The publication LEGAL & LAW of LIGA company: LAW No. 10 of March 14, 2019 published an article by Ekaterina Kruglyuk “Corporate Responsibility: Exclusion of a Member from the Company”

20.03.2019

In the article, the author talks about the main novelties of the Law of Ukraine "On Limited and Additional Liability Companies", in terms of changing the approach to the exclusion of a participant from a limited liability company. In particular, it is noted that exclusion of participants from the company can be compared with a special form of participant liability to the company for failure to perform or improper performance of its obligations stipulated by the legislation and constituent documents of the company or obstructing its actions towards achieving the aims of society.

Strict regulation of this procedure is aimed at avoiding abuse from unjustified exclusion of participants from the company. In order to avoid cases of contesting the fact of exclusion of a participant from the company, it is necessary to strictly adhere to the requirements established by law and the constituent documents of the company, as well as take into account judicial practice.