24.12.2009
The Akmolinsky regional court has held a seminar on pressing questions of the permission of corporate disputes and legislation applications «On joint-stock companies». The seminar is organized by the educational centre of regional court and is continuation of the educational program begun by the Supreme Court.
«Today the corporate sector presented by the largest tax bearers and employers, is the basic engine of economy and the manufacturer of the goods and services in the country, the chairman of Akmolinsky regional court Akzhan Eshtaj has noted, welcoming participants of a seminar. As he said, the principles of the corporate legislation defined by the legislator still in the nineties, not to the full correspond to the become complicated economic relations and do not reflect the international principles of the corporate right and a corporate governance, and separate amendments to the legislation do not provide the adequate decision of this problem. Corporate disputes and the conflicts which have not found the timely permission, on the consequences mention not only interests of a narrow circle of proprietors of the companies, but also negatively influence a national economy as a whole. Frequently lead to a stop or closing of the enterprises, loss of workplaces, and reduction of tax revenues in the state budget and to other negative consequences.
At a seminar it was noticed, that in 2008 plenary session of the Supreme Court the standard decision with a view of uniform application of the legislation was accepted at the permission of corporate disputes between participants of the limited liability company. Now there is a work on working out of the standard decision concerning application of the legislation on joint-stock companies. In this plan before judicial community there is a set of the problems demanding the permission.
The chairman of board on civil cases of regional court Anuarbek Ramazanov has acquainted participants of a seminar with the historical inquiry of occurrence of joint-stock company, its formation, development of the legislation on joint-stock companies.
«The joint-stock company form is the most universal and widely applied in various spheres. Release and placing of actions give the chance, under normal conditions economy developments, to invest áîëüøåãî numbers of persons. These capitals, being accumulated, create real financial base for development of large manufacture and other kinds of business. Shareholders, in turn, get possibility to receive incomes on the capital. Universal character of the actions possessing high liquidity, allows shareholders to dispose easily enough of the means by sale of these papers. The reference of actions as securities - a natural way of moving of capitals from one branch in another, that is a natural regulator of economy in the conditions of the market. All it dictates necessity of development of the joint-stock form of business and perfection of corresponding legal base», has noted A.Ramazanov.
During seminar work of administer law «On joint-stock companies», contest of decisions of general meeting, features of legal regulation of activity of joint-stock company judiciary practice questions are discussed with state participation, fulfilment of transactions with society actions, problems of administer law and considerations of the disputes connected with reorganisation of a society and others.
Organizers are assured, that the seminar will help judges and legal community of area with the permission of the problem questions connected with a corporate governance.