CEU Electronic Theses and Dissertations, 2016
| Author | Khamidullina, Yekaterina |
|---|---|
| Title | Application of shareholders' agreements: what lessons can be learned by kazakhstan from the us |
| Summary | Shareholders’ agreement is a document, which is widely used in the common law countries (the United States of America, the United Kingdom, Canada, Australia etc.). Many experts tend to think that SHAs help to combine corporations , prevent hostile takeovers and provide mechanisms to plan a long-term business strategy of the corporation. SHAs also deserve special attention as a mechanism for minority shareholders’ protection and inter-generational transfer of wealth in the US family close corporations. Current Kazakhstani legislation does not regulate SHAs, however it also does not offer any restrictions on their conclusion. Due to the lack of legislative regulation, conclusion of SHAs is not a common practice in Kazakhstan. Recognition and enforcement of such agreements is also questionable. The aim of this thesis is to analyze to what extent the use of SHAs would be reasonable in different Kazakhstani legal entities and find possible variants and mechanisms of SHAs’ application in practice. In order to achieve this purpose the author examines the definition of the SHA, its types, peculiarities and matters, which can be regulated by the SHAs according to U.S. statutory and case law. In Kazakhstan the theme of SHAs’ applicability is new and topical. The thesis is one of the first attempts to examine what kind of American business practices and contractual solutions related to SHAs may be applicable in Kazakhstan context. Particular attention is paid to the analysis of the SHA’s and articles of association’s comparative characteristics and correlation, validity of the SHAs in close corporations under U.S. statutory and case law. Practical advice on drafting of the SHAs and recommendations for the strengthening of the regulatory framework in Kazakhstan are provided in the end of the thesis. |
| Supervisor | Tibor Tajti |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2016/khamidullina_yekat.pdf |
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