Salikov D.A. The Shareholder’s Right to Information: Novellaes
DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.15
Daniil A. Salikov, Master Student, Department of Civil and International Private Law, Volgograd State University, Base Department of the Southern Scientific Center of Russian Academy of Sciences, Prosp. Universitetsky, 100, 400062 Volgograd, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.
https://orcid.org/0000-0002-4345-9909
Introduction: the article examines the changes in the order and grounds for providing the shareholders with access to information on the economic activities of the company. The possession of the information contained in the company’s documents is the basis for making a decision on the agenda of the general meeting of the shareholders. The purpose of the study is to determine the positive and negative consequences of the changes in the rules of law governing the procedure, conditions and grounds for access to the information about the activities of the company. Methods: the methodological framework for the study is the systematic, comparative law methods and the method of analysis of the current and previous legislation, as well as the method of legal forecasting of the impact of changes on the structure and content of the legal relations between the shareholder and the joint stock company. Results: it is proved that the introduction of the categories of “business purpose” and its “reasonableness”, as well as the grounds for refusal to provide the information with an unreasonable request of the shareholder, complicates the procedure of acquaintance with the information, which allows us to effectively combat the abuse of rights, at the same time, there is an additional obligation of the shareholders – to prove their integrity. Conclusions: the procedure and conditions for providing access to information should continue to be adjusted systematically, based on the general principles of the civil legislation and special rules of the sectoral legislation. It is recommended that the shareholders- minority shareholders widely apply the shareholder’s agreements, including the provisions for the exchange of information, coordination of voting, support and cooperation.
Key words: share, joint stock company, shareholder, minority shareholder, law, information, business purpose, reasonableness.
Citation. Salikov D.A. The Shareholder’s Right to Information: Novellaes. Legal Concept, 2018, vol. 17, no. 4, pp. 108-112. DOI: https://doi.org/10.15688/lc.jvolsu.2018.4.15
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