Legal regime of a share in the charter capital of a limited liability company
Based on the analysis of Ukrainian legislation and legal doctrine, the article examines the legal regime of a share in the authorised capital of a limited liability company. The necessity of considering a share in the authorized capital in two senses is substantiated: economic and legal. According t...
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| Format: | Article |
| Language: | Ukrainian |
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Kharkiv National University of Internal Affairs
2024-06-01
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| Series: | Bulletin of Kharkiv National University of Internal Affairs |
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| Online Access: | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/733 |
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| author | M. I. Sevostianova |
| author_facet | M. I. Sevostianova |
| author_sort | M. I. Sevostianova |
| collection | DOAJ |
| description | Based on the analysis of Ukrainian legislation and legal doctrine, the article examines the legal regime of a share in the authorised capital of a limited liability company. The necessity of considering a share in the authorized capital in two senses is substantiated: economic and legal. According to the first meaning, such a share expresses a part of the value of the company’s property and gives a person the opportunity to dispose of the company's capital (assets). However, from a legal point of view, there is an insurmountable obstacle to this understanding – the status of a limited liability company as an independent participant in civil relations, which owns such property, and property separation is one of the features that characterises it.
The opinion that a share in the authorised capital of a limited liability company does not coincide with the concepts of “corporate rights” or “property rights” is supported, it is an independent tradable object, but with a specific legal regime, in particular, it cannot be the object of other limited property rights, but it is such a share (and not corporate rights) that can be the object of property rights.
It has been proved that: 1) the legal nature of a share should be characterised through the legal nature of the powers of a limited liability company participant; 2) such powers constitute a single and indivisible set of corporate rights which are recognised as a separate category of rights, along with obligatory and property rights; 3) the legal nature of corporate rights is of a comprehensive nature, which primarily consists of a combination of the principles of absoluteness and relativity; 4) the definition of a share only through the shareholder's rights is not justified, since the shareholder's rights are inextricably linked to his/her obligations; 5) a share as an object of civil rights is “other property”, not “property rights”. |
| format | Article |
| id | doaj-art-5658e66e66c04beaba361be08e73e914 |
| institution | Kabale University |
| issn | 1999-5717 2617-278X |
| language | Ukrainian |
| publishDate | 2024-06-01 |
| publisher | Kharkiv National University of Internal Affairs |
| record_format | Article |
| series | Bulletin of Kharkiv National University of Internal Affairs |
| spelling | doaj-art-5658e66e66c04beaba361be08e73e9142025-02-03T05:27:44ZukrKharkiv National University of Internal AffairsBulletin of Kharkiv National University of Internal Affairs1999-57172617-278X2024-06-011052 (Part 1)526110.32631/v.2024.2.05733Legal regime of a share in the charter capital of a limited liability companyM. I. Sevostianova0Kharkiv National University of Internal AffairsBased on the analysis of Ukrainian legislation and legal doctrine, the article examines the legal regime of a share in the authorised capital of a limited liability company. The necessity of considering a share in the authorized capital in two senses is substantiated: economic and legal. According to the first meaning, such a share expresses a part of the value of the company’s property and gives a person the opportunity to dispose of the company's capital (assets). However, from a legal point of view, there is an insurmountable obstacle to this understanding – the status of a limited liability company as an independent participant in civil relations, which owns such property, and property separation is one of the features that characterises it. The opinion that a share in the authorised capital of a limited liability company does not coincide with the concepts of “corporate rights” or “property rights” is supported, it is an independent tradable object, but with a specific legal regime, in particular, it cannot be the object of other limited property rights, but it is such a share (and not corporate rights) that can be the object of property rights. It has been proved that: 1) the legal nature of a share should be characterised through the legal nature of the powers of a limited liability company participant; 2) such powers constitute a single and indivisible set of corporate rights which are recognised as a separate category of rights, along with obligatory and property rights; 3) the legal nature of corporate rights is of a comprehensive nature, which primarily consists of a combination of the principles of absoluteness and relativity; 4) the definition of a share only through the shareholder's rights is not justified, since the shareholder's rights are inextricably linked to his/her obligations; 5) a share as an object of civil rights is “other property”, not “property rights”.https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/733share in the authorised capitalparticipantbusiness entitylegal entityrightsobligationspropertyproperty rights. |
| spellingShingle | M. I. Sevostianova Legal regime of a share in the charter capital of a limited liability company Bulletin of Kharkiv National University of Internal Affairs share in the authorised capital participant business entity legal entity rights obligations property property rights. |
| title | Legal regime of a share in the charter capital of a limited liability company |
| title_full | Legal regime of a share in the charter capital of a limited liability company |
| title_fullStr | Legal regime of a share in the charter capital of a limited liability company |
| title_full_unstemmed | Legal regime of a share in the charter capital of a limited liability company |
| title_short | Legal regime of a share in the charter capital of a limited liability company |
| title_sort | legal regime of a share in the charter capital of a limited liability company |
| topic | share in the authorised capital participant business entity legal entity rights obligations property property rights. |
| url | https://visnyk.univd.edu.ua/index.php/VNUAF/article/view/733 |
| work_keys_str_mv | AT misevostianova legalregimeofashareinthechartercapitalofalimitedliabilitycompany |