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On the Notion of “Group of Companies” in the JuridicalPractice of Russiaстатья
- Авторы: Karelina Svetlana A., Frolov Igor V.
- Журнал: Russian Law: Theory and Practice
- Номер: 1
- Год издания: 2020
- Первая страница: 23
- Последняя страница: 22
- Аннотация: Abstract Th e paper investigates the notion of “group of companies” in the juridical practice of Russia. It contains a comparative analysis of the relevant statutes of the Russian Federation in their relation to the categories of “group of companies” and “group of persons”. It also gives examples of possible legal eff ects in case of recognizing an association of persons to be a group of companies. Th e conclusion is that each system of legislative control establishes its own branch criteria of the organization’s belonging to a group. Correspondence of the relations between various legal persons to the said criteria may entail various legal eff ects. Th e authors make grounded conclusions concerning the fact that the juridical system of Russia contains a number of statutory concepts similar to that of a group of companies; the mentioned statutory concepts of other types of business operation are aimed at achieving mutual goals, specifi cally: an investment company; a simple company (joint operation agreement); an investment partnership. Th e article off ers a defi nition of a group of companies in the juridical practice of Russia, according to which a group of companies is to be treated as an association (without being a legal person) of two or more legal persons and/or self-employed entrepreneurs, that has gained its status in accordance with the law, united on the basis of legal criteria (grounds), with the application of a defi nite system of allowances, bans and limitations in case of recognition of the association as a group of companies and a single consolidated person at law created for the implementation of mutual economic aims with the retention of an individual economic interest. Also, the authors defi ne features of a group of companies which should include: an actual and economic association of legal persons and/or individual entrepreneurs without being a legal person; an association of entrepreneurs that has gained its status in accordance with the law; an affi nity based on legal criteria (grounds), with the application of a defi nite system of allowances, bans and limitations in case of recognition of the association as a group of companies and as a single consolidated person at law; availability of a mutual economic aim with the retention of an individual economic interest. If the activity of a number of organizations did not reveal the features (criteria) of an association mentioned by this or that regulatory system (tax, anti-trust, corporative, etc.), this means that the activity of the above listed organizations is a regular commercial activity of legal persons mediated by various legal ways of implementing legal personality by a particular legal person.
- Добавил в систему: Фролов Игорь Валентинович
Прикрепленные файлы
| № | Имя | Описание | Имя файла | Размер | Добавлен |
|---|---|---|---|---|---|
| 1. | Полный текст | Russian_law_No1-2020.pdf | 533,4 КБ | 22 апреля 2020 [i.v.frolov] |