Dead souls" as part of a corporate legal entity

Abstract

The publication reveals the consequences of the loss of legal capacity by a corporation participant: in the event of the death of a member of a business company, the liquidation of a participant-a legal entity or its exclusion from the Unified State Register as invalid. It is concluded that the failure in the implementation of corporate rights and obligations is caused not by the loss of legal capacity by a corporation participant, but by uncertainty about the identity of the owner of corporate rights. The problem of the legal fate of shares or shares in an LLC owned by participants who have lost contact with the business company is resolved. It is concluded that it is impossible to qualify shares or participation interests in LLC as ownerless property. We believe that by analogy of the law, Articles 72 and 75 of the JSC Law cannot be applied to recognize the right of a joint-stock company to shares owned by participants who have lost contact with the corporation. The possibility of recognizing the rights of a business company to its shares or participation shares belonging to «lost» participants on the basis of paragraph.