STATE REGISTRATION OF LEGAL ENTITIES: QUESTIONS OF CIVIL LEGAL ADJUSTMENT
Journal Title: Часопис цивілістики - Year 2018, Vol 29, Issue
Abstract
The Law of Ukraine «On Limited Liability Companies» dated 06.02.2018 provides the number of changes that need to be studied in terms of civil-law regulation. To the innovations of the Law it is possible to attribute the question concerning: the possibility of establishing a supervisory board of a company recognized by the law as a management body that within its competence, defined by the company’s charter, controls and regulates the activities of the executive body of the company; the supervisory board may be delegated powers of the general meeting of the members of the company, except those that are assigned to the exclusive competence of the general meeting; the possibility not to form a revision commission at all, which could not be formed in compliance with the requirements of the current legislation in the event that the number of participants was less than 3 persons and which, even in the case of its formation, did not perform any control functions; the new decision-making procedure by the general meeting, for example, the possibility of participation in the general meeting by absentee voting and decision-making of the general meeting of participants through a poll: 1) in case of absentee voting, the authenticity of the signature of the participant of the company is certified notarially; 2) the decision through a poll can not be made on issues of amending the statute, the liquidation of a company, merger, accession, exclusion of a participant in a partnership and other decisions specified in Art. 37 of the Law; changes and clarifications of the order of the participant’s withdrawal from the company, which consists in simplifying the procedure, which is a positive step towards promoting the development of the activity of the companies and reducing the burden on the indicated subjects; the possibility of submitting documents to the state registrar when the membership is changed not only by the company itself (leader) but also by other persons (new participant, former participant, plaintiff, heir; requirements for the figuration of the company’s statute. As a result of the analysis of changes in the civil law nature in the state registration of legal entities, introduced by the Law of Ukraine «On Limited Liability Companies», it is concluded that the legislator’s accent on dispositiveness, which involves not only the change, but also the exclusion of a number of provisions from the company’s foundation document of the partnership.
Authors and Affiliations
Інна Валеріївна Воротинцева
Keywords
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