CEU Electronic Theses and Dissertations, 2008
| Author | Treshchinskaya, Yulia Aleksandrovna |
|---|---|
| Title | Protection of Members of Limited Liability Companies in Ukraine in Comparison with Germany |
| Summary | The research project explores the level of protection of Limited Liability Company’s shareholders’ rights in Germany and Ukraine and the ways of improvement of Ukrainian shareholders’ protection. The first chapter focuses on the shareholder’s protection during the expulsion prodecure. In this case the corporation denies the right of the shareholders to voice in company’s affairs, which is considered a fundamental element of shareholding. It is stipulated that expulsion is a necessary remedy to cure corporate deadlocks. Under the Ukrainian law the question about the expulsion of the shareholder must be solved on the general meeting of the shareholders that give rise to more possibilities of sharehorders’ abusement. On the grounds of comparative analysis of German and Ukrainian corporate laws the author of the thesis attempts to clarify the provision of the Ukrainian Act on Business Assosiations with a purpose to avoid a misuse of this right removing the authority to expel shareholders from the Shareholders’ General Meeting to the court. In the next chapter the research touches upon the origin of the notion of derivative suit, modern approach to the application of derivative suits in German legal system, its advantages and disadvantages. On the grounds on comparative analysis attention is called for the need to introduce the notion of derivative claim in Ukrainian legislation. Thus, the research seeks to improve the level of protection of LLC’s shareholders’ rights implementing the derivative suit in the legislation of Ukraine. |
| Supervisor | Stefan Messmann |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2008/treshchinskaya_yulia.pdf |
Visit the CEU Library.
© 2007-2021, Central European University