Publication date: 07.06.2024
lawyer, 23 years of experience in enforcement.
Since a share of the authorized capital of a limited or additional liability company is property, in accordance with the Law of Ukraine "On Enforcement Proceedings" (hereinafter - the Law on VP), it can be seized and forcibly transferred to the debt collector.
Separate from "corporate rights" are individual property rights.
Yes, in accordance with the first part of Art. 167 GKU corporate rights are the personal rights of a shareholder whose contribution is determined by the authorized capital (property) of an economic organization, in particular the right to participate in the management of the organization, to receive part of the profit (dividends) and property in the event of liquidation of the organization in accordance with the law, as well as other powers , delegated by law and constituent documents).
Corporate rights are derived from part of the authorized capital and cannot be transferred from one person to another without the transfer of rights to it.
If the interest is determined by the authorized capital, the beneficiary has the opportunity to charge a commission from it.
Part 1 of Art. 53-1 of the Law on LLCs, the specifics of the process of foreclosure on the share (unit) of a participant in an LLC and a participant in an LLC are determined by the Law on LLCs (hereinafter - the Law on Business Companies).
Stages of the process of foreclosure on the enterprise, according to Art. 22 of the Law on Limited Liability Corporations:
1. The executor, having drawn up an official document on how to collect funds from the participant or foreclose on the participant's share, which he, as a property manager, pledged as a pledge for the obligations of another person, must simultaneously notify the company of his intention to foreclose on the share the debtor to send a decision on the seizure of the share. Corporate (property) rights to a share in the authorized capital of the company may be transferred to the debtor as payment. This is not illegal according to the current legislation of Ukraine (legal opinion of the Supreme Court of Ukraine dated February 12, 2020 No. 912/2751/16);
2. The corporation is responsible for providing the executive body with notices and decisions, as well as information and access to financial reporting documents and other documents necessary for assessing the corporation's debt, within 30 days.
3. Within 15 days after the end of the specified 30-day period, the executor calculates the value of the debtor's share in the authorized capital in accordance with Clause 8 of Article 24 of the Law as of the previous day; it is the value of the share in the capital.
4. After considering the value of the share, the executor offers to purchase a share from other members of the company (except those who have waived their preferential rights in writing) in accordance with Art. 20 Provisions;
5. The buyer receives a share of the money market (the seller makes a decision);
6. The executor settles with the seller within 10 days from the moment of receipt of payment (without payment, the agreement is considered concluded);
If the company or another participant does not fulfill the conditions listed above or if the company participants do not use their right to purchase a share, the executor conducts an auction according to the standard procedure of Art. 61 of the Law on VP.
The legal service "Consultant" will select a lawyer or an attorney who will conduct a legal analysis of the situation, form an appropriate procedural document (application, statement of claim, petition, etc.), and also help in collecting the evidence base for the most effective resolution of the issue. Service specialists will accompany the process from the beginning to the execution of the court decision. They will also provide advice and help in solving such issues as: preparation of amicable settlement with the creditor, Protection from collections,
