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The moment of termination of corporate legal relations
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The long-term nature of corporate legal relations necessitates the theoretical selection of certain moments of their emergence, change and termination. The update of the corporate legislation has necessitated a review of the established positions on the moment of termination of corporate legal relations, analysis and study of the legislation and resolution of problems that arise in connection with its application. The introduction of the institution of consent in corporate legal relations necessitated a scientific rethinking of certain aspects of the mechanism of termination of corporate legal relations. The article investigates the main scientific approaches to determining the moment of termination of corporate legal relations, analyzes the moment of termination of corporate legal relations depending on the grounds for their termination.
Based on four main approaches to determining the moment of termination of corporate legal relations, the positions of scientists who adhere to them are studied, changes to the current corporate legislation are analyzed, inconsistencies regarding the moment of termination of corporate legal relations are revealed. The peculiarities of the moment of termination of corporate legal relations in case of alienation of a share (part of a share) in the authorized capital of the company, exclusion of a participant from the company, its withdrawal, withdrawal, recovery from the defendant (claim from his possession) to a share (part of the share) are analyzed. Peculiarities of state registration of changes in information about a legal entity in the aspect of determining the moment of termination of corporate legal relations are determined. A position has been formed regarding the application of a separate approach to determining the moment of termination of corporate legal relations on certain grounds for termination of corporate legal relations and suggested ways to resolve existing inconsistencies in corporate law regarding certain grounds for termination of corporate legal relations.
Title: The moment of termination of corporate legal relations
Description:
The long-term nature of corporate legal relations necessitates the theoretical selection of certain moments of their emergence, change and termination.
The update of the corporate legislation has necessitated a review of the established positions on the moment of termination of corporate legal relations, analysis and study of the legislation and resolution of problems that arise in connection with its application.
The introduction of the institution of consent in corporate legal relations necessitated a scientific rethinking of certain aspects of the mechanism of termination of corporate legal relations.
The article investigates the main scientific approaches to determining the moment of termination of corporate legal relations, analyzes the moment of termination of corporate legal relations depending on the grounds for their termination.
Based on four main approaches to determining the moment of termination of corporate legal relations, the positions of scientists who adhere to them are studied, changes to the current corporate legislation are analyzed, inconsistencies regarding the moment of termination of corporate legal relations are revealed.
The peculiarities of the moment of termination of corporate legal relations in case of alienation of a share (part of a share) in the authorized capital of the company, exclusion of a participant from the company, its withdrawal, withdrawal, recovery from the defendant (claim from his possession) to a share (part of the share) are analyzed.
Peculiarities of state registration of changes in information about a legal entity in the aspect of determining the moment of termination of corporate legal relations are determined.
A position has been formed regarding the application of a separate approach to determining the moment of termination of corporate legal relations on certain grounds for termination of corporate legal relations and suggested ways to resolve existing inconsistencies in corporate law regarding certain grounds for termination of corporate legal relations.
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