MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us AMERICAN Journal of Public Diplomacy and International Studies Volume 01, Issue 06, 2023 ISSN (E): 2993-2157 Mandatory Reorganization of Corporate Law Entities Otabek Rakhmonov Lecturer of Administrative and Financial Law Department, Tashkent State University of Law Abstract: Relations related to the organization and abolition of subjects of corporate law are
important in the context of a market economy. If the organization of subjects of corporate law
generates a new subject of law and makes a concrete contribution to economic development
along with the emergence of new subjective rights and obligations in economic and legal
relations, then their termination will lead to the termination of the subject of law and the
termination of the subject's activities in the field of corporate law. economic relations in
exchange for This article discusses the reorganization of corporate law entities, the liquidation of
a legal entity and the emergence of a new legal entity instead of it or the decision of the future
fate of the property.
Keywords: reorganization, liquidation, corporate law, legal entities, mandatory reorganization
process.
Liquidation of legal entities in court is carried out on the grounds provided for directly by the
legislation. The peculiarity of the mandatory abolition of legal entities is that it is based not on
the will of the legal entity, but on the fact that the activities of the legal entity do not comply with
the law. At the same time, the compliance of the legal entity's activities with the principles of
honesty, rationality and fairness is also taken into account [1].
In accordance with the general rule, only the founders (participants) of legal entities and the
bodies of a legal entity endowed with such powers in accordance with the Constituent
Documents have the authority to abolish a legal entity through reorganization. And the
legislation provides that its reorganization in the form of separation of a legal entity or separation
of one or more legal entities from its composition is carried out by a decision of the represented
state bodies or by a court decision (part 2 of Article 49 of the Civil Code).
The process of reorganization of legal entities in court consists in the consideration of simple
cases in a general manner and begins only on the basis of a claim by a competent state body in
cases provided for by law. In other words, the first stage of the mandatory reorganization process
is filing a lawsuit with a state body.
In accordance with part 3 of Article 49 of the Civil Code, if the founders (participants) of a legal
entity, the body they represent, or the body of a legal entity represented by its constituent
documents, do not reorganize the legal entity within the time period established by the decision
of the authorized state body, the court appoints the manager of the legal entity from the moment
of appointment of the manager to him powers to manage the affairs of a legal entity. The
manager acts in court on behalf of a legal entity, draws up a distribution balance sheet and
submits it to the court together with the constituent documents arising as a result of the