In the Russian Federation there are a huge number of different enterprises. Almost all of them are regulated by special corporate agreements - local acts that reflect individual civil law norms. This article will describe in detail the content and features of such agreements.
Corporate Relations
Corporate relations are called special public relations, which are regulated by legal norms. Such relations arise as a result of the formation of corporations and the exercise of their professional functions. Such companies are called limited liability companies. Legal relations arise between the organizations themselves and their representatives.
Corporate relations can be interpreted in several ways. In a narrow sense, it is a set of internal organizational functions related to control and management. In a broad sense, this is a relationship directly related to the business activities of a legal entity.
Corporate relations should be protected by the state, have a specific character and relate to the civil law sphere.
Role of contracts
The treaty institute in Russia is interdisciplinary. Documents of a private and public nature are allocated. There are differences between them. Public contracts are concluded between private and public law entities. Private agreements are concluded only between representatives of private law. What place does the corporate rights agreement occupy here? One of the parties to the agreement is a corporation. Therefore, it cannot be attributed to any one group. The document gives rise to material relations. Therefore, it forms an independent category in the civil law sphere.
An agreement may be concluded between two or more persons. An agreement is established on the establishment, amendment or termination of duties or rights of citizens. In the case of a corporate contract, all the same principles will work as with the rest of the documentation. For example, if the contract is international, the rights of foreign states will be applied on the basis of conflict of laws rules of the international private sphere of law.
Corporate agreement
Legal professionals present a particular characteristic of corporate law contracts. Lawyers call such agreements acts of individual regulation of a sub-normative type. Simply put, a corporate contract does not come down to the rules of law, but gravitates to them. Moreover, the document can act as a regulatory regulator, but only in cases where this can allow the essence of organizational relations.
A simple example of a corporate contract is a constituent contract. It regulates the relationship between managers and creators, and also establishes the legal status of a legal entity.
Relative corporate legal relations can arise only from the moment of conclusion of the corresponding contract. There are also features. Moreover, these legal relations can redistribute between the parties to the contract various volumes of economic opportunities for ownership, establishment, appropriation, disposal, use, etc. Between the parties to the contract special property relations are established, the so-called regime of combining property objects.
The role of the corporate contract
So, the contract in question establishes a number of property relations.What does it mean? It restricts the volitional and behavioral acts of participants in legal relations with respect to joint property. In turn, combined ownership gives rise to a combination of activities. Such powers presuppose a general-purpose nature of activity, as a result of which a corporate contract also acquires a general-purpose nature.
The document under consideration specifies the duties and powers of participants in corporate law. What does it mean? The responsibilities of the participants are necessary to secure authority. Thus, the corporate contract is onerous. All the duties and powers that he distributes between the parties to the legal relationship are of a mutual nature.
The document under consideration is the source of one of the branches of civil law. The contract is a special agreement between the participants of the corporation and the corporation itself.
Corporate contract forms
Corporate civilian contracts can take many forms. Always depending on in which sphere they function. The most common type of such an agreement is the sale. It is also worth highlighting documents on deliveries, contracts, leases, banking transactions, servicing corporations by banks or credit organizations, agency agreements, commission contracts and much more.
As a rule, corporate contracts are concluded for rather long periods of time. Regulated legal relations at the same time have a lasting character.
The success of the contract always depends on how competently and efficiently the responsibilities and powers were distributed between the parties. Moreover, the performance of the contract significantly affects the business reputation of the legal entity.
Conclusion of a corporate agreement between LLC and JSC participants
A corporation agreement between limited liability company participants is concluded in accordance with Article 8 of the Federal Law "On LLC". The founders of such an organization have the opportunity to conclude an agreement to determine their rights, obligations, as well as prohibitions, requirements and other installations. At the general meeting, the corporate agreement of the LLC is adopted. The prepared draft contract is discussed with the participants in the organization, after which it is agreed or canceled by voting. A prerequisite to the contract is its conclusion in writing, execution in accordance with legal requirements, as well as the presence of signatures from all representatives of the organization.
The document under consideration can also act as a shareholder agreement. The corporate agreement between the participants of the joint-stock company contains instructions on the rights certified by shares. The features of citizens' powers on securities are fixed. The same goes for duties.
The participants in the LLC or JSC, between whom a corporate agreement was concluded, are obliged to notify their superiors about this. The content of the document is not required.
Treaties and charters
The corporate agreement and corporate charter are, in one way or another, transactions, the result of which is always the emergence of a new subject of law - a legal entity. Both documents govern corporate relations that are formed between managers, founders and the legal entity itself. Moreover, both the charter and the contract are constituent acts.
Sample corporate agreement: 
But how is the agreement different from the charter? The latter is a civil transaction. It can be multilateral or unilateral in nature. The agreement, however, regulates specific areas in which several transactions may enter at once. Corporate agreement concluded in the process of creating or implementing the activities of a legal entity. Moreover, it can be replaced by the charter on the one hand, and a document on joint activities on the other.
The Importance of Corporate Contracts Today
A corporate contract is considered by many experts in the field of jurisprudence as a subtype of a regulatory document. This is an agreement of two or more parties that establishes, amends or repeals legal rules within their competence.
Currently, the role of corporate contracts is really great. They are widely used in labor, civil and other types of law. In contrast to the charters (agreements), agreements of this nature do not have a one-time nature. The considered subspecies of the civil contract acts as the result of an agreement between entities that have some common interest.
Features of contracts
It is worth considering a corporate agreement as a shareholder agreement. Lawyers define such an agreement as a mixed, multilateral, binding legal contract, formed free of charge. It is concluded between two or more persons, one of which must be a shareholder. By its legal nature, such a document is similar to the agreement of the LLC participants, which also entails obligations related to the implementation of corporate rights.
Corporate contracts are divided into organizational and property. Documents of the first type ensure the emergence of property relations in the future. It is also worth noting that such agreements can be aimed at streamlining relations related to property. This is, for example, a preliminary or memorandum of association. Property agreements are directly related to property.
The corporate agreement is of a mixed organizational and property nature. On the one hand, its subject is the exercise of corporate rights. On the other hand, the alienation or acquisition of a share in the authorized capital.
Conclusion of a corporate contract in the field of legislation of the Russian Federation
In the Russian Civil Code, the concept of a corporation agreement refers to the internal content of a shareholder agreement, as well as an agreement on the exercise of the powers of the organization’s members. There are corporate lawyers whose responsibilities include work to modernize civil law.
Consider an example. Back in 2010, an agreement was concluded that proclaimed the abandonment of the three-tier structure of civil law. What was included in it? Such a structure contained the Civil Code, specialized laws and acts of a general nature. Recently, a large number of charters are redone and consolidated. For example, federal laws explaining the Civil Code are included in the code itself.