In addition, at the conclusion of the shareholders' agreement also open the question remains – is it possible to annul the decision General Meeting of Shareholders, adopted on the basis of the agreements set forth in the shareholder agreement. In terms of Part 7 of Article 49 of the Federal Law "On Joint Stock Companies", the shareholder is entitled to appeal against the decision taken by the meeting of shareholders, if: 1) the decision was made in violation of Federal Law "On Joint Stock Companies", other legal acts of the Russian Federation, the company's charter, 2) the decision violated the rights and legitimate interests of the shareholder, the shareholder caused losses. It follows that on the one hand, be aware that if the parties to the agreement are the shareholders, not society, that society does not formally linked to the rules and accept his decision invalid on this ground is not quite logical. In this case, on the other hand, as follows from the above, shareholders agreements restricting the right to sell / purchase of shares contrary to the legal acts of the Russian Federation. However, if the decisions of the General Assembly, taking into account the agreements adopted by the shareholder agreement, shareholder losses were caused by – the court is likely to recognize such a decision is valid. Fully explore the nature of shareholders agreements, we can draw the following to its understanding: the shareholders' agreement – this is one of the most important stories of the last time in the Russian law, which really helps the shareholders of the Russian Federation regulate their activity, making it more understandable and predictable at the legislative level, reducing the desire to record company in the west, particularly offshore, and thus reducing the outflow of capital from Russia, and also contributes to the attractiveness for foreign investors, who have long been accustomed to such agreements.
Combining all the benefits arising from the use of shareholder agreements in the implementation organizational and legal entities, as well as problems arising from the use of such agreements, we must admit that, of course, the main achievement made in the Federal Law "On Joint Stock Companies" of change is Russia officially recognized the rule of law shareholder agreements as an essential tool to ensure an effective balance of rights and legitimate interests of the shareholders based on their real economic needs. List of sources 1. Kononov, Problems of the subject and content of the agreement members of business entities under Russian law / / Corporate yurist.2010. 10.S.11. 2. Amendments to the Federal Law 'On Joint Stock Companies' and Article 30 of the Federal Law "On securities market".
Federal Law of the Russian Federation of June 3, 2009 N 115-FZ, Moscow, consultant plus legal system. 3. Kirillov, O. redeem shares from minority shareholders: how to get around bureaucracy / / Associate Companies. 2007. 2.S.12 number. 4. E. Evdokimova your way, gentlemen! Is it possible to dispose of its share of the community? / / Business disputes. 2009. 7-8 (66), p.17. 5. Gusev, D. Protection of internal information, company / / Share Bulletin 2007. 2 (40) C.27. 6. Styopkin SP Responsibility for violation of shareholders agreement and voidability transactions made to its violation. consultant plus the legal system. 7. Kirillov, O. redeem shares from minority shareholders: a circumvent bureaucratic obstacles / / Associate Companies. 2007. 2.S.12 number. 8. Family Code of the Russian Federation. M: Publisher Yurayt.2010.64S. 9. The Civil Code of the Russian Federation. Moscow: Publishing House Yurait, 2010. 572S