Corporate law. Sources of corporate law (most important)

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Corporate law. Sources of corporate law (most important)

Lecture notes, cheat sheets

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8. Sources of corporate law

1. The Constitution of the Russian Federation serves as the basis for all legislation, including corporate legislation. The Constitution of the Russian Federation contains norms directly related to corporate law.

2. The Civil Code of the Russian Federation, since it is on the basis of the Civil Code of the Russian Federation that the foundations of the legal status of corporate entities - business companies and partnerships are established. The Civil Code of the Russian Federation develops the provisions of the Constitution of the Russian Federation on participants in civil transactions and establishes the rights and obligations of these participants, including corporations. The Civil Code of the Russian Federation is a universal source of corporate law of the Russian Federation.

3. The following federal laws are most directly related to the legal status of corporations:

1) Federal Law "On the protection of the rights of legal entities and individual entrepreneurs in the course of state control (supervision)";

2) the Federal Law "On Insolvency (Bankruptcy)", in accordance with which a commercial organization is liquidated on the basis of the bankruptcy of this organization;

3) Federal Law "On Licensing Certain Types of Activities";

4) Federal Law "On State Registration of Legal Entities and Individual Entrepreneurs";

5) Federal Law "On Limited Liability Companies";

6) Federal Law "On Joint Stock Companies".

4. Corporate norms are also contained in international treaties:

1) Convention "On Contracts for the International Sale of Goods" (Vienna, April 11, 1980);

2) Agreement on cooperation in the field of entrepreneurship support between the Ministry of the Russian Federation for Antimonopoly Policy and Entrepreneurship Support and the Federal Ministry of Economics and Labor of the Republic of Austria (Vienna, February 8, 2001);

3) Treaty of December 8, 1999 "On the Creation of the Union State".

5. By-laws:

1) Decree of the President of the Russian Federation of August 18, 1996 No. 1210 "On measures to protect the rights of shareholders and ensure the interests of the state as an owner and shareholder";

2) Decree of the Government of the Russian Federation of October 30, 1997 No. 1373 "On the reform of enterprises and other commercial organizations";

3) The Code of Corporate Conduct contained in the Order of the Federal Commission for the Securities Market dated April 4, 2002 No. 421/r "On the Recommendation for the Application of the Code of Corporate Conduct". It is only conditionally a source of law, since the norms contained in it are advisory in nature. However, in the text of the Code of Corporate Conduct there are customs of corporate law. At the same time, the very existence of such a document is very indicative; it in itself stimulates private initiative in the field of corporate law.

6. Judicial practice: acts issued by the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and the Constitutional Court of the Russian Federation.

7. One of the features of Russian corporate law is that, according to the Civil Code of the Russian Federation, regulatory agreements between subjects of corporate legal relations are recognized as sources of corporate law of the Russian Federation.

Author: Sazykin A.V.

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