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Legal Regulation of the Succession of Shares in a Foreign Company

Student: Gazina Liliia

Supervisor: Olga Novikova

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Final Grade: 10

Year of Graduation: 2017

L.N. Gazina Legal Regulation of the Succession of Shares in a Foreign Company This master dissertation is aimed at a comprehensive examining of the special aspects of legal regulation of the shares in a company in the context of cross-border succession. The master's thesis consists of an introduction, three chapters, six paragraphs, a conclusion and a bibliography. Chapter I deals with general provisions of succession law and ways of transferring the company's shares in countries of common law and civil law. Chapter II contains analysis of the legal regulation of the inheritance of company shares in the context of corporate law, using the example of legislation in several jurisdictions. Chapter III is devoted to the inheritance of company's shares in cross-border succession law. Based on the analysis, the following conclusions are formulated: firstly, in case of transfer company's shares the principles of corporate law and succession law should be analyzed with respect to the applicable law with special attention to the potential requirements for compulsory portion. Secondly, the company's articles of association often sets out rules for the inheritance of company's shares the heir either becomes a member of the company, or receives the right to compensation. Thirdly, discrepancies in the regulation of transfer of a foreign company's shares are resolved in accordance with the provisions of the relevant corporate law at company's residence. Fourthly, in the case of a cross-border succession of the company's shares, the following problems arise: qualification of property, validity of the will, determination of the last residence of the testator. Academic Supervisor: Olga Vladimirovna Novikova, Ph.D. (University of Essex), Lecturer of the Department of Public and Private International Law, Faculty of Law, National Research University “The Higher School of Economics”

Full text (added May 15, 2017)

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