Validity and Enforcement of Certain Provisions of Shareholders Agreements in Bankruptcy

This research is devoted to the problems of the legal Institute of shareholders' agreement related to the bankruptcy of business companies. The paper investigates the effect of certain provisions of the shareholders' agreement at various stages of bankruptcy. The article mainly examines the provisions on the procedure of formation of corporate governance bodies - as one of the most important for the parties to the agreement, as well as the most heavily affected by bankruptcy restrictions. The objectives of the study of such conditions is to identify the dynamics of the balance of interests of the parties to the agreements with the beginning of bankruptcy and the transition to different stages, as well as to determine the impact of such provisions on the possibility of procedural protection of shareholders' interests in the bankruptcy case. In addition, we analyze the special consequences that may arise in bankruptcy for the parties to the agreement with the subject matter in the form of determining the voting procedure. Namely - obtaining the status of person controlling debtor by the parties to such agreements. Including for agreements on determining the voting procedure of participants at the General meeting with third parties.