Particularities of functioning of the general meeting of a joint-stock company under martial law

Abstract

Abstract. Purpose. The article specifies the procedure for holding a remote general meeting of a joint-stock company under martial law, differentiates between remote and electronic general meetings of shareholders, and covers the ways to improve the current legislation on remote general meetings of shareholders in line with European standards. Research methods. The work was carried out using general scientific and special methods of scientific cognition. Results. In the course of scientific analysis of normative legal acts regulating the procedure for holding the general meeting of a joint-stock company, it was established that a remote general meeting of shareholders is assisted by electronic document circulation, which is actualized via electronic communication, and an option to sign basic documents with a qualified electronic signature. It was noted that remote general meetings are held according to special rules enshrined in the Temporary Procedure. The authors characterized prospective corporate legislation and its compliance with European standards. Conclusions. As a result of the study, it was proved that the legislative regulation of corporate relations should be improved by adopting a new Law of Ukraine “On Joint-Stock Companies”, which would specify the forms of shareholders’ participation in the general meeting: in-person, remote, and electronic. It is expedient to state that remote general meetings can be held by absentee voting using electronic and mail services, and electronic general meetings can be held via videoconference that allows all shareholders to be seen and heard on-line with a defined electronic voting mechanism. The mentioned innovations will allow for the further implementation of several forms of participation in the general meeting of shareholders using an authorized electronic system meeting European standards.