Year of Graduation
Agreement to Transfer the Powers of Company's Single Executive Body to a Management Organization
In this research examines the legal nature, peculiarities of conclusion, fulfillment and termination of the Agreement to transfer the powers of company's single executive body to a management organization and responsibility of the parties under such agreement. The relevance of this study is determined by the significance of the contract construction as an effective tool for the management and control of business companies, the insufficient legislative regulation of contractual relations between the business entity and its management organization, the ambiguous legal nature of the studied Agreement, as well as the role of the Agreement as an instrument of differentiation of the several powers of the single Executive bodies of business companies or more individuals, between which separated the powers of the single Executive body of the economic company. According to the results of the research, the author concludes that the specificity of the legal status of the management organization is defined in its dual legal regulation: rights and responsibilities, as well as the order activities of the management organization established by the legislation and the company Charter and by the company and the management company agreement, which is the basis of origin between the company and the management company legal relations of obligation, and the condition for the occurrence between these parties in corporate relations. However, a number of conditions of activity of the managing organization as, for example, the amount purchased by a management organization of the authority or basis of liability of the managing organization for the damages caused by her actions/inaction of society, can be established by Agreement between specified persons to the extent possible other than it is made by the legislator.