Rights of Pledgees of Shares and Stakes in the Authorized Capital of Business Legal Entities: Problems of Regulation and Law Enforcement

The article analyzes the problems of the implementation of the rights of a shareholder (participant) of the company by the pledgee of shares or a stake in the authorized capital of a business entity. The author raises the issue of the liability of the pledgee of the share to the pledgor, the company, as well as liability as a person controlling the activities of the debtor within the framework of the bankruptcy institution. In particular, the features of the legal regulation of liability and satisfaction of claims of creditors affiliated with the debtor in the context of the relationship of the pledge of shares or a stake in the authorized capital of a business entity are examined. The article concerns the issues of determining the status of the pledgee of shares or a stake in the authorized capital as a person controlling the company, subordination of the pledgee's claims to the company in the event of bank-ruptcy of the latter, challenging the transactions concluded between the pledgee and the company. The article also proposes measures to optimize the regulation of these relations, as well as recommendations for finalizing and correcting the identified deficiencies.