State registration in the dynamics of corporate relations in a limited liability company

Abstract

The article is devoted to the study of the legal significance and place of state registration in the dynamics of corporate relations in a limited liability company. The author examines the impact of state registration on the moment of the emergence of property rights to a share in a limited liability company and the right of participation in such a company.
The article analyzes various approaches to the significance of state registration in determining the moment of emergence and termination of the right of participation in a limited liability company through the prism of national legislative regulation of corporate legal relations, judicial practice and doctrine.
The author cites the disadvantages and advantages of the approaches selected by him regarding the significance of state registration of changes to information on the composition of participants in a limited liability company.
The article substantiates the fairness of the approach to the significance of state registration, which is embodied in the modern legislation of Ukraine: the emergence of the right of participation is associated with the moment of the emergence of the ownership right to a share in a limited liability company, which, in turn, is not conditioned by the state registration of changes to information about the participants of the company. Instead, the information of the unified state register of legal entities, individual entrepreneurs and public formations performs the function of announcing the existing rights of a person to a share to an unlimited number of persons, which is important both for third parties and for the company in the context of determining the good faith of their behavior, which entails relevant legal consequences. However, the specified information does not have absolute and exclusive evidentiary force regarding the rights of the person under whom the share is registered.