有限责任公司和附加责任公司股东大会的组织和召开特点

V.Ye. Sikora
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引用次数: 0

摘要

本文以有限责任公司和附加责任公司股东大会的组织和召开为背景,对公司关系的法律规制现状进行了阐述。通过对现代科学家著作的比较法分析,研究有限责任公司/额外责任公司管理参与权的法律性质和内容。在此基础上,建立了对公司管理及其组成部分的概念的广泛理解的关系,包括与参与者大会的运作有关的关系。有限责任公司/额外责任公司的股东大会在公司的管理中起着最重要的作用。明确有限责任公司股东大会参与权的实质,确定有限责任公司股东大会参与权的内容。重点是有限责任公司/额外责任公司的股东在股东大会上的实际参与权直接依赖于后者对其持有的时间和地点的意识。分析了有限责任公司/附加责任公司股东大会的组织和召开的特点。有限责任公司/附加责任公司股东大会议程的形成程序已确定。说明通知股东大会召开及地点的程序。确定了由一人参加的公司召开股东大会的特点。根据这项研究,得出了关于现行立法所提供的机制的总体有效性的结论,这些立法规定了组织和举行有限责任公司/额外责任公司股东大会的程序。与此同时,考虑到实践中出现的需求和问题,需要最后确定特别法的某些条款,以便巩固立法和地方一级(在公司章程中)的相关发展。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Features Of The Organization And Holding Of The General Meeting Of Participants Of Limited And Additional Liability Companies
The article establishes the current state of legal regulation of corporate relations in the context of the organization and holding of the general meeting of participants of limited and additional liability companies. The legal nature and content of the right to participate in the management of a limited/additional liability company through the prism of comparative legal analysis of the works of modern scientists are studied. Based on the above, it is installed the relationship of a broad understanding of the concept of company management and its components, including those related to the functioning of the general meeting of participants. It is established that the general meeting of participants of a limited/additional liability company plays the most important role in the management of the company. The essence of the right to participate in the general meeting of participants of a limited/additional liability company is clarified and its content is determined. Emphasis is placed on the direct dependence of the right of actual participation of a participant of a limited/additional liability company in the general meeting on the latter’s awareness of the time and place of their holding. The peculiarities of the organization and holding of the general meeting of the participants of the limited/additional liability company are analyzed. The procedure for forming the agenda of the general meeting of participants of a limited/additional liability company is determined. The procedure for notifying the convening and venue of the general meeting is described. The peculiarities of holding a general meeting of participants by a company with one participant are determined. Based on the study, conclusions were made about the overall effectiveness of the mechanisms provided by current legislation, which establish the procedure for organizing and conducting the general meeting of participants of a limited/additional liability company. At the same time, attention is paid to the need to finalize certain provisions of the special Law, taking into account the needs and problems that arise in practice, and in order to consolidate the relevant developments at the legislative and local levels (in the company’s charter).
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