The Right To Withdraw From Economical Company
Keywords:
right to withdraw, economical company, the limitation of the right to withdraw, mandatory redemption of shares, sale of shares, the protection of the interests of minority shareholdersAbstract
The article analyzes the right of the participant to withdraw from the economical company. It is claimed that in the legislation of Ukraine there are two types of withdraw: free and limited, analyzing their characteristics. It is pointed out that the right to free withdraw of company may adversely affect its economic situation, it is therefore proposed a way to withdraw from the company through the sale of shares to other parties or third parties. The question of expanding the list of grounds provided by law needs to implement the right to limit withdraw. It was concluded that the issue of expanding the list of grounds under which shareholders can exercise their right of withdrawal, has to be decided by the founders of the company to the settlement in its charter. It is noted that in other countries there is only the limited right to withdraw from the business association by requiring member (shareholder) redemption of shares.
