Joint Stock Companies
, Posted in: News, Author: AWHadmin (November 15, 2013)
Also, at the conclusion of individuals of the shareholder agreement that contains terms that the parties of the shareholder agreement could lose their rights to shares that they own, it should be obtain the consent of the spouse (wife) to commit the transaction in the manner prescribed by family legislation of the Russian Federation. Otherwise, the risk of challenging the transaction in court by a spouse (wife). Thus, in accordance with Part 1 of Article 34 of the Family Code property acquired by spouses during marriage is their joint property. And, according to Part 2 of the Article of the Family Code – to property acquired by the spouses during the marriage (common property of spouses), among others, include securities, shares, deposits, shares in the capital, made to the credit agencies or other business organizations, and any other acquired by spouses during marriage property regardless of the name of the spouse who acquired it either in the name of whom or which of the spouses made money. And the basic, and therefore the transaction can be challenged by the alienation of shares of stock Agreement is required by law, as enshrined in Part 1 of Article 35 of the Family Code, under which the possession, use and disposal of community property made by mutual consent of spouses. The deal, advanced by one spouse on the orders of community property may be declared invalid by a court on the grounds of lack of consent of the other spouse. However, on this issue in the article of the Federal Law "On Joint Stock Companies ", which regulates stock agreement, do not even mention 8.
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