Integration processes in corporate law of modern jurisprudence
This article contains an analysis of the legal nature of shareholders' agreements. The authors investigate whether the new provisions in the legislation provide for the possibility of concluding this type of corporate agreement. It is noted that, according to the Model Business Corporation Act, shareholders' agreements must be signed by all shareholders. It is either included in the articles of association of the corporation, or its contents are disclosed to the corporation. According to the Companies Act, among the constituent documents of the company are not only the charter, but also some decisions of shareholders and corporate agreements. The corporate agreement itself in closed companies may contain provisions that differ from the provisions of the charter, or a clause on the superiority of the contractual terms over the statutory ones, in this case it is concluded by all shareholders. A copy of the corporate agreement, which is accepted by all participants, is sent to the state registrar within fifteen days; liability for violation of this provision is envisaged. The conclusion of such an agreement is traditionally assumed between all shareholders, while it is a subsidiary constituent document. It is concluded that the task of the doctrine is primarily an attempt to determine not only the subject, but also the range of issues and provisions that can be included in the corporate agreement between the participants of the limited liability company.