Exclusion a member from society as a means of protection from raiders
( Pp. 92-98)

More about authors
Artyukhin Andrey N. aspirant
FSBEI HPE "Far Eastern state transport University, Khabarovsk Artemenko Ulyana A. aspirant
FSBEI HPE "Far Eastern state transport University, Khabarovsk
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Abstract:
Object: Recent amendments made by the Federal Law of 05.05.2014 №99-FZ «On Amendments to Chapter 4 of the Civil Code of the Russian Federation and invalidating particular provisions of legislative acts of the Russian Federation» in the Civil Code of the Russian Federation allow the corporation participants to claim the corporation losses which have arisen due to the fault of the founder. Introduction of this provision is justified by the legislator that is often founders, bypassing the legal limit use a limited liability company for its own purposes. It seems that this provision will help to protect the rights of other shareholders. In practice it is very difficult to prove and even more to determine caused any harm to the founder of the limited liability company. The case remains worry when the actions of one of the founders are classified as raider, and especially when its activity aims to replace the head of the society. In this article the author wants to draw attention to one more way to protect the legal entity as exclusion from society. Methods: In the article comparison and analysis methods were used. Conclusions: Due to the judicial practice, in the article it was made the conclusions about the necessity to put list of circumstances in the Federal Law «On Limited Liability Companies» due to which a member may be excluded from society. Value: This article is intended for lawyers in corporate law, as well as entities possessing legislative initiative
How to Cite:
Artyukhin A.N., Artemenko U.A., (2015), EXCLUSION A MEMBER FROM SOCIETY AS A MEANS OF PROTECTION FROM RAIDERS. Business in Law, 2 => 92-98.
Reference list:
Grazhdanskiy kodeks Rossiyskoy Federatsii. CHast pervaya ot 30.11.1994 №51-FZ (red. ot 22.10.2014) // Sobranie zakonodatel stva RF ot 05.12.1994 g. № 32, st. 3301; Rossiyskaya gazeta ot 08.12.1994 g., № 238-239
Federal nyy zakon ot 08.02.1998 № 14-FZ (red. ot 05.05.2014) Ob obshchestvakh s ogranichennoy otvetstvennost yu // Rossiyskaya gazeta ot 17 fevralya 1998 g. № 30; Sobranie zakonodatel stva RF ot 16 fevralya 1998 g. № 7, st. 785
Burtseva L.A., (2013), Nekotorye osobennosti isklyucheniya uchastnika iz obshchestva s ogranichennoy otvetstvennost yu. Grazhdanskoe pravo, 4: 100-103
Kuznetsov A.A. Isklyuchenie uchastnika iz obshchestva s ogranichennoy otvetstvennost yu / A.A. Kuznetsov, M.: Statut, 2014. - 141 s.
SHarkov M.A., (2007), Reyderstvo i nedruzhestvennye pogloshcheniya: voprosy sootnosheniya. Probely v rossiyskom zakonodatel stve, 3: 171-173
Keywords:
raiding, the Institute of exclusion from society, responsibility, legislation, judicial practice.


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