| Abstract [eng] |
Restriction of Non-Property Rights of Shareholders: Contractual Measures and Court DecisionsThe master thesis analyses the restrictions of some non-property rights of shareholders and the impact of such restrictions on the use of specific methods of protection of the non-property rights of the shareholder. Relevant interpretations of the Lithuanian case law, the factual circumstances of the cases and some conditions provided in the shareholders‘ agreements, which are relevant in the context of the subject matter, are being used to perform this analysis. Much attention is paid to the restriction of the shareholder‘s right to participate and vote and the general shareholders‘ meeting which is being revealed through improper informing the shareholder about the forthcoming meeting and the restrictions applied by the courts to the implementation of such right of the shareholder. The study presents the problems of the new regulation of shareholder‘s right to information, hypothesizes the possible consequences of the respective regulation and emphasizes the importance of the shareholder‘s right to ask questions to the company for the full implementation of shareholder‘s interests. This paper also extensively analyses the restrictions of judicial remedies of the shareholder’s rights, such as restrictions of the right to contest the company’s transactions and restrictions of the right to apply for the annulment of the decisions that are being made of the company’s bodies; reveals the discrimination of the implementation of such rights in relation to the minority of the shareholders. This paper also criticises the legal regulation of the shareholder’s right to initiate an investigation of a legal entity and presents the challenges that shareholders typically face in order to take advantage of this legal protection method. During this research, the regulation of the shareholder’s right to supplement the agenda of the general shareholders’ meeting is also being analysed and the proposals for its modification are being presented. The third part of the work focuses on the contractual restrictions of the shareholder’s non-property rights, distinguishing some of the shareholders’ voting agreements that are being regulated by the Lithuanian legislation and analysing the specific conditions provided in the agreements that are being concluded among the shareholders. |
