Несовершеннолетние участники корпораций

Abstract

Children, in accordance with the provisions of Article 60 of the Family Code of the Russian Federation, may have property on the right of ownership, as well as have other rights, in the implementation of which they are assisted by their parents as legal representatives. The child may also be the owner of corporate rights. Traditionally, the right to a share (shares) and rights from a share (shares) are distinguished, and if the issue is clarified with the former, then the latter are practically not covered by Russian legislation in relation to underage participants in Goal corporations. Purpose. The purpose of the study is to identify the features of the implementation of the corporate rights of the child arising from the share (shares). Methodology. In the course of the study, methods of generalization, description, analysis, synthesis, formal legal method were used. Results. It is concluded that the provisions on representation are ignored in terms of compliance of the transaction with the interests of the represented person, as well as the provisions of paragraph 2 of Article 64 of the Family Code of the Russian Federation on the consequences of the existence of a conflict of interests of parents and children, but in the latter case, the intervention of the guardianship and guardianship authority, which is declarative. Corporate legislation does not contain special mechanisms for controlling the exercise of corporate rights in the interests of a minor participant. The use of conventional means of control (consent of the guardianship authority) is clearly inappropriate and may block the activities of the corporation.