Abstract

The study analyzes the peculiarities of realization and protection of the shareholder's right to mandatory redemption of shares by a stock company in Ukraine. The grounds and the procedure for exercising this right, and the specifics of its protection in case of violation, are provided. It is argued that an appeal to the company with a demand for mandatory redemption of shares by it and refusal to fulfil this obligation by the company is the basis for the shareholder to appeal the decision of the general meeting which became the ground for such right to court. At the same time, if the decision on the same issues violates corporate rights or interests of the shareholder, then the right to sue to court for its appeal is unconditional and does not require a prior appeal to the company with a demand for mandatory redemption of shares. Today, such approach is not fixed in the legislation of Ukraine. Moreover, the procedure for protecting the shareholder's corporate rights by appealing the decision of the general meeting is too complicated. Therefore, in this study there are proposed relevant amendments to the Law of Ukraine "On Stock Companies."

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