EXIT OF THE PARTICIPANT FROM OOO: FAMILY-LEGAL ASPECT

As modern period is characterized by the increasing penetration of corporate norms into family relations, more and more issues arise in the resolution of corporate disputes to which the marriages are participants. At the same time, disputes may concern not only the division of the «common business», but also the implementation by the spouse-participant of the legal entity of its corporate rights. The article considers one of these rights – the right to withdraw from the OOO. The author of the article tries to determine the legal nature of the will of the participant to leave the OOO in order to answer the question of the necessity, validity, legality and expediency of applying the provisions of Article 35 of the Family Code of the Russian Federation. Agreeing with the business nature of the nature of the will of the participant of the OOO, the author justifies the need to distinguish between corporate transactions «complicated by marriage», depending on the legal purpose of their commission. The article concludes that the deal on leaving the company is not a transaction on the disposal of shares in the authorized capital of OOO, since the main legal goal of its commission is, first of all, the exercise of the personal non-property right of the spouse to withdraw from the company. Critical assessment of the existing notarial and judicial practice on demanding a notarized consent of the company partner’s spouse upon the certification of the spouse’s application for withdrawal from the OOO. Relevant proposals for changing legislation are proposed by the author in the work.