RIGHTS AND OBLIGATIONS OF THE PARTICI PANTS OF THE BUSINESS COMPANY: ON THE QUESTION OF CONTENT AND LEGAL NATURE

Abstract

In the scientific article, the author conducted a scientific study of doctrinal sources devoted to the issue of the content and legal nature of the rights and obligations of members of a business partnership. On the basis of the conducted research, the author came to the conclusion that all members of business associations have equal rights, duties and responsibilities arising from the fact of their participation in the activities of business associations and have peculiarities depending on the type and status of the member. Depending on which corporate law is the subject of consideration, corporate rights have a property-legal, binding and proper corporate nature. Depending on the legal nature, the corporate rights of the members of the business partnership are divided into property and non-property (organizational, management), as well as overriding rights. The first category includes the right to participate in the distribution of the company’s profit and receive a part of it (dividends), the right to receive a certain part of the company’s assets in the event of liquidation of the latter, the value of property upon exit from the company, or the right to alienate one’s share; to the second – the right to participate in the management of the company, as well as the rights arising from the right to participate in the management of the company. All members of the company have corporate rights, regardless of the amount of property or labor participation in the business company. Although the amount of property participation may be important for determining the amount of property benefits that are received when a member of the company realizes his property right, it does not affect the very potential existence of such a right. Only shareholders – owners of preferred shares and contributors to limited partnerships have restrictions on the disposal of the right to participate in the management of a corporate entity. In addition to the legally defined rights and obligations of a general and special nature, members of business associations may also have local rights and obligations, that is, those established by the founding and other local documents of the association.