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ON THE QUESTION OF PROTECTION OF PROPERTY CORPORATE RIGHTS OF THE PARTICIPANTS OF THE LIMITED LIABILITY COMPANY

Journal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 52)

Publication Date:

Authors : ; ;

Page : 75-81

Keywords : legal protection; corporate rights; share in the authorized capital; company; property rights;

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Abstract

The article is devoted to the study of the peculiarities of legal protection of corporate property rights of members of a limited liability company. It was established that the corporate property rights of the company members mediate the process of their property participation in the organization's activities. The publication focuses on the legal nature and peculiarities of the realization of property rights, which have been legally established at the legislative level, in particular: the right to payment of the value of the share in the event of leaving the company; the right to the payment of dividends, the preferential right to purchase a share of another member of the company, which is alienated to a third party; the right to receive part of the property remaining after settlements with creditors in case of liquidation of the company; the right to alienate a share (part thereof) to other participants or third parties on a paid or free basis. The specified rights are differentiated by the authors according to the criterion of the presence or absence of attachment to the size of the share of the authorized capital. Attention is focused on restrictions on the exercise of individual rights. It was established that in addition to property rights, which are regulated at the legislative level, members of a limited liability company can acquire corporate property rights, which are enshrined in the founding documents. On the basis of the conducted analysis, it was concluded that despite the attempt made to improve the regulation of relations related to the realization of corporate property rights, both at the doctrinal level and in practice, a number of unresolved problematic issues remain.

Last modified: 2022-12-22 18:17:21