TO THE ISSUE OF NATURE OF HOLDING LEGAL RELATIONS AND LIABILITY OF HOLDING SUBJECTS
Journal Title: Право та інновації - Year 2017, Vol 2, Issue 18
Abstract
Problem setting. During the last century the trend of the development of new organizational and legal forms of legal entities with the search increasing efficiency and ensure that the interests of different groups of legal entities. One of them is a holding company whose creation is growing in the world in relation to the processes of mergers and acquisitions, increased market competition. Analysis of resent researches and publications. Research of these problems have dedicated works by such scholars as Ivan Goncharov, S. Hrudnytska V. Maluk, G. Umatsiv, I. Spasibo-Fateeva, I. Beytsun, V. Fedchuk, J. Chevychalova, M. Shomin, I. Lukach, O. Vikhrov, N. Ibragimova and others. Target research is an attempt to define the issues of liability of holding subjects in the analysis of domestic and foreign legislation. Article’s main body. The author analyzed the researcher’s standpoint on the specifics of the formation of the holding. It was determined that all researchers agree in the presence of one important feature of the holding, which is the purpose of its creation – to influence decisions by the entities belonging to it, thanks to their overwhelming participation in their authorized capital (presence of their shares of stock).. The current legislation on the legal regulation of holding companies and corporate relations was analyzed. The problems of liability of legal holdings on the analysis of domestic and foreign legislation and judicial practice are considered. Conclusions and prospects for the development. Thus, we can say that now there is no single position concerning responsibility of holding participants, including judicial practice. This leads to insecurity of subjects of holding legal relations and uncertainty of their legal status. The legislation of many different countries contains notions such as «intense intervention», «active participation» and others, which also causes some confusion. Obviously only that the issue should be resolved on an international level to facilitate the unification of the rules in the regulation of these relations.
Authors and Affiliations
K. S. Kosinova
Keywords
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