Corporate law. Rights and obligations of business partnerships and societies (corporations) (most important)

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Corporate law. Rights and obligations of business partnerships and societies (corporations) (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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24. Rights and obligations of business partnerships and companies (corporations)

Economic partnerships and companies are endowed with their own legal capacity and competence.

In terms of studying the corporate law of the Russian Federation, it is not so much the general civil rights of these persons that are important, but the rights of these persons associated with their special status. The presence of such rights in relation to a corporate organization is due to the fact that the participants in a corporate organization are sources of the organization's capital, are contributors to the organization's share capital. Giving participants responsibilities is associated with their ability to carry out managerial activities and make decisions. They should be held accountable for such decisions.

The granting of rights and obligations to participants is not the same in different organizations, the scope of powers of various subjects of corporate legal relations does not coincide, since the property shares of corporation participants, the nature and scope of their powers within the corporation, etc., do not match in volume. However, the rights and obligations of corporation participants can still be unified. They are fundamentally important from the point of view of state interests. The Civil Code of the Russian Federation provides for the rights and obligations of participants in a business partnership or company.

Participants in a business partnership or company have the right to:

1) participate in the management of the affairs of the partnership or company, except for the cases provided for in paragraph 2 of Art. 84 of the Civil Code of the Russian Federation and the law on joint-stock companies;

2) receive information about the activities of the partnership or company and get acquainted with its accounting books and other documentation in the manner prescribed by the constituent documents;

3) take part in the distribution of profits;

4) receive, in the event of liquidation of the partnership or company, part of the property remaining after settlements with creditors, or its value.

Participants in a business partnership or company may also have other rights provided for by the Civil Code of the Russian Federation, laws on business companies, constituent documents of the partnership or company.

The rights of participants in business partnerships and companies correspond to obligations, since it is impossible to vest rights without imposing certain obligations, including obligations of a property nature.

Participants in a business partnership or company are required to:

1) make contributions in the manner, amount, methods and terms provided for by the constituent documents;

2) not to disclose confidential information about the activities of the partnership or company.

Participants in a business partnership or company may also bear other obligations stipulated by its founding documents. The norm regulating the rights of participants in business partnerships and companies in the Civil Code of the Russian Federation is imperative and must be observed by all business partnerships and companies. At the same time, the rights of participants in business partnerships may be extended by the founding documents of a business partnership or company.

Author: Sazykin A.V.

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