Competitiveness of the Russian Banking System: Cross-Border Aspect

The processes of globalization and cross-border relations between countries have made it possible to carry out work and provide services in the markets of another country. In the conditions of the banking sector, this process is expressed in the branches of foreign banks or by investing money in the authorized capital of an existing bank. In this case, the management process is located in another country. Foreign investment in all sectors plays an important role in the development of the economy. The classification of commercial banks depends on the source of financing of the authorized capital. The article analyzes the impact of foreign investment on national banking organizations. The growth in the number of commercial banks exacerbates competition in the country. Market participants increase their competitive advantages by introducing additional banking services. The banking sector includes the authorized capital of non-residents, so the bank’s strategy is developed by citizens of another country, taking into account national characteristics. While the foreign banking industry is more likely to overtake domestic technologies, innovations increase the level of competition by adapting foreign mechanisms to Russian markets. The purpose of the study is to analyze the competitive advantages of the national banking sector, taking into account foreign capital. In order to determine whether the policy of a foreign bank affects the atmosphere of the national market, it is necessary to study the industry leaders, measure the share and scale of non-resident banks, using the calculation of the Gerfindahl-Hirschmann market concentration index. The results obtained can reasonably describe the banking market, describe the risks and ways of development of the industry, taking into account the need for an investment fund.

Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

Evolution of shared land ownership in agriculture of modern Russia

The article provides a brief analysis of the content and results of the implementation of models for organizing agricultural production during the land reform in Russia in the 80-90s. The article contains the main stages of land reform, confirmed by legislative and regulatory legal acts of the state. It has been established that shared land ownership in agriculture has a number of specific economic functions: quasi-property, goods, capital and property. The studies demonstrated that the allocation of land shares and their transformation into land plots is a condition for the implementation of the production function of quasi-ownership of land shares. For this reason, land shares, including unclaimed ones, not allocated to land plots, should not be classified as full-fledged private land ownership. When equity ownership is included into the authorized capital of an economic entity, and the agreement on the transfer of rights with the legal successor is not assigned, the right holder loses all rights to the transferred land shares. The existence of such an agreement does not guarantee that the right holder will receive any payments for the use of such property by the legal successor. Individuals who invested land shares in the authorized capital of an economic entity did not have any economic benefit from the reform, and those who converted land shares into a land plot received land property, the price of which has risen in dozen times since the beginning of the land reform.

Peculiarities of notary protection of corporate rights of legal entities

In modern conditions of development and reforming the sources of legal regulation of private law relations, questions of their research have become especially actual. Approaches aimed to consolidate new, more appropriate mechanisms for regulating well-known legal institutions in the civil law of Ukraine have emerged. Article 9 of the Civil Code of Ukraine stipulates that its provisions are subject to application for the settlement of relations that may arise in the fields of environmental protection, use of natural resources, family, labor relations, if they are not regulated by other legislative acts. The above determines the study, including the features of notarial protection of corporate rights of both legal entities and comparison with the rules of such protection of the rights of other partic-ipants in civil relations. Corporate rights are the rights of a person whose share is defined in the authorized capital (property) of a busi-ness organization, including the authority to participate in the management of such business organization, receiving dividends (a certain share of profits) and assets in case of liquidation, as well as other laws and statutory documents. Corporate rights may belong to individuals and legal entities, the state of Ukraine, the Autonomous Republic of Crimea and territorial communities. Taking into account the legal nature of corporate rights, their definition, in par-ticular, through the possibility of receiving dividends and part of the property as a result of liquidation, corporate rights may belong to legal entities, including, for example, companies, cooperatives, farms, private enterprises and more. At the same time, in the article it has been substantiated the approach according to which the consolidation of provisions on the state, the Autonomous Republic of Crimea and territorial communities as legal entities under public law is inexpedient and premature.

Modeling Investment Alliances: Trends, Institutions, Roles

The article, based on the results of a study of current Russian economic, corporate management and judicial law enforcement practice, highlights various configurations of investment alliances regulated by the terms of corporate agreements that are in demand in large and moderately large businesses. The author draws the reader’s attention to the reference targets implemented in the operation of the corresponding models of such agreements of investors in the shares of joint-stock companies and shares in the authorized capital of limited liability companies, as well as on the management and legal tools for achieving these goals. The problem of modeling investment alliances in relation to the solution of long-, medium- and short-term goals and objectives of subjects of entrepreneurial practice requires the use of interdisciplinary analysis – research at the intersection of economics, management, management and law. The purpose of the article is to formulate the problem of modeling investment alliances, describe traditional models of investment alliances and reveal the institutions of modeling investment alliances that contribute to solving this problem. Among others, the authors analyze structures that effectively support the joint business practice of majority and minority shareholders, significant minority shareholders who consolidate corporate control with their help, activate the possibilities of corporate agreements concluded under Russian law for the implementation of mergers and acquisitions projects, as well as anti-raider protection of the target company. The author characterizes the traditional models of investment alliances: “Oath of Allegiance”, “Parity Formula”, “Presale Preparation”, “Speculative Agreement”, “Alliance of Minority Shareholders”, “Anti-Raider Coalition”. The author reveals the institutions of modeling an investment alliance: special rights of a participant, disproportionate powers, special rules of non-public companies, disproportionate contributions, and a corporate agreement. The author also emphasizes the diversity of the roles of participants in investment alliances, taken into account when solving the problem of modeling investment alliances.

ANALISIS YURIDIS KEDUDUKAN SURAT PERNYATAAN SETOR MODAL SEBAGAI PENGGANTI BUKTI SETOR MODAL DALAM PENDIRIAN PERSEROAN TERBATAS DI INDONESIA

Penelitian ini menjelaskan bahwa pada Pasal 32 Ayat (1) Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas disebutkan bahwa modal dasar pendirian Perseroan Terbatas paling sedikit berjumlah Rp50.000.000,. Namun jumlah tersebut menyulitkan bagi pelaku Usaha Mikro, Kecil, dan Menengah (UMKM), khususnya usaha mikro. Oleh karena itu, dalam Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 4 Tahun 2014 kemudian mempermudah pendirian Perseroan Terbatas dengan pendiri hanya membuat Surat Pernyataan Telah Menyetor Modal tanpa harus menyetorkan modalnya. Mengingat penyetoran modal pendirian Perseroan Terbatas merupakan kewajiban yang mutlak yang harus dipenuhi oleh siapapun yang telah menyetujui penempatan modalnya pada Perseroan Terbatas dalam suatu dokumen resmi, baik yang dilakukan sebelum maupun setelah Perseroan Terbatas berdiri dan memperoleh status sebagai badan hukum, maka ketiadaan penyetoran modal pada saat yang telah ditentukan dapat melahirkan perikatan utang-piutang antara Perseroan Terbatas sebagai kreditur dengan pemegang saham sebagai debitur. Metode yang digunakan dalam penelitian ini adalah penelitian hukum normatif. Abstract This research explain that Article 32 Paragraph (1) of Law Number 40 of 2007 concerning Limited Liability Companies states that the authorized capital for the establishment of a Limited Liability Company is at least IDR 50,000,000,. However this number makes it difficult for Micro, Small and Medium Enterprises (MSMEs), especially micro businesses. Therefore, in the Regulation of the Minister of Law and Human Rights Number 4 of 2014 then it makes it easier for the establishment of a Limited Liability Company with the founders only to make a Statement of Having Paid Capital without having to deposit their capital. Considering that the payment of capital for the establishment of a Limited Liability Company is an absolute obligation that must be fulfilled by anyone who has approved the placement of their capital in a Limited Liability Company in an official document, either before or after the Limited Liability Company has been established and obtained its status as a legal entity, there is no capital injection at the time. which has been determined can give birth to a debt-receivable agreement between the Limited Liability Company as a creditor and the shareholders as the debtor. . The method used in this research is normative legal research.

Risk management in the group of companies n the distribution of funds

The article discusses the mechanisms of distribution of funds within a group of companies and analyzes the risks that arise in various situations. It is shown that the risks depend on the type of interdependence of companies, the impact on subsidiaries, etc., the classification of holdings with the characteristics of key concepts is given. The classification criteria are considered: the type of interdependence of companies, the influence of the parent company, the nature of the relationship. Examples of the structure of a group of companies are presented. The processes of financing the operating activities of the holding company, in which the management company distributes the group’s funds to its subsidiaries in order to make the business profitable, are analyzed. The processes of financing investment projects of subsidiaries involving the provision of specific projects with resources are analyzed and the current options for reallocating funds in the group are shown, taking into account the risks. The methods of using business contracts, intra-group loans in the redistribution of money within the group are considered. The variants of their optimal use in various situations are shown. There are three main types of risks that you need to pay attention to first of all: a decrease in net assets, cash gaps and taxes. Taking into account these areas, the methods of reducing the risks of intra-group financing are described and recommendations are given on what to do in these situations. The formula for calculating net assets is presented, the calculation of which is carried out in order to compare the value of net assets with the value of the authorized capital. Methods of reducing the risk of cash gaps are considered. Tax risks are analyzed and measures to reduce them are proposed.

The features of customs duties payment for importing equipment under the international financial leasing agreement

The article examines the features of customs duties payment for importing goods to the customs territory of the EAEU according to the international financial leasing agreement. The possibilities of partial customs duties payment in the application of the customs procedure of temporary importation are analyzed; a comparative analysis of the advantages of the customs procedure of temporary importation and release for domestic use in relation to imported equipment is carried out. The procedure for applying the tariff relief in respect of goods imported as a contribution to the authorized capital of an enterprise with foreign investments, as well as the possibility of applying VAT benefits in respect of leasing equipment, is investigated.

New schemes of investment alliances

The article highlights the new configurations of investment alliances regulated by the terms of corporate agreements that are in demand in large and moderately large businesses. The author draws the reader’s attention to the reference targets implemented in the operation of the corresponding models of such agreements of investors in the shares of joint-stock companies and shares in the authorized capital of limited liability companies, as well as on the management and legal tools for achieving these goals. Among others, the authors analyze structures that effectively support the joint business practice of majority and minority shareholders, significant minority shareholders who consolidate corporate control with their help, activate the possibilities of corporate agreements concluded under Russian law for the implementation of mergers and acquisitions projects, as well as anti-raider protection target company. The author refers to the new trends in structuring and formatting agreements of participants in domestic business entities: the desire of participants in corporate alliances to consolidate in shareholder agreements specific technologies for implementing cooperation between signatories, corresponding to their actual organizational, financial and (or) management mission in the structure of an investment alliance at a certain stage of the company's development; application of the structure of a corporate agreement as a compromise scheme for getting out of a conflict situation; active participation of interested third parties in determining a special procedure for exercising the rights of participants; integration of the institution of corporate agreement into the sphere of distribution relations; combining the institution of a corporate agreement with other types of transactions, as well as with the construction of freedom of contractual relations.

An Object of Vindication: Problems of Law Enforcement

The paper is devoted to examining objects of civil rights in order to establish whether it is possible to subject them to vindication. The paper analyzes such objects as things, “incorporeal things”, non-cash funds, uncertified securities, intellectual property, shares in the authorized capital of limited liability companies, digital rights, cryptocurrency, etc. The author determines the legal nature of the objects under consideration with due regard to the theory of law and legal stances of courts. As a consequence, the author substantiates the relativity of the possibility or impossibility of their vindication under Art. 301 of the Civil Code of the Russian Federation. Also, the author examines the issues of existence of special mechanisms for protection of rights holders of uncertified securities and shares in the authorized capital of limited liability companies to find the interrelation between them and vindication. The paper provides the analysis of judicial practice on the issue of claiming civil law objects from someone else’s illegal possession. Conclusions are drawn as to which objects can be subject to vindication under Art. 301 of the Civil Code of the Russian Federation, which objects can be claimed by analogy of the law and which objects cannot be subjected to vindication.