Новые схемы инвестиционных альянсов

Abstract

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.