Civil liability of shareholders in the light of the Civil Code reform

Authors
  • Alekseenko A.P.

    Vladivostok State University of Economics and Service
    Vladivostok. Russia

Abstract

In September 2014 Civil Code of Russian Federation was amended. Changes were applied to the civil liability of shareholders to legal entities. One of the novel of the Civil Code is the paragraph 53.1, which established liability of shareholders for damages they have done to a joint stock company. In the article are analyzed and compared other types of shareholders liability: subsidiary liability of the controlling persons responsible in the case recognition the company as a bankrupt; joint liability of shareholders in a case of non-payment of their shares; subsidiary liability of shareholders responsible for obligations of a JSC in the case of recognition the company as a bankrupt; civil liability of the parent company for the obligations (losses) of subsidiary.

Keywords: joint stock company, shareholders, economic court, bankruptcy, subsidiary company, control person, novel of the civil law, liability of shareholders, joint liability, subsidiary liability, losses.