MANAGEMENT OF CORPORATE RIGHTS BY A PERSON FROM AMONG THE HEIRS BEFORE ACCEPTING INHERITANCE

Abstract

The article is devoted to studying problematic issues of inheritance management – corporate rights by a person from among the heirs before accepting the inheritance in limited liability companies.It is noted that the institution established by the legislator has several gaps in practical application. First of all, the question of which of the heirs to appoint as the manager of the inheritance – corporate rights is debatable, if several heirs apply to the notary for issuing a certificate for the management of the inheritance – corporate rights. Typically, the notary allows the heirs to independently determine who among them will act as the manager of the inheritance – corporate rights – or appoints the first applicant. However, the legislation does not prescribe a clear mechanism for the notary’s actions in such situations. The article also draws attention to the fact that the manager of inheritance – corporate rights – has an undefined legal status and scope of authority under current legislation. After all, the Civil Code of Ukraine (Article 1285 of the Civil Code of Ukraine) contains a general rule that the inheritance manager must take actual and legal actions to preserve and protect the inherited property. Accordingly, the issue arises as to what specific powers the inheritance manager – corporate rights is endowed with and what decisions he has the right to make, so that they can be considered through the prism of the specified norm, as well as whether the inheritance manager – corporate rights has the right to participate in the general meeting of the company.It is concluded that the specific powers of the manager of inheritance – corporate rights – are not clearly defined by law. Nevertheless, in practice, such a manager makes managerial decisions during the validity period of the certificate and participates in general meetings. At the same time, court practice shows that such decisions are often deemed to have been made in excess of the manager’s authority.