Notice of the corporate organization members general meeting: legal nature and practice
Автор: Nastin P.S.
Журнал: Вестник Пермского университета. Юридические науки @jurvestnik-psu
Рубрика: Гражданское и предпринимательское право
Статья в выпуске: 1 (27), 2015 года.
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Introduction: this article gives an analysis of the Civil Code rules and the rules of the special laws that are regulating relations of the notice of the corporate organization members General Meeting. Objective: to identify the practical problems activities related to the notice of the corporate organization members General Meeting; to compare such legal structures as «notice of the corporate organization members General Meet-ing» and «significant legal message»; to analyze the existing ways and forms of the notice of the corporate organization members General Meeting. Methods: the methods of the analysis and synthesis, of the comparison, of the analogy are used in this article; by using the method of the comparative jurisprudence and the modeling method, the article makes proposals of changing the existing legislation. Results: the article points to the uncleared difference in the regulating of the researching legal relations by Joint Stock Companies Law and by the Limited Liability Companies Law. The position that the notice of the corporate organization members General Meeting is the significant legal message in the meaning of the article 165.1 of the Civil Code is proven. It is proposed to establish primary and secondary ways of notification the corporation members about the General Meeting of members of such corporation. Conclusions: the assessment of the current legislation in the researching area is given; the proposals of changing the current legislation are formulated.
Corporation, general meeting, notice, juridical fact, freedom of contract, governing bodies, legal relation, information
Короткий адрес: https://sciup.org/147202483
IDR: 147202483