Abstract

The article examines the correlation between the interests of corporate groups and legal entities that are members of such groups. The main problem of the study is related to the establishment of a balance of interests in situations when the interests of a particular legal entity are sacrificed to the general interests of a corporate group. Using the examples of challenging corporate decisions, challenging transactions, recovering losses from the controlling person and management, the author shows the inconsistency and inflexibility of legal regulation, as well as the lack of carefully designed approaches to taking into account the group context of the economic activities of legal entities. In addition, the author examines the main legal models for providing the balance of interests in corporate groups (English, German, French). As a result, proposals are put forward to form a flexible model of the balance of interests for Russia, which is based on the idea of the need to take into account the social and economic characteristics of legal entities and corporate groups.

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