On Joint Stock Companies

Realizing the importance of the document signed by the shareholders, above all, necessary to define the concepts used. Otherwise it may lead to undesirable consequences in particular, even to a corporate standoff. However, as revealed in the application of shareholders' agreements, the law does not answer the question whether the provisions of shareholders' agreement to deviate from the rules contained in the charter of the company? On the one hand, the statute regulates only the relations between the company and its shareholders and does not affect the relationship between the shareholders themselves, but on the other hand, is the norm of paragraph 2 of Art. 11 FZ "On Joint Stock Companies", which establishes that the requirements of the Articles of Association are binding its shareholders. The remaining unresolved issue specified leads to that part agreement to solve the same problem may apply different standards of the same law, which undoubtedly will lead parties to the agreement, at least, to misunderstand each other and, at most, to a complete rupture relations, which clearly have a negative effect on joint business projects. Also, it should be noted that despite the radical contained in st.32.1 Federal Law "On Joint Stock Companies" novels, it is enough narrowly defined range of persons who may be participants in the shareholders' agreement: a party should always be a shareholder society, as other parties may speak of other shareholders and / or third party. Thus, impossible to conclude a shareholder agreement between the company and its shareholders, as well as among the founders of joint stock company until they gained the status of shareholders (shares credited to the account).

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