Some aspects of shares accounting legal regulation for limited liability company members

Abstract

The article deals with the provisions regarding the accounting of company shares in the shares accounting system of limited liability companies as well as of companies with additional liability. This legal institute is brand new in the law system of Ukraine. The purpose of this legal institute is to introduce European standards for corporate governance in limited liability companies (as in companies with additional liability also) as well as to provide additional protection guarantees for rights and legitimate interests of corporate rights owners in companies.
 The provisions of the legislation regarding the accounting of company shares in the accounting system of limited liability companies shares have an alternative nature, however, the final decision remains with the participants of a certain limited liability company, since the implemented system of accounting for limited liability company shares is similar to the current system of depository accounting of securities, but it will be applied in a voluntary manner by the unanimous decision of the certain company members, if the expediency of such accounting shares and compliance with the rights of participants in corporate legal relations in the context of limited liability companies activities will be proved for the members of the company.
 As of today, the question remains unanswered as to which version of accounting for shares will be preferred by certain limited liability company participants, taking into account the lack of practice need for applying relevant legal norms, in particular, the practice of applying norms by the Supreme Court and other courts, which should be formed after 01.01.2024.
 The Central Securities Depository protection of corporate rights against illegal acquisition by third parties (raiding) is determined by the advantages of shares accounting for limited liability company participants. The ability to clearly determine the moment of acquisition of limited liability company participant share rights as well as to control over the commission of other transactions, the subject of which is the share of limited liability company member is determined by the advantages of shares accounting for limited liability company participants also. The possibility of using the electronic resources of the Central Securities Depository in the part of implementing corporate management of a limited liability company or a company with additional liability is determined by the advantages of shares accounting for limited liability company participants also.