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Loss of corporate control in limited liability companies. Risks and legal ways of overcoming

https://doi.org/10.28995/2073-6304-2023-2-129-142

Abstract

Within the framework of the article, cases of loss of corporate control are analyzed, as well as ways to overcome them. The author considers the norms of legislation in order to identify cases of loss of corporate control with emerging risks and to find the ways for relieving of them. The author concluded on the significance of dispositive norms in the development of the company’s charter and proposed to amend the legislation on corporate control, giving priority to the imperative method of regulation. 

About the Author

T. V. Belova
Russian State University of the Humanities
Russian Federation

Tat’yana V. Belova, Cand. of Sci. (Law), associate professor

bld. 6, Miusskaya Square, Moscow, 125047



References

1. Bosyk, o.I., Strazhevich, Yu.N. and Dyad’kin, D.S. (2018), “Restoring methods of corporate control in limited liability company by regaining lost participatory share”, Surgut State University Journal, no. 2 (20), pp. 105–110.

2. Dbar, A.V. (2017), “Legal problems of pledge of a share in the authorized capital of LLC”, North Caucasus Legal Vestnik, no. 3, pp. 77–87.

3. Erakhtina, o.S. and Shirokova, A.D. (2017), “Redistribution and loss of corporate control: judicial practice”, Laws of Russia: experience, analysis, practice, no. 2, pp. 58–64. Kisil’, A.A. (2021), “Problematic aspects of the division of the common property of the spouses in court and ways to overcome them”, Eurasian Advocacy, no. 3 (52), pp. 65–70.

4. Potopalsky, S.S. (2020), “Protection of the rights of minority participants in a limited liability company when increasing the authorized capital”, Scientific notes of V.I. Vernadsky crimean federal university. Juridical science, vol. 6 (72), no. 4, pp. 288–296.

5. Timofeev, S.V. (2022), “Relevant lines of activity of the Bank of Russia for the protection, control and supervision in the field of corporate relations”, Upravlenie personalom: sovremennye kontseptsii i effektivnye tekhnologii: Sb. materialov [Personnel management. Modern concepts and effective technologies Proc. of the All-Russian (national) scientific and practical conference], Fond nauki i obrazovaniya, Rostov/ Don, Russia, pp. 184–188.


Review

For citations:


Belova T.V. Loss of corporate control in limited liability companies. Risks and legal ways of overcoming. RSUH/RGGU BULLETIN. Series Economics. Management. Law. 2023;(2):129-142. (In Russ.) https://doi.org/10.28995/2073-6304-2023-2-129-142

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ISSN 2073-6304 (Print)