Civil Legislation Challenges Through the Prism of Regulation of Holding Entities
https://doi.org/10.17803/1994-1471.2020.114.5.073-078
Abstract
Current legislation governing relationships in the field of holdings in one way or another contains very significant gaps that give rise to practical problems. One of such gaps is the lack of a uniform legislative definition of the term "holding" used in various normative legal acts at different levels. The lack of an official definition of the concept under consideration inevitably leads to uncertainty in the identification of features of such an association (the doctrine enumerates economic or corporate control, organizational unity, building relationships according to the model of subsidiarity of economic societies, etc.) and, as a result, causes difficulty in qualifying integration associations of two or more legal entities as a holding. Insufficiency of regulation is also observed in resolving the issues regarding creation of the holding company, its organizational structure, corporate relations, including issues of management. Since holdings are one of the most common forms of corporate associations in modern Russia, the study of these and other aspects of legal regulation of the creation and functioning of holdings is a priority for entrepreneurship development. The author limited the study to considering the concept of the holding, its features, addressing not only doctrinal sources, but also judicial practice (jurisprudence), as well as the experience of foreign countries.
About the Author
I. I. Shuvalov
VEB.RF State Development Corporation
Russian Federation
Russian Federation
Cand. Sci. (Law), Chairman
pr-t Akademika Sakharova, d. 9, Moscow, Russia, 107078
References
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Review
For citations:
Shuvalov I.I. Civil Legislation Challenges Through the Prism of Regulation of Holding Entities. Actual Problems of Russian Law. 2020;15(5):73-78. (In Russ.) https://doi.org/10.17803/1994-1471.2020.114.5.073-078
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