ASSIGNMENT OF THE RIGHT TO DEMAND DIVIDENDS IN JOINT STOCK COMPANIES
Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 38)Publication Date: 2021-04-30
Authors : Diadiuk Anastasiia;
Page : 39-44
Keywords : assignment of the right of claim; replacement of the creditor in the obligatory one; the right to receive dividends of the joint-stock company;
Abstract
An article explores theoretical and practical problems of the assignment of the claim dividends to joint-stock companies. The author pointed to the legal nature of the transfer of the right of claim. Were studied the peculiarities and procedure of transferring the shareholder's right to receive dividends due to him to third parties. The right to receive dividends by a shareholder gives rise to a monetary obligation, the parties to which are a company (the debtor) and a shareholder (the creditor). We can see the possibility of assignment of the right to claim payment of dividends as a legal basis for replacing the creditor (shareholder) in the obligation because of the absence of a direct legal prohibition, as well as the personal nature of the legal relationship between the company and the shareholder. The practical implementation of this possibility is complicated by several factors, including the lack of a clear legal position on the nature of dividends, as well as the right to receive dividends; legislative non-regulation of the procedure for assignment of the right to demand payment of dividends. The analyzed decisions of the state regulator indicate the impossibility of replacing the creditor in the obligation to pay dividends if the shareholder transfers his rights to another person under the transaction (agreement) in the manner prescribed by regulations. The legal doctrine shows, the essence of the shareholder's right to dividends allows distinguishing the corporate right to dividends, and the right to claim payment of dividends (obligatory). Accordingly, the right to claim payment of dividends has the characteristics of an independent property object (asset), which may be the object of a contractual relationship. The obligatory right to demand payment of dividends will be the subject of a contract of assignment of the right to claim dividends to be paid (cession), as a kind of agreement of assignment of the right to demand a monetary obligation. The conclusion of an agreement on the assignment of the right to claim dividends is possible only after the acquisition by the shareholder (original creditor) of the right to claim the company.
Other Latest Articles
- TAX PLANNING: PRACTICAL PROBLEMS OF IMPLEMENTATION
- LEGAL REGULATION OF FISCAL RELATIONS AS A FACTOR OF FOOD SECURITY
- PREVENTION OF OFFENSES IN THE BUDGETARY SPHERE BY MEANS OF ADMINISTRATIVE LAW
- LEGAL REGULATION OF CERTAIN ADMINISTRATIVE AND ECONOMIC SANCTIONS APPLICABLE BY CIVIL SERVICE OF UKRAINE FOR TRANSPORT SAFETY
- EUROPEAN COURT OF HUMAN RIGHTS AS AN INSTRUMENT OF PROTECTION OF THE RIGHTS OF MIGRANTS
Last modified: 2021-05-21 18:18:56