Keywords: corporate agreement, corporate relationship, corporate governance, shareholder,
members of the company, civil law contracts.
The rights and obligations of a company participant or shareholder are determined both by legal
documents and by separate clauses of the founding documents and relevant regulations.
However, in addition to complying with the above provisions, corporate management must
ensure the organization of mutual relations between the participants of society's activities, which
can be done by concluding a corporate agreement aimed at determining their rights, obligations,
the procedure for their implementation and their responsibility in this area.
Regulations on corporate contracts in foreign countries are strengthened at the legislative level.
For example, the right to enter into a corporate contract is provided for in Article 7 of the Law of
Ukraine "On Limited and Additional Liability Companies". D. Juravlev, A. Korotyuk, K.
Chijmar, analyzing the above-mentioned standard, distinguish the following features of the
corporate contract: the corporate contract is free; it shall be made in writing; the date of
conclusion and validity period must be specified in the contract; the content of the corporate
agreement is confidential and can be disclosed unless otherwise specified by law or the
agreement; the provisions of the contract have precedence over other contracts that conflict with
the provisions of the corporate contract concluded by its party (a contract concluded by a party to
a corporate contract in violation of such a corporate contract is void if the other party to the
contract knew or should have known about such a violation); an irrevocable power of attorney
may be issued in accordance with the provisions of the corporate agreement; a corporate contract
can be concluded only by company members (individuals and/or legal entities). [1, 27 p]
A. Svintsitsky believes that a corporate agreement can be concluded between the participants of
the society and the creditors of the society. [2] In our opinion, this opinion is controversial. The
content of the corporate agreement is a set of conditions under which it is concluded. At the
same time, legal relations arise from the corporate contract, the content of which is recognized as
the rights and obligations of the participants, which are established in it. The terms of the
corporate contract regulate the actions of the entities participating in it and find their legal
expression through their rights and obligations.