ЗАРУБІЖНИЙ ДОСВІД РОЗВИТКУ ГОСПОДАРСЬКИХ ТОВАРИСТВ І ЙОГО ЗАСТОСУВАННЯ В УКРАЇНІ

Abstract

In Europe, the boundary between a joint stock company and a limited liability company is clearly drawn.

A limited liability company is not only a pooling of capital, but also a pooling of a small number of people who know each other well and are jointly and severally liable for the results of their business activities.

Joint-stock companies are companies that accumulate a large amount of funds both individuals and legal entities.

Participation in a joint stock company of such a number of persons requires more detailed legal regulation, unlike limited liability companies.

The European countries have accumulated sufficient experience in the development of joint-stock business, in the organization and activity of limited liability companies that could be used in Ukraine. Such countries can be roughly divided into two groups.

The first group is France and Germany, where the relevant legislation has been in place for a long time, it is detailed and quite stable.

The second group is the Czech Republic, Hungary, and Bulgaria, which have recently been part of the socialist system and are now quite successfully transitioning to a market economy and have some success in the development and establishment of business law.

The first group of countries may be interested in stable, detailed legislation that covers and characterizes the organizational and legal forms of entrepreneurship. The experience of these countries is also the result of many mistakes, especially at the beginning of the practice of corporatization.

The legislation of the second group of countries may be useful in that it reflects not so much what is, but what must be developed or under development.

Shareholder and Limited Liability Companies in these countries act in different legislative forms:

• sections in trade codes;
• sections in the consolidated law on trading companies;
• in the form of a separate law on joint stock companies and a law on limited liability companies.

Historically, there are no relevant sections in the trade codes of France and Germany. Shareholder rights have long since been separated from them, and the regulation of limited liability companies was enshrined in legislation later than other types of trading companies and was not included in the codes in due time.