The Place of a Legal Institute of Shareholders’ Agreement in Russian and Foreign Law Theory

Abstract

The article investigates legal nature and place of a legal institute of shareholders’ agreement in Russian and foreign law theory. Based on definitions and legislative approach in Germany, France, the Great Britain, the USA and Switzerland the author concludes that there is no universal controlling instrument of legal regulation of the institute of shareholders’ agreements in the mentioned countries. It makes a point of reception of Anglo-American legal family regulation instruments of corporate agreement and in particular those regarding shareholders’ agreement. It analyzes a special place of this legal institute in the legal regulation system of treaty and corporate relations. The focus is on the public element of legal nature of a shareholders’ agreement.

Keywords

• shareholders’ agreement
• corporate governance
• joint-stock company
• corporate agreement
• legal institute