So, by reorganization of joint-stock companies placement of shares among the persons who are not shareholders of the reorganized societies is not allowed. Thereby appearance of new shareholders by reorganization of society is excluded.
If the shareholder decided to resort to procedure of redemption of stocks by the reorganized society, it has to send to society the written requirement, where to specify number of actions which society should redeem. Such requirement has to be imposed to society no later than 45 days from the date of acceptance by general meeting of shareholders of the decision on reorganization. After term for presentation by shareholders of requirements about repayment of the actions belonging to them society within 30 days is obliged to redeem shares from the shareholders who imposed requirements about vykupevi.
The concept of protection of shareholders is consolidated to that as a result of reorganization the volume of the rights belonging to them and if it is impossible that society was obliged to acquire the shares belonging to them was not reduced.
Objecting to the claim, the respondent declared that the specified documents cannot be considered as the sufficient proof of accessory to the claimant of the rights for the property specified in the requirement. Thus the respondent paid attention of court to the following circumstances.
Both the transfer act, and dividing balance have to include data on all without exception obligations of the debtor, including concerning what the reorganized legal entity considers that it has bases them not to execute.
However the arbitration court did not attach significance to objections of the respondent and satisfied claims in full. Having disagreed with such decision, the respondent appealed against it in higher judicial instances. Having revised the decision, the cassation instance of arbitration court considered arguments of the respondent convincing and cancelled all judicial acts which took place on business, having brought business for new consideration to trial of the first instance.
Articles 57 and 58 of group of companies distinguish five types of reorganization: merge (two and more legal entities turn into one), accession (one or several legal entities join another), division (the legal entity shares on two or more legal entities), allocation (from structure of the legal entity one or several legal entities, thus the legal entity from whom there was an allocation are allocated, continues to exist) and transformation (the legal entity of one look is transformed to the legal entity of another a look.