 9 / 2023 |
Pages | 115 - 127 |
Annotation | After the death of a person, the inheritance of the property that belonged to him or her occurs. If the deceased was a shareholder of a limited liability company, the question arises not only as to what will be inherited, but also whether the heir will become a shareholder of the company. Therefore, the answer to this question is important both for the heirs and for other company shareholders, as it affects corporate governance and, possibly, the state of affairs in the company to a certain extent. Changes in the legislation regulating relations regarding inheritance and acquisition of corporate rights by heirs of a deceased shareholder with the adoption of the Law on Limited Liability Companies and Additional Liability Companies have given rise to numerous problems. First of all, they are caused by whether this law establishes a mandatory requirement for the acquisition of corporate rights by heirs or whether the company’s charter may establish another legal mechanism. Another question is how to terminate the corporate right of the heir, if it is assumed that he has acquired it but has not taken any action to join the company.
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Keywords | corporate rights; inheritance; joining a company; share in the authorized capital |
References | Bibliography Authored books 1. Agarkov M, Izbrannye trudy po grazhdanskomu pravu, t 2: Uchenie o cennyh bumagah (Statut 2012) (in Russian).
Edited books 2. Tsyvilnyi kodeks Ukrainy: naukovo-praktychnyi komentar, t 2: Pravo vlasnosti ta inshi rechovi prava (Spasybo-Fatieieva I red, EKUS 2023) (in Ukrainian).
Journal articles 3. Spasybo-Fatieieva I, ‘Vchennia pro korporatyvni prava i tsyvilistychna doktryna’ (2014) 6 Pravo Ukrainy 84–92 (in Ukrainian). 4. Spasybo-Fatieieva I, ‘Problematyka predstavnytstva aktsioneriv’ (2010) 7–8 Notariat dlia vas 15–8 (in Ukrainian).
Newspaper articles 5. Spasybo-Fatieieva I. ‘Sto problem zi statteiu 100’ (Iurydychna hazeta 2004, № 10) 18 (in Ukrainian).
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