The concept of corporate agreement and its features

Abstract

The purpose of the article is to study the concept of corporate agreement, its features to determine ways to improve Ukrainian legislation in order to improve the implementation of the mechanism of protection of the rights and interests of members of the company in practice.

This article is devoted to the study of the concept of corporate agreement and its features. The concept of corporate agreement is borrowed from Ukrainian Anglo-Saxon law where the agreement is called «shareholders agreement», and before enshrined in Ukrainian law this concept was used mostly in cases of foreign participation in the creation and / or investment in the company, defining the applicable law. to the treaty, mainly – the law of England, or the law of a foreign country, or other.

The corporate agreement remains one of the most discussed topics in Ukrainian corporate law, despite the existence of this institution in the domestic legal system for several years. Scientific approaches to the definition of «corporate agreement» and the consolidation of this type of agreement in current legislation are analyzed. A corporate agreement should be understood as an agreement under which the members of the company undertake to exercise their rights and powers in a certain way or refrain from their implementation, but it is proven that there is no single approach to defining and interpreting a corporate agreement among scholars or law. other countries that have been successfully applying the institution of a corporate agreement for a long time, Ukraine has a solid basis for taking into account errors and shortcomings in its application. The article also highlights the features of the corporate agreement, namely: deeper and more flexible regulation, because the corporate agreement allows you to fully take into account all the nuances of company management; confidentiality; guarantees of judicial protection, because if a dispute arises between the participants, the court will take into account the provisions set out in the corporate agreement; liability guarantees; accessibility, protection of interests of participants.