Conflict of Interest between Subjects of Corporate Legal Relations in Shares Transactions

Abstract

Considering transactions in the authorized capital of a joint-stock company, it is necessary to differentiate them according to the degree of influence on the corporate legal status of the participant. We believe that transactions that give rise to a conflict of interest at its highest stage have a complex structure and are associated with the acquisition of corporate control. The presence of a large number of initially and subsequently interested parties in the process of transactions with shares, especially those affecting control in society, is in itself characterized by a certain universality, which, in turn, predetermines the need to consider the issue raised in a comprehensive and multifaceted way. The category of conflict of interest in the plane of joint-stock relations traditionally manifests itself in disagreements between majority and minority participants, which take various legal forms. Equity transactions, whatever forms they may take, certainly fulfill the most important task of optimizing and regulating the modern economic system. The paper defines legal approaches to conflicts of interest between subjects of corporate legal relations when conducting transactions with shares, identifies the most essential and urgent problems, and suggests ways to solve them.