Recently, the number of investors in our country has increased - people who have decided to invest their savings in stocks or other securities. Each joint stock company (both open and closed) is obliged to maintain a register of shareholders.
Instructions
Step 1
Shares are common (common) and preferred. Dividends received on ordinary shares depend on the performance of the firm, and payments on preferred shares are usually fixed. Disputes often arise regarding shares issued by open joint stock companies - that is, we are talking about registered uncertified shares.
Step 2
The law does not oblige to perform actions for the sale of shares only on the basis of a purchase and sale agreement. An agreement can be reached orally, the main thing is to send a transfer order to the company whose shares are the subject of the transaction. After that, changes are made to the register of shareholders. However, what if, as a result of the sale and purchase transaction of shares, the terms of the agreement were not fulfilled and the seller wants to return his shares? For example, an entry in the register has already been changed, and the buyer has not yet transferred the money for the shares to the buyer. The Civil Code contains Article 491, which states that the buyer cannot dispose of the goods until the moment of payment, unless otherwise provided by the contract. But the law "On Securities", unfortunately, contradicts the Civil Code in terms of securing rights to shares. That is, after making entries in the register of shareholders, the seller has already lost the ownership right. Therefore, such disputes in most cases are resolved in court. The arbitral tribunals, considering all parties to the transaction, may issue a decision in accordance with which the registrar will be obliged to cancel the record.
Step 3
Based on judicial practice, shares sold at a public auction cannot be returned if the auction was not declared invalid. It is also impossible to return the shares that were seized from the owner by bailiffs within the framework of the law "On Enforcement Proceedings."
Step 4
In other cases, apply to the court of general jurisdiction at the seller's place of residence if a dispute arose between individuals, or to an arbitration court if a joint-stock company is the defendant.
