Корпоративное право. Акционерное общество (самое важное)

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Корпоративное право. Акционерное общество (самое важное)

Lecture notes, cheat sheets

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51. Joint stock company

A joint-stock company is a company whose authorized capital is divided into a certain number of shares; participants of a joint-stock company (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares. Shareholders who have not fully paid for the shares shall be jointly and severally liable for the obligations of the joint stock company within the limits of the unpaid part of the value of their shares.

The trade name of a joint-stock company must contain its name and an indication that the company is a joint-stock company.

Joint-stock companies can be created in various ways, including through privatization. Features of the legal status of joint-stock companies created by privatization of state and municipal enterprises are also determined by laws and other legal acts on the privatization of these enterprises.

Joint-stock companies can carry out a variety of activities covered by the concept of entrepreneurial activity.

A joint-stock company is an independent subject of civil turnover, has legal capacity and independently exercises civil rights and bears obligations stipulated by the legislation of the Russian Federation. The legal regulation of joint-stock companies is more stringent than that of other commercial organizations. In case of violations on the part of the company, it bears the responsibility provided for by law. This shows the delinquency of AO.

A joint stock company may establish branches and open representative offices on the territory of the Russian Federation in compliance with the requirements of the Law on Joint Stock Companies and other federal laws. The establishment of branches by the company and the opening of representative offices outside the territory of the Russian Federation are also carried out in accordance with the legislation of a foreign state at the location of branches and representative offices, unless otherwise provided by an international treaty of the Russian Federation.

A branch of a company is its separate subdivision, located outside the location of the company and performing all its functions, including the functions of representation or part of them.

The representative office of the company is its separate subdivision, located outside the location of the company, representing the interests of the company and protecting them.

A branch and a representative office are not legal entities, they operate on the basis of a regulation approved by the company

The charter of the company must contain information about its branches and representative offices.

A joint stock company has the following features:

1) is an organization;

2) has an authorized capital;

3) the authorized capital is divided into shares;

4) the participants of the joint-stock company are the shareholders;

5) the shareholders are not liable for the obligations of the joint-stock company;

6) shareholders bear the risk of losses associated with the activities of the company, within the value of their shares.

Author: Sazykin A.V.

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