Longer Than Life: Inheriting Rights and Obligations from Corporate Agreements
Business succession is a complex and multifaceted process that, as practice shows, is fraught with conflicts and requires advance planning. It inevitably raises questions of both a commercial and legal nature. One of these is the fate of a corporate agreement concluded between business partners before the death of one of them.

KKMP Senior Associate Tamara Kulyk discussed the main nuances of this issue in a special issue of the Pravo.ru analytical portal, dedicated to corporate law.

 

A corporate agreement defines the agreements between shareholders regarding the exercise of their rights, for example, regarding the procedure for transferring shares, voting on key issues, and actions to be taken in the event of disagreement. Partners are generally interested in ensuring that these agreements remain in effect after the death of one of them. This is particularly relevant for surviving partners, as they often cannot prevent the heirs from entering the business. This is only possible in an LLC if specifically provided for in the charter and subject to paying the heirs the fair value of the share they are not receiving.

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