LEGAL REGULATION OF NOTARIAL PROTECTION OF INDIVIDUALS’ CORPORATE RIGHTS

Abstract

After the proclamation of independence and the declaration of the market vector of development in our country, the practice of creating business entities with the status of legal entities has become widespread. Immediately many problems have appeared associated with the violation of property and non-property rights of the founders (participants) of such legal entities and other stakeholders, in particular, creditors, heirs and more. Corporate rights can belong to both individuals and legal entities and other participants in civil relations (for example, the state). The scientific article has substantiated the importance of the place of notarial protection of corporate rights in the legal mechanism of ensuring the interests of participants of legal entities. Notarial protection of corporate rights of individuals may be carried out both when a notary performs notarial acts and when a notary performs the functions of a state registrar. Certain problems in the legal regulation of such protection are emphasized. In particular, there is a difference in the legal regulation of corporate interests’ protection in the establishment of joint stock companies with the participation of individuals by the Civil Code of Ukraine and the Law of Ukraine «On Joint Stock Companies». In addition, the approach to the protection of the participants’ rights of private enterprises and limited liability companies is different. In this regard, it is considered appropriate to make a number of changes to the current legislation of Ukraine to expand the scope of mandatory notarial forms of contracts, as well as certification of signatures on documents related to the activities of corporate legal entities. The necessity of legislative consolidation of the requirement for notarization of the decisions on creation, acts of acceptance-transfer of the shares in the authorized capital of legal entities of private law of any organizational and legal forms is substantiated.