ON THE EPHEMERAL LEGAL ENTITIES UNDER RUSSIAN LAW (ON THE EXAMPLE OF COMPANIES FORMED IN THE PROCESS OF COMBINED REORGANIZATION)
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Published:
Dec 2, 2021
Abstract
In this article, the author investigates the phenomenon of ephemeral legal entities formed at the intermediate stages of a combined reorganization. It is concluded that these companies are quasi-legal entities, since though having the formal characteristics of a legal entity they are not such, by virtue of the purpose of their creation, the content of actions and the place in the civil-legal turnover. The author also comes to the conclusion that these organizations should not have their own governing bodies due to the fact that the entire cycle of its activities is mediated by the Decision of the meeting of the initially reorganized legal entity whose participants determine the segment of management and activity of ephemeral companies.
How to Cite
Nuzhdin, T. (2021). ON THE EPHEMERAL LEGAL ENTITIES UNDER RUSSIAN LAW (ON THE EXAMPLE OF COMPANIES FORMED IN THE PROCESS OF COMBINED REORGANIZATION). Baltic Journal of Legal and Social Sciences, (1), 4-13. Retrieved from http://www.baltijapublishing.lv/index.php/bjlss/article/view/1346
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Keywords
legal entities, corporations, ephemeral legal entities, combined reorganization, mixed reorganization, comprehensive reorganization
References
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3. See. Filippov V.G. On the inexpediency of a mixed method of reorganization of commercial organizations / / News of the Tula State University. Economic and legal sciences. 2015. Volume 2. 2 -page. 98-102; Aldukhova N. Reorganization: new opportunities. URL: http://www.uf-k.ru/publication/reorganizaciya-novye-vozmojnosti.html. (Date of circulation: 05.04.2017); Balykova EV Features of reorganization in the form of separation with simultaneous connection. // Joint-stock company: corporate governance issues. 2009. 8. URL: http://www.uf-k.ru/publication/reorganizaciya-novye-vozmojnosti.html. (Date of circulation: 05/04/2017).
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5. See the meaning of the term «ephemeral», as an imaginary ghostly, unreal, / / Explanatory Dictionary of Ozhegov. Electronic resource. // http://ozhegov-online.ru/slovar-ozhegova/efemernyj/39816/ (the date of the application is April 19, 2017).
6. «OK 029-2014 (NACE Rev. 2). All-Russian Classi er of Economic Activities» (approved by Order of Russian standard dated January 31, 2014 N 14-st).
2. See. Gabov A.V. Theory and practice of reorganization (legal aspect). M .: 2014 .; Markov P.A. Reorganization of commercial organizations: problems of theory and practice: monograph. M.: 2012. Korovayko A.V. Reorganization of business entities: Thesis for the degree of Candidate of Juridical Sciences: Rostov n / a, 2000; Dolinskaya V.V. Legal regulation of organization and activity of joint-stock companies in Russia: Thesis for the degree of Candidate of Juridical Sciences: Moscow, 1993; Tro mov K.T. Reorganization and liquidation of commercial organizations. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 1995; Martyshkin S.V. The concept and characteristics of the reorganization of a legal entity. Thesis for the degree of Candidate of Juridical Sciences Moscow, 2000; Zhdanov D.V. Reorganization of joint-stock companies in the Russian Federation. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 2001; Dever E.P. Legal regulation of reorganization of commercial organizations. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 2002; Bakulina EV Perfection of legal regulation of reorganization of economic societies. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 2004; Karlin AA Reorganization of the joint-stock company. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 2004; Arkhipov B.P. Civil-law mechanism of mergers and af liations of joint-stock companies. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 2004; Aksenova EV Reorganization of legal entities under the laws of the Russian Federation. Thesis for the degree of Candidate of Juridical Sciences: Moscow, 2006; Martemyanov V.S. Economic law. General course of lectures. Moscow, 1994. Naumov OA About protection of creditors rights during reorganization of the debtor // Arbitration practice. 7- 2001. - page.96. Stepanov D.I. The main problems associated with the reform of the legislation on reorganization / / Law. 2- 2009. - Page. 23-45; Berezina Yu.G. Forms of reorganization of legal entities under the civil legislation of the Russian Federation: Thesis for the degree of Candidate of Juridical Sciences - Samara, 2013; Koshelev Ya.S. Civil-law aspects of the reorganization of joint-stock companies: Thesis for the degree of Candidate of Legal Sciences. - Rostov-on-Don, 2012. Galazova Z.V. Institute for the reorganization of a legal entity: Thesis for the degree of Candidate of Juridical Sciences: - Moscow. 2015.
3. See. Filippov V.G. On the inexpediency of a mixed method of reorganization of commercial organizations / / News of the Tula State University. Economic and legal sciences. 2015. Volume 2. 2 -page. 98-102; Aldukhova N. Reorganization: new opportunities. URL: http://www.uf-k.ru/publication/reorganizaciya-novye-vozmojnosti.html. (Date of circulation: 05.04.2017); Balykova EV Features of reorganization in the form of separation with simultaneous connection. // Joint-stock company: corporate governance issues. 2009. 8. URL: http://www.uf-k.ru/publication/reorganizaciya-novye-vozmojnosti.html. (Date of circulation: 05/04/2017).
4. Explanatory dictionary of Ozhegov. Electronic resource // http: //ozhegov-online.ru/slovar-ozhegova/sposob/33221/ (circulation date is April 19, 2017).
5. See the meaning of the term «ephemeral», as an imaginary ghostly, unreal, / / Explanatory Dictionary of Ozhegov. Electronic resource. // http://ozhegov-online.ru/slovar-ozhegova/efemernyj/39816/ (the date of the application is April 19, 2017).
6. «OK 029-2014 (NACE Rev. 2). All-Russian Classi er of Economic Activities» (approved by Order of Russian standard dated January 31, 2014 N 14-st).