M.N. Zharikova
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Shareholders agreement: legal characteristic of form and methods of conclusionMoscow University Bulletin. Series 11. Law. 2021. 2. p.110-121read more341
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The article is devoted to legal regulation problems of shareholders agreements’ concluding. In order to resolve these problems the author refers to the legal qualification of a shareholders agreement and conclude that a shareholders agreement is a civil contract. On this basis, the author determines the rules to be applied to such agreements. Possible ways to conclude a corporate agreement are considered on the basis of the general theory of concluding agreements. Special attention is paid to the application of the rules on acceptance and offer to concluding a shareholders agreement. Inapplicable ways of shareholders agreement concluding are highlighted due to the absence of a single document signed by the parties as the result of concluding process. In addition, the author examines in detail the requirements for the form of a shareholders agreement, and also reveals possible cases in which notarization of mixed agreements is required.
Keywords: shareholders agreement; conclusion of the contract; form of the contract; ways of contract’s concluding; offer; acceptance
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