The law on amendments to some legislative acts of Ukraine on protection of
investors' rights became effective in Ukraine as of May 1, aiming to deregulate
economic activity of joint stock companies and introduce high requirements for
public joint-stock companies whose shares are listed on stock exchanges.
In particular, this document contributes to enhancing investor
protection, including by introducing a derivative lawsuit – the right of a
minority shareholder to seek compensation of damage in the company's interest,
introducing responsibility of managers of economic entities in the event of
damage to the company resulting from their illegal actions. It also introduces
the institution of independent directors to represent interests of minority
shareholders in public joint-stock companies.
The law also changes the procedure for forming
supervisory boards of joint-stock companies. According to these changes, only
individuals can be members of the supervisory board, and if a member of the
supervisory board has been elected as a shareholder's representative, the
shareholder can replace this representative without holding a general
shareholders meeting.
In addition, the law specifies the order to recognize
a transaction carried out by a person as void and return profit received as a
result of this transaction. The conditions have been set forth for transition
of quasi-public joint-stock companies into private ones. The law also regulates
the introduction of a detailed regulation of related party transactions, which
will take into account all shareholders' interests.
Starting from May 1, Ukrainian companies can be listed
only on one of the stock exchanges due to higher requirements for issuers in
terms of corporate governance.
As UNIAN reported earlier, the Ministry of Economic
Development and Trade stressed that the adoption of the law on investors'
rights protection was very important for the country's investment
attractiveness. The lack of appropriate mechanisms to protect investors'
rights, along with ongoing hostilities in the country's east, was one of the main causes behind the lack of
foreign capital injections into the country.
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