Екатерина Чернявская
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Минэкономразвития России считает необходимым установить правило, согласно которому в уставе будут указываться только права акционеров – владельцев привилегированных акций каждого типа, а не всех владельцев акций каждой категории (типа), как в настоящий момент (абз. 6 п. 3 ст. 11 Федерального закона от 26 декабря 1995 г. № 208-ФЗ «Об акционерных обществах», далее – Закон об АО).
С примерной формой положения о правлении АО, подготовленного экспертами компании «Гарант», можно ознакомиться в интернет-версии системы ГАРАНТ. Получите бесплатный доступ на 3 дня!
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Также не исключено, что требования, касающиеся размера резервного фонда, сроков проведения общего собрания акционеров, количественного состава совета директоров (наблюдательного совета) общества, кворума для проведения заседаний такого совета и коллегиального исполнительного органа общества, будут отличаться в уставах разных обществ1. Эти требования предполагается закрепить в Законе об АО, одновременно оставив возможность их изменения уставом общества. В частности, планируется, что уставом общества можно будет установить иные требования к сроку проведения годового общего собрания акционеров. Напомним, что сейчас он фиксированный – не ранее чем через два месяца и не позднее чем через шесть месяцев после окончания отчетного года (абз. 3 п. 1 ст. 47 Закона об АО).
Публичное обсуждение и независимая антикоррупционная экспертиза завершатся 26 октября.
Напомним, что с 25 июня следующего года начнут применяться 36 типовых уставов, на основании которых смогут действовать ООО. В частности, они будут отличаться условиями о возможности выхода участников из общества, а также о наличии у общества преимущественного права покупки доли.
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1 С текстом законопроекта «О внесении изменений в Федеральный закон «Об акционерных обществах» (в части отмены избыточных требований к содержанию устава акционерного общества)» можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/04/10-18/00084927).
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