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Actual problems of Russian law
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Tatarintseva Kristina Nikolaevna Limitations of the rights of stock market participants within the process of stock issue: legislation and judicial practice

Abstract: The article is devoted to the problems related to the limitations of the rights of issuers within the stock issue process, taking into consideration the newest amendments into the legislation on the stock market. The author analyzes the judicial practice on some issues regarding application of legislation on the stock market issues by the territorial organs of the Federal Service on Financial Markets at the stage of the state registration of the reports on additional stock issue. The author shows the gaps in the legal regulation of some aspects regarding approval of deals, in which the party has an interest, the process of placement of securities, state registration of reports on the additional stock issue, when none of these were placed, enlargement of the capital stock of the joint stock companies with the participation of the public law institutions. The author provides ideas for the improvement of the existing legislation on securities in order to lessen the above-mentioned limitations for each of the categories regarded in this article.


Keywords:

jurisprudence, shares, limitations, rights, stock issue, placement, reporting, deals, interest, affiliation.


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