Consequences of non-payment of a share in the authorized capital of a limited liability company at its establishment

The purpose of the study is to develop and construct new theoretical provisions on the consequences of non-payment of a share in the authorized capital of a limited liability company (hereinafter referred to as the company) at its establishment. Tasks: to identify the importance of the formation of the company's authorized capital at its establishment, to establish a causal relationship between the fulfillment of the obligation to pay a share in the authorized capital and the loss of participant status, to determine the legal nature of liability for violation of the obligation by the founder. Research hypothesis: non-payment of a share in the authorized capital of a limited liability company at its establishment entails the involvement of the founder in pre-corporate liability.The object of the study is the norms containing the consequences of non-payment of a share in the authorized capital of a limited liability company at its establishment.  Research methods: dogmatic, historical, comparative legal. The dogmatic method made it possible to understand and explain the meaning of the law on the consequences of non-payment of a share in the authorized capital of a company at its establishment. The importance of dogmatics for civil law is difficult to overestimate due to the fact that it allows for a detailed analysis of a complex rule of law. The historical method was used in the study of the formation of norms on the consequences of non-payment of a share in the authorized capital of a company at its establishment, taking into account current events in the country. The comparative legal method was used to analyze the norms of Russian and German legislation. The choice of the country of foreign law was determined by the history of the development of civil law and observance of the traditions of Roman law. Results: the formation of the authorized capital of the company at its establishment has a complex legal structure; there is a direct causal relationship between the payment of a share in the authorized capital by the founder and his right to participate in the management of a limited liability company; payment of a share in the authorized capital of the company at its establishment is a transaction. The consequence of non-payment of a share in the authorized capital when establishing a limited liability company is the onset of pre-corporate liability, which consists of property and non-property. The first is to apply a penalty to such a person in accordance with the provisions of the establishment agreement. The second is in the absence of the actual possibility of exercising the rights of participation at the request of other members of the society.

Share capital, founder, the consequences, corporation, civil law, fraction, duty, legislation, legal relations, responsibility