RECOGNIZING THE TRANSACTION AS INVALID AS A WAY TO PROTECT THE VIOLATED PREEMPTIVE RIGHT

Abstract

The pre-emptive right of purchase, enshrined in the current corporate legislation, as a guarantee of ensuring property rights and managerial control over the company, loses its former positions, yielding to the schemes of bypassing the preemptive right of purchasing a stake in the authorized capital of LLCs worked out by corporate practice. Particular attention is paid to the contract of donation, barter, gift with the subsequent purchase and sale of a stake in the authorized capital of LLC; alienation of a share by entering into the authorized capital of another company; the exclusion of a LLC member from the company; manipulation with the share price; as schemes of circumvention of the preemptive right of purchase.