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SHAREHOLDERS RIGHTS AND REMEDIES (COMPARATIVE LAW PERSPECTIVE)

Yuliya Lapina, Alexander N. Kostyuk, Udo Braendle, Yaroslav Mozghovyi

DOI: 10.22495/cbv12i3art1

Abstract

The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fixed in the legislation; enhancing the role of the National Securities and Stock Market Commission; introduction of the derivative suit system.

Keywords: Shareholders, Shareholders Rights Protection, Corporate Law, Ukraine, Germany

How to cite this paper: Lapina, Yu., Kostyuk, A. N., Braendle, U., & Mozghovyi, Ya. (2016). Shareholders rights and remedies (comparative law perspective). Corporate Board: role, duties and composition, 12(3), 6-13. doi:10.22495/cbv12i3art1


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