Legal Regulation of Processes of Merger and Acquisition of Enterprises of Ukraine
Journal Title: Бізнес Інформ - Year 2013, Vol 9, Issue 0
Abstract
The goal of the article lies in the study of regulatory and legal basis of regulation of the processes of acquisition and merger of domestic enterprises, since the issues of merger and acquisition are contradictory aspects of market environment development. Analysing scientific developments of domestic and foreign scientists and comparing them with the legal basis of regulation of merger and acquisition transactions, the article revealed absence of the acquisition notion and its replacement with the joining notion and partially contradictory interpretation of the merger notion. The article studies legal aspects of regulation of joint stock companies activity in the process of merger and joining. It detects that this procedure is the most detailed just for corporate capital, i.e. joint stock companies. Moreover, another type of corporate relationship - corporation - cannot participate in the process of merger, since it is a union of enterprises. It is established that "union of enterprises" and "merger" are not equal notions. The article identifies stage-by-stage passing through operations of merger and joining for joint stock companies, reveals absence of standard documents for their successful passing, in particular, a transfer act. The article establishes that merger and joining is interpreted in different laws either as a type of re-organisation or as concentration of an enterprise. All the above creates a risky environment for carrying out merger and acquisition transactions, that is why, the prospect of further study is detection of other risks in merger and acquisition operations.
Authors and Affiliations
Iuliia Tiulenieve
Keywords
Related Articles
- EP ID EP109903
- DOI -
- Views 87
- Downloads 0
Necessity of Creation and Functioning of an Aviation Insurance Bureau of Ukraine
The goal of the article is to study the issue of a necessity of creation and functioning of an aviation insurance bureau of Ukraine. Analysing and studying the main functions and activity of certain international and reg...
Specific Features of Diagnostics of Efficiency of Management of Innovation Risks at Enterprises of the Baking Industry (Cost-is-no-object Approach)
The article analyses diagnostics of efficiency of management of innovation risks through cost optimisation. Management of costs on innovation grounds is carried out with the aim of their reduction. In order to realise me...
Developing the Normative-Methodical Ensuring the Diagnostics of Insolvency and Bankruptcy of Domestic Enterprises in the Context of the European Integration
The article is concerned with development and substantiation of recommendations on developing the domestic normative-methodical ensuring the diagnostics of insolvency and bankruptcy of economic entities in the context of...
History of State Financial Control in the Russian Empire (1705-1917)
The article gives a historical overview of the development of State financial control in the Russian Empire in the time span from the beginning of the XVIII century and up to 1917. The article is aimed at synthesis of th...
Information Awareness of Depositors in the Deposit Products Market of Ukraine
The article analyses important and topical for Ukraine issues concerning the level of information awareness of depositors and quality of information distributed in the deposit products market. It defines information asym...