ПРАВОВЕ РЕГУЛЮВАННЯ СКЛИКАННЯ ТА ПРОВЕДЕННЯ ДИСТАНЦІЙНИХ ЗАГАЛЬНИХ ЗБОРІВ АКЦІОНЕРНОГО ТОВАРИСТВА

Abstract

The article is devoted to the issue of legal regulation of the convening and holding of the general meeting of the joint-stock company in a remote manner (hereinafter referred to as - GMJSC). Corporate enterprises are interested in holding a remote GMJSC. A remote GMJSC, on the one hand, would not require the physical presence of participants (their representatives), and on the other - would guarantee the compliance of their interests and corporate rights during the meeting. The personal appearance of the participants has been established as the imperative method of conducting GMJSC. Absentee voting (polls) has limited application and therefore is not an alternative to the face-toface manner. The remote form of GMJSC introduced at the time of the pandemic provides a complicated and lengthy process. The main advantage of it is the depository system control over GMJSC. The restrictions imposed by the national regulator and the lack of convenience for shareholders deprive the company of the opportunity to use the remote method of conducting the CJSC. The experience of countries belonging to different legal systems has been compared. The advantages and disadvantages of «virtual (electronic)» or «hybrid» methods of remote meeting have been investigated. The bill, which proposes to enshrine in national legislation the concepts of «electronic general meeting» and «electronic voting» has been analyzed. It has been substantiated the need for further development of the normative procedure for remotely conducting GMJSC (on-line), both in emergencies and permanently of the company's decision.