Responsibility of the Sole Executive Body of the Corporation and Its Manager

Laptev, Vasily A.

doi:10.12737/jrp.2023.027

English

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Responsibility of the Sole Executive Body of the Corporation and Its Manager

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Responsibility of the Sole Executive Body of the Corporation and Its Manager

Annotation

PII

S1605-65900000622-5-1

DOI

10.12737/jrp.2023.027

Publication type

Article

Status

Published

Authors

Vasily A. Laptev Send message

ORCID: 0000-0002-6495-1599

Occupation: Chief Researcher, Department of Civil and Entrepreneurial Law; Professor at the Department of Entrepreneurial and Corporate Law
Affiliation:
Institute of State and Law, Russian Academy of Sciences
Kutafin Moscow State Law University
Address: Moscow, Russia

Edition

Volume 27 No. 3

Pages

31-42

Abstract

Determining the applicable rule of law is an important task for domestic law and legal practice, including the cases of bringing to justice persons who are part of the sole executive body of the corporation or to whom these powers (managing or managing organization) have been transferred.

This article examines the norms of corporate legislation on the responsibility of the persons in question when exercising their powers to manage the current activities of a corporate organization. Possible models of corporate organization management are delimited; specifics and trends of legislation development on the issues under consideration are identified. The consequences of the joint and separate implementation of the corporate powers of the sole executive body are revealed, which determine the number of formed bodies of the corporation. The sources of law governing the legal status of the corporation's body and its manager are disclosed. Particular attention is paid to the analysis of the agreement on the transfer of corporate powers to a manager.

There is an overview of judicial practice, which explains the procedure and grounds for bringing to justice the sole executive body and the manager of the corporate organization. Possible ways of legally evaluating the issues under consideration for corporate practice are proposed.

Keywords

corporation, corporation body, corporation management, executive body, corporate liability, corporation losses, executive body liability, manager liability

Date of publication

15.03.2023

Number of purchasers

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183

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GOST	Laptev V. Responsibility of the Sole Executive Body of the Corporation and Its Manager // Journal of Russian Law. – 2023. – V. 27. – No. 3 C. 31-42 . DOI: 10.12737/jrp.2023.027
MLA	Laptev, Vasily A "Responsibility of the Sole Executive Body of the Corporation and Its Manager." Journal of Russian Law. 27.3 (2023).:31-42. DOI: 10.12737/jrp.2023.027
APA	Laptev V. (2023). Responsibility of the Sole Executive Body of the Corporation and Its Manager. Journal of Russian Law. vol. 27, no. 3, pp.31-42 DOI: 10.12737/jrp.2023.027


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References

Additional sources and materials

1. Andreev V. K. Modern understanding of the legal entity. Zakony Rossii: opyt, analiz, praktika, 2015, no. 6, pp. 12—18. (In Russ.)

2. Belousova I. E. Legal regulation of the mechanism of transfer of powers of the sole executive body of a legal entity of a management organization. Cand. diss. thesis. Moscow, 2013. 216 p. (In Russ.)

3. Gambarov Yu. S. Civil Law Course. Vol. I. Part general. St. Petersburg, 1911. (In Russ.)

4. Grigorev K. M., Khavayashkhov A. A. Fiduciary duties in Russian and English law. Aktsionernoe obshchestvo: voprosy korporativnogo upravleniya, 2015, no. 1(128). (In Russ.)

5. Laptev V. A. Corporate contract in the system of sources of corporate relations regulation. Predprinimatel'skoe pravo, 2016, no. 1, pp. 23—31. (In Russ.)

6. Laptev V. A. Corporate Law: Legal Organization of Corporate Systems. Moscow, 2019. 384 p. (In Russ.)

7. Lebedev A. V. Contract between joint stock company and operating company. Journal of Russian Law, 2008, no. 10, pp. 75–79. (In Russ.)

8. Lomakin D. V. (ed.). Twenty-five years of Russian joint-stock law: problems, tasks, development prospects. Moscow, 2021. 414 p. (In Russ.)

9. Lomakin D. V. Corporate legal relations: general theory and practice of its application in business companies. Moscow, 2008. 511 p. (In Russ.)

10. Lomakin D. V. Russian corporate law in persons: Stanislav Dmitrievich Mogilevsky. Grazhdanskoe pravo, 2022, no. 3, pp. 21—25. (In Russ.)

11. Mogilevskiy S. D. Management organization of the economic society: issues of theory and practice. Grazhdanin i pravo, 2003, no. 4, pp. 94—105. (In Russ.)

12. Oleynik O. M. Agreement on the transfer of powers of the company's executive body: problems of qualification and application. Zakon, 2015, no. 12, pp. 150—158. (In Russ.)

13. Shikin S. A. Fiduciary duties of directors. Grazhdanskoe pravo, 2018, no. 4, pp. 44—46. (In Russ.)

14. Shitkina I. S. (ed.). Scientific and practical commentary on the Federal Law “On Limited Liability Companies”. Vol. 2. Moscow, 2021. 486 p. (In Russ.)

15. Shitkina I. S. Multiple Sole Executive Body: Legal and Practice Issues. Zakon, 2021, no. 9, pp. 117—130. (In Russ.)

16. Stepanov D. I. Company managed by a business company. Khozyaystvo i pravo, 2000, no. 10, pp. 68—69. (In Russ.)

17. Sukhanov E. A. (ed.). Russian civil law. Vol. 2: Liability law. Moscow, 2011. 1208 p. (In Russ.)

18. Tychinskaya E. V. Agreement on the implementation of the functions of the sole executive body of an economic company. Moscow, 2012. 175 p. (In Russ.)

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