Accounting System as a Basis for Digitalization in Corporate law in limited and additional liability Companies

The article describes the concept of the share accounting system for limited liability companies and additional liability companies maintained by the Central Securities Depository. Such a system provides additional opportunities for the disposal of corporate rights using the achievements of digitalization and creates additional mechanisms for the protection of corporate rights.

The problems of preserving ownership of a share in the authorised capital of limited liability companies and additional liability companies, restrictions on the disposal of a share and control over a share in such companies have reached the highest level. The search for mechanisms to solve these problems and the availability of positive experience in accounting and circulation of securities make the study of these issues highly relevant. The purpose of this article is to analyse the legal regulation of the share accounting system in limited liability companies and additional liability companies maintained by the Central Depository, and to identify the problematic aspects of implementation of the new legal regulation of digitalisation in corporate law. The achievement of the above goal was made possible by applying such methods of scientific knowledge as formal legal, dogmatic and comparative legal.

The author examines the impact of the introduction of this system on the property and non-property rights of participants to corporate legal relations, identifies the main problems of law enforcement and prospects for the development of digitalization of corporate governance in Ukraine. The author examines the peculiarities of transfer of ownership of a share in the share accounting system and its differences from traditional accounting in the Unified State Register (USR). It is noted that the new mechanism provides greater legal certainty, but at the same time raises questions about the moment of transfer of corporate rights, which requires further legislative regulation.

Particular attention is paid to the impact of the share accounting system on the exercise of non-property corporate rights, participation in the general meeting of shareholders through electronic voting.

The author considers the prospects for the development of the share accounting system, its potential to reduce the administrative burden on business and improve corporate governance. At the same time, the author emphasizes the need for regulatory clarification of certain provisions regarding the moment of transfer of ownership and protection of the rights of participants in corporate relations, and emphasizes the need for further analysis of court practice regarding the application of this mechanism.