RELEVANT ISSUES OF VESTING PARTICIPATORY INTERESTS IN A SPOUSE

The problem of vesting the second spouse with corporate rights is relevant and debatable. The lack of legislative regulation of the mechanisms for the participation of the second spouse in the process of disposing of shares, as well as information about the rights of the second spouse in public registers, creates an unfavorable environment for abuse of rights by the title owner of the share and other participants in the corporation, which subsequently may lead to negative consequences not only for the second spouse, but also for counterparties to transactions. The process of transferring rights to a participant’s share as a result of division of property or in the event of the participant’s death creates conflicting precedents in notarial and judicial practice. Currently, almost all actions related to the transfer of rights to the share of an LLC are subject to notarization. By certifying legal acts, the notary is called upon to ensure a balance of interests of the parties, the legitimacy and indisputability of the action being performed. To eliminate errors in the application of the law in the process of performing notarial acts, it is necessary to develop a unified approach to taking into account the rights of the second spouse, including the requirement of consent to the transaction and the possibility of vesting the second spouse with corporate rights. In this work, an attempt will be made to determine the role of the notary in establishing the rights of the second spouse in corporate legal relations arising from the ownership of shares by the title owner.