Distance Forms Of Corporate Rights Realization Of Company Member

Abstract

This article describes the remote forms of participation in company general meeting, the level of regulation of such possibilities in Ukrainian law and further ways for providing sufficient legislative support for that. There was determined that the types of remote realization of the corporate right of participation are: remote general meeting, remote participation of the participant in the general meeting, absentee voting, poll. The most important factors that influenced the change in the form of participation in the general meeting are globalization, digitalization and the Covid-19 pandemic. It was clarified that the term «video conferencing» should be replaced by the term «web conference» or «web meeting», «online meeting», since the identification of the participants should not be directly related to the video or the participant’s image. The mixing of the concepts of absentee voting and polls at the legislative level has been established, their differences have been identified, which indicate that these concepts are still independent phenomena. It was argued for the need to maintain such forms of remote participation as absentee voting and polls, as they have independent significance and cannot be completely replaced by remote general meetings. It is argued that the need for notarization of will, as the only way to identify the participant, slows down the process of digitalization of corporate law, and eliminates the positive and purpose of remote participation. Due to the existence of a number of legislative acts, which regulate the issue of remote form of general meetings, and for the sake of purity of legislative vocabulary, it is necessary for the legislator to use the same terms to denote the same phenomena. For example, general meetings held online are referred to in various Ukrainian law acts as «video conferencing», «remote meeting», «electronic meeting» and so on.