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Student
Title
Supervisor
Faculty
Educational Programme
Final Grade
Year of Graduation
Bogdan Lavrichenko
The Legal Problems of Expelling Members from Non-Public Companies
Corporate Lawyer
(Master’s programme)
2018
This master's thesis is devoted to the study of the legal problems associated with the legal institute of expelling shareholders from non-public companies.

The thesis’ objection is to form a single systematic approach to the application of the legal institute of expulsion shareholders for both a limited liability company and a non-public joint-stock company. Analyzing the problems arising both in law enforcement practice and at the level of scientific views regarding the institution of expulsion, author reveals the institution consistently in each non-public company, determining the legal nature of the institution of expulsion, the limits of the autonomy of the will of the shareholders in the possibility of dispositive regulation of the order of expulsion. It can be concluded that institute of expulsion has a single legal nature and a single approach to application.

The thesis assesses all of the practical issues related to the payment to the excluded party of the actual value of the share, the possibility of establishing additional grounds for expulsion, including the grounds for expulsion ad nutum. The institute of expulsion has been studied in detail in four of the most advanced legal orders: Spain, the United States, England, Germany. The thesis also includes the practice of foreign courts (mainly the practice of certain US states), some proposals on the possibility of reviewing certain provisions of foreign legislation in the Russian legal system, according to the author, that can significantly strengthen the Russian model of expulsion and fully respect the interests of both the non-public company and its shareholders, as well as the excluded shareholder.

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