Current trends in judicial practice in the field of invalidation of decisions of the general meeting of participants of a corporate legal entity

  • V. Sikora


In the article the features of confession are analysed by invalid decisions of general collections of participants of legal entity of corporate type as method of protection of corporate rights most applied in practice.
In the process of research the basic tendencies of judicial practice of consideration of spores are distinguished about confession invalid decisions of general collections and the separate problems of law enforcement are distinguished.
The features of application of quorum are set in accordance with changes in a legislation that regulates activity of societies with a limited and additional responsibility. A quasi-quorum is set the minimum threshold of voting, that is set by a law or on certain questions it can be independently determined by participants in a local act.
The necessity of establishment is reasonable for the legislation of three-day term for presentation of documents on realization of state registration of changes in composition the participants of legal entity.
Received a further substantiated proposal on the expediency of legislative filling of a set of grounds, the simultaneous occurrence of which the decisions of the general meeting may not be invalid, including: insignificance of the destruction during the decision damage to the participants due to the adoption of the contested decision.
On results an analysis and generalization of judicial practice in the cut of decision of corporate spores contradictions are set in positions of courts to law enforcement, in this connection recommendations are offered in relation to the improvement of current legislation that in turn will assist forming of the only going near application of corporate norms by courts.