The Procedure for Establishing the Legal Status of Participants in Remote Digital Investment Transactions

Abstract

Statement of the Problem. The author investigates the problem of regulating the procedure of revealing the legal status of the participants of remote-digital investment transactions performed in the information space. Goals and Tasks of the Research. In remote-digital investment transactions a natural person interacts with a legal entity. Often the transaction involves a subject of special legal capacity. The activity of professional securities participants is licensed. Such subjects are included by the Bank of Russia in special registers, which, in the author’s opinion, is not much different from licensing. Although credit organizations dominate in the composition of investment intermediaries, other types of economic companies also participate, so the establishment of the legal status of the said legal entity as a proper party to the transaction is of great importance for the investment turnover. Methods. In spite of the fact that the procedure for determining the legitimacy of an investment intermediary is regulated in sufficient detail, the author, using a systematic approach to the subject of research, applied a set of general scientific methods (dialectical, hypothetic and deductive, methods of analysis, synthesis, generalization and empirical description) and special scientific methods of knowledge (comparative and legal, dogmatic, structural and functional) for detailed analysis of legislative approach to defining the legal status of professional participants of securities market. Results. The approaches to the legal regulation of establishing the legitimacy of participation in the transaction of the investment intermediary, the recipient of the investment, the private investor itself are highlighted. The conclusion that the establishment of a proper party to the transaction of an investment intermediary – a legal entity – is conditioned by the need to check the availability and validity of its license with the website of the Bank of Russia has been substantiated. The establishment of a proper party to the transaction – the recipient of the investment – a legal entity requires a thorough examination of its website on the Internet. A number of proposals are made on the procedure for determining, by means of modern computer technologies, the eligibility of a citizen – private investor to participate in a remote-digital investment transaction on the basis of his personal account on the GOSSLUGI portal