Inheritance of a Share in a Limited Liability Company under Ukrainian Law
Abstract
The research focuses on one of the consequences of the death of the participant of a limited liability company under Ukrainian law: the emergence of a right to inherit his or her assets in the company. It analyses one of the most controversial issues of Ukrainian succession law: what types of assets the heirs inherit: the share in the authorized capital of the company or also the right to participate in it. As long as, on June 17, 2018, the Law of Ukraine ‘On Limited Liability and Additional Liability Companies’ has come into force, the research compares the approaches of previous legislation and the new Law. It has been concluded that the new Law makes the rule, under which the share in the authorized capital transfers to the heirs of the deceased participant, mandatory. It provides the automatic transfer of the right to participate in the company to the heirs. The new Law protects the interests of the heirs and does not take into account the interests of the other participants.
References
[2] High Economic Court of Ukraine (22 November 2016) Case No 911/1262/16, Available at: http://reyestr.court.gov.ua/Review/62950747.
[3] High Economic Court of Ukraine (27 March 2013) Case No 5010/674/2012-K-25/15, Available at: http://reyestr.court.gov.ua/Review/30330379.
[4] Kucheruk, N. 2015. Go in Acquisition.Protokol - Yurydychnyi Internet-Resurs. Available at: http://protokol.com.ua/ua/piti_u_nabuttya.
[5] Kukhariev, O.Ie. 2013. Succession Law of Ukraine, Alerta.
[6] Melnykova, L. 2017. It Is Appropriate to Specify the Procedure of Inheritance of a Share in the LLC in its Articles of Association. Zakoni Biznes 1324, no. 26. Available at: http://zib.com.ua/ua/129335-proceduru_spadkuvannya_chastki_v_tov_docilno_zazdalegid_vizn.html.
[7] State Statistic Service of Ukraine. The Number of Legal Entities in Terms of Organizational Forms as of March 1, 2018. Available at: http://www.ukrstat.gov.ua/edrpoy/ukr/EDRPU_2018/ks_opfg/ks_opfg_0318.htm.
[8] The Civil Code of Ukraine of 16 January, 2003 No. 435-IV (with amendments as of June 10, 2018). Available at:http://zakon0.rada.gov.ua/laws/show/435-15/page.
[9] The Decision of Plenum of the High Economic Court of Ukraine ‘On Some Issues of Settlement of disputes, arising out of Corporate Relations’ of 25 February, 2016 No.4. Available at: http://zakon5.rada.gov.ua/laws/show/v0004600-16.
[10] The Decision of Plenum of the Supreme Court of Ukraine ‘On Court Practice On Inheritance Cases’of 30 May, 2008 No.7, Available at: http://zakon3.rada.gov.ua/laws/show/v0007700-08.
[11] The Decision of Plenum of the Supreme Court of Ukraine ‘On Practice of Settlement of Corporate Disputes by the Courts’ of 24 October, 2008 No.13. Available at: http://zakon3.rada.gov.ua/laws/show/v0013700-08.
[12] Zakon Ukrainy Pro Hospodarski Tovarystva of September 9, 1991 No. 1576-XII. Available at: http://zakon5.rada.gov.ua/laws/show/1576-12/page.
[13] ZakonUkrainy Pro Tovarysta z Obmezhenoiu ta DodatkovoiuVidpovidalnistiu of February 6, 2018 No. 2275-VIII. Available at: http://zakon5.rada.gov.ua/laws/show/2275-19/page.
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