| Abstract [eng] |
SUMMARY (anglų kalba) CONTRACTUAL RIGHT PROTECTION REMEDIES OF SHAREHOLDERS AND THEIR ENFORCEMENT The rights of shareholders are enshrined in accordance with the procedure established by legal acts, therefore no additional regulation of their relations is provided. However, it is particularly important for shareholders to agree on the company’s activity and development plan at the company’s establishment stage, to harmonise their specific rights and obligations between them, so they formalise all these aspects by signing a shareholders’ agreement, on the basis of which, it is possible to defend one‘s rights in the event of a dispute directly in accordance with the provisions of the concluded agreement. The content of shareholders' agreements, the aims and significance of their conclusion, as well as the relations between shareholders, their relations with the company, protection of their rights and scope are analysed in this thesis. Attention is drawn to the fact that a lot depends on a properly concluded and formalised agreement, which contains clear provisions, discusses the essential issues, includes the necessary clauses in the agreement in order to avoid possible ambiguities and inaccuracies as much as possible. However, the processes of establishing a company and its further successful development are complex phenomena, shareholder relations are often complicated, as life events lead to various situations and circumstances, so disputes arises. Thus, in this thesis the author analyses the relationship between shareholders and their remedies – the ways in which a shareholder can effectively defend his violated rights. Non–compliance with the terms of the agreement necessitates compensation for damage or the payment of a fine, as well as other measures appropriate to the circumstances of the particular situation, which may restore the infringed rights. These aspects should be discussed in any shareholder agreement which resolves conflicts and avoids unreasonable costs, time and negative effects on the reputation and performance of the company and the shareholders themselves. This thesis also reveals the enforcement measures of the shareholders, which are applied in accordance with the provisions set out in the shareholders’ agreement and in its absence, in accordance with the procedure specified in legal acts. However these methods are used only as an extreme measures, when the dispute cannot be resolved by any other, more lenient ways. |
