Members’ Rights Guarantees in Case of Increase of Charter Capital in Public and Private Companies

Master's thesis examines the guarantees and ways to protect the rights of participants when increasing the authorized capital in public and non-public companies. The author defines ways of increasing the authorized capital, reveals the forms of unfair behavior of participants in business entities, reveals ways to protect the rights of participants in public and non-public companies while increasing the authorized capital; revealed legal problems arising from the application of civil law ways to protect the rights of participants in the increase of the authorized capital and proposed recommendations for the elimination of identified problems. The investigated ways of protecting the rights of participants are classified by us into two groups: the methods of protection implemented before the infringement of the rights of participants (exante), and the methods of protection aimed at the protection and restoration of rights after their violation (expost). When examining ways to protect rights, the author concluded that the most effective and less cost-effective are preventive measures, but among them it is impossible to single out a measure that would fully guarantee and protect the rights of participants in public and non-public societies; the author's opinion, it would be expedient to apply all protection measures in aggregate to more fully implement the guarantees of the rights of the participants in the society.