TO THE QUESTION OF THE ACTIVITIES OF PUBLICAND NON-PUBLIC COMPANIES: RUSSIAN AND FOREIGN ASPECT
Rubrics: PRAVO I SOCIAL'NYE OTNOSHENIYA
Authors:
1.
Krasnoyarsk State Agrarian University
2.
Krasnoyarsk State Agrarian University
Type:
Article
Pages:
from 125
to 130
Status:
Published
Received:
21.12.2018
Accepted:
23.12.2018
Published:
25.12.2018
Subject area:
UDK 347 Гражданское право. Судопроизводство
Language:
Russian
Keywords:
joint stock company, public company, non-public compa- ny, open society, closed company, shares, issue of securities, reforming, pub- lic status, American law
Abstract (English):
Legal regulation of joint-stock companies is currently under close atten- tion of the legislator, since joint-stock companies are the most important for the present economy organizational and legal form of business entities, which allows in its economic activities to attract large financial resources. The purpose of the study is to analyze the problems associated with the re- form of the current legislation. As part of the reform of civil legislation, the American model of division of joint-stock companies was adopted, accord- ing to which the fundamental differentiation is the division of corporations into public and private. Since 2014, the Civil Code of the Russian Federation has stopped dividing joint-stock companies into open and closed, instead of these forms, public and non-public joint-stock companies have appeared (article 66.3 of the Civil Code). Since 01.07.2015 newly created joint-stock company cannot become public at once. It can be non-public and has the right to get further the status of public society according7.1. of Federal Law of 26.12.1995 No 208-FL (edition .from 19.07.2018) "on joint stock compa- nies". According to the results of the study, generalizing conclusions are made, in particular, that the reform of civil legislation has played an im- portant role in the activities of joint-stock companies, with the introduction of significantly different in its legal regime of public and non-public joint- stock companies in the life of joint-stock companies, new opportunities, but also additional responsibilities, entailing significant costs.
Legal regulation of joint-stock companies is currently under close atten- tion of the legislator, since joint-stock companies are the most important for the present economy organizational and legal form of business entities, which allows in its economic activities to attract large financial resources. The purpose of the study is to analyze the problems associated with the re- form of the current legislation. As part of the reform of civil legislation, the American model of division of joint-stock companies was adopted, accord- ing to which the fundamental differentiation is the division of corporations into public and private. Since 2014, the Civil Code of the Russian Federation has stopped dividing joint-stock companies into open and closed, instead of these forms, public and non-public joint-stock companies have appeared (article 66.3 of the Civil Code). Since 01.07.2015 newly created joint-stock company cannot become public at once. It can be non-public and has the right to get further the status of public society according7.1. of Federal Law of 26.12.1995 No 208-FL (edition .from 19.07.2018) "on joint stock compa- nies". According to the results of the study, generalizing conclusions are made, in particular, that the reform of civil legislation has played an im- portant role in the activities of joint-stock companies, with the introduction of significantly different in its legal regime of public and non-public joint- stock companies in the life of joint-stock companies, new opportunities, but also additional responsibilities, entailing significant costs.
Keywords:
joint stock company, public company, non-public compa- ny, open society, closed company, shares, issue of securities, reforming, pub- lic status, American law
joint stock company, public company, non-public compa- ny, open society, closed company, shares, issue of securities, reforming, pub- lic status, American law
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