Features of the disposal of a share in the authorized capital of the limited liability company in the framework of the bankruptcy procedure

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Despite the fact that the main purpose of conducting public auctions in the framework of bankruptcy procedures is to satisfy the creditor's claims of the debtor- participant of the company as much as possible, in practice, the implementation of this goal may lead to a collision with the corporate interests of other participants of the company. The purpose of the work is to consider the specifics of the disposal of a share in the authorized capital of the company in case its owner is declared bankrupt. In the course of the research, the method of system analysis, comparative legal and formal legal methods of cognition were used. The article analyzes the procedure for the disposal of a share in the authorized capital of the company, examines the main issues related to the problem of exercising the pre-emptive right to purchase a share owned by other participants of the company in the event of its alienation as part of the bankruptcy procedure of its participant.

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Bankruptcy (insolvency), debtor's property disposal, share in the authorized capital of a limited liability company, public auction, pre-emptive right, pledge, pledgee

Короткий адрес: https://sciup.org/140296660

IDR: 140296660   |   DOI: 10.52068/2304-9839_2022_59_4_46

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