PECULIARITIES OF FORCING THE DEBTOR’S SHARE IN THE AUTHORIZED FUND OF A LIMITED LIABILITY COMPANY

Abstract

This article highlights the classification of the organizational and legal form of a commercial legal entity in the form of a limited liability company, its differences and advantages from other organizational and legal forms of a legal entity, the concept of the authorized capital of the company, the role of the authorized capital in the activities of the company, the share in the authorized capital of the company, the concepts of the nominal, real and market value of the share and their distinctive features, entities entitled to apply to the courts in cases of debt collection to the debtor’s share in the statutory fund of the company, the procedure and stages of appeal, requirements for procedural documents, analysis of judicial practice on these issues, problems arising in the process of considering cases in courts and opinions on the application of legal norms, judicial acts adopted by the courts, explanations on their implementation and the consequences that may arise in case of non-compliance with mandatory requirements, experience of foreign countries in foreclosure on the share of the debtor in the authorized capital of the company and the legal framework governing this area, a comparative analysis of the legislation of foreign countries with the norms of national legislation, proposals for regulatory legal acts that determine the procedure for recourse to debt collection on the share of the debtor in the authorized capital of the company.