Приклади вживання Preemptive right Англійська мовою та їх переклад на Українською
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Preemptive right to alienation of land.
Without the consent of the person having the preemptive right, there can be the following:.
Preemptive right for the alienation of land.
Report on the possibility of shareholders exercising their preemptive right.
The Bank's shareholders have preemptive rights with the public offering of shares.
It is not allowed to add land to theauthorized capital without the consent of the person who has the preemptive right.
Parents have a preemptive right to educate their children before all other persons.".
Also, the Law on LLC explains in detail the issue ofcompliance with the principle of proportionality when exercising the preemptive right.
In some states, the preemptive right is automatically included in every corporate charter.
What particle size shouldbe provided if several members of the Company use their preemptive right to purchase a stake of another participant?
Of course, such a principle of proportionality applies only in situations,where several participants have expressed their intent to use their preemptive right.
Common stockholders often have the right, called the preemptive right, to purchase any new shares sold by the firm.
In the event of alienation of land under a contract of sale or another agreement, the land owner isobliged to offer this land to a person who has a preemptive right.
Such discrimination mayoften interfere with the plaintiff in protecting his violated preemptive right and may be used by unscrupulous participants of the LLC.
Such an approach has already become routine(including in case law) and does not raise objections,and is also one of the most used mechanisms to circumvent the preemptive right.
There are also not so rare cases,when participants of the LLC fail to effectively protect their preemptive right in court because of the poorly built legal strategy.
Participants may exercise their preemptive right within 1 month from the date of notice of the sale of a participatory interest(another term may be established by the Articles of Association or by agreement among the participants).
It is also likely that during the conclusion of a disputed sale andpurchase agreement, the preemptive rights of more than one particpant of the company may be violated.
The preemptive right is exercised by the parties subject to the principle of proportionality: an alienated participatory interest may be acquired by other participants only in the amount proportional to the amount of a participatory interest belonged to such a participant.
This rule persists even after Oblenergo's transition,and even if its Charter grants preemptive rights to the current investor to buyout public shares.
In practice, we once dealt with a case, when the preemptive right of a participant of the LLC was violated: a sale and purchase agreement for a participatory interest was concluded for the benefit of a third party without the relevant prior notification of other participants.
In this material, we will try to outline the main problems and subtleties related to regulation, implementation and protection of the preemptive right to purchase a participatoryinterest offered for sale to third parties(preemptive right) by participants of LLC.
Consequently, a plaintiff in the case will no longer be obliged to pay money in full amount of the disputed agreement and will be able to postpone their depositing until the moment of establishment and identification(if necessary) of all other participants of the LLC,who wish to exercise their preemptive right in a trial.
The provisions related to the consequences of violations of the preemptive right is probably one of the most important in the context of regulating the mechanism to protect the preemptive right by participants.
A participant, who wishes to sell his participatory interest to thirdparties, is obliged to inform other participants about his intention and ask them to exercise their preemptive right(this obligation is not expressly stipulated, but it follows from the meaning of the provision).
Part 2 of Article 20 states that,if several participants of the company use their preemptive right, they acquire a participatory interest(part of a participatory interest) in proportion to the amount of their participatory interests in the company's authorized capital.
We believe that the existence of a reservation on the necessity to determine the amount of deposit in a court order shall not prevent a single participant, whose rights have been violated(if only two participants orif all other participants were informed and/or waived their preemptive right), or a few“offended” participants, who act in concert, from the very beginning, to deposit money in the required amount, in proportion to the amount of his/their participatory interest(s).
Thus, due to the properlyvested right to appoint a company's management, preemptive rights, lock up periods, it is possible to obtain the maximum control over the company and to avoid partners' infringements.
The latter can detail the mechanisms for exercising certain rights by participants,including the preemptive right, taking into account the potential probability of complications in relations between business partners in the future.