The Legal Regimes Of Assessed Contribution
Keywords:
legal entity, commercial company, paid authorized (share) capital, assessed contribution, legal regime, structureAbstract
The scientific investigation of the legal regimes of assessed contribution is very useful and necessary today. The assessed contribution of each founder/sharer is formed the authorized (share) capital of the commercial company. It’s considered as minimum guarantee for creditors in some companies. Besides, the contribution is an important element in the process of formation the authorized (share) capital, which is inextricably related to further «life» of a legal entity and its founder/sharer. Such importance has motivated the author to more depth analysis of the legal regimes of assessed contribution. The qualitative study in terms of civil law is essential towards understanding of such object of civil relationships as an assessed contribution.
As the title implies the article describes the problems of the legal regimes of assessed contribution of the commercial companies, explains its contents (structure). Attention is drawn to structured legal regime of the assessed contribution to determine elements of this structure and their meaning.
The research was based on the methods of analysis and synthesis. It is spoken in detail that the legal regime is consists of such components:
- object is the assessed contribution with determined features (viz. the form of property, temporality, monetary evaluation, the property of founder/sharer, which has a corresponding right to it, variability (combining), formalization, transferable, exchangeability, orderliness and procedural, limitation, obligatoriness, recoverability);
- the system of social relations, in which that object is functioning (viz. three stages of relationships: first stage is the time before making contribution to the authorized (share) capital (before the state registration of company) - real (or absolute) relationships; second stage is in the moment of making the assessed contribution to the authorized (share) capital (before the state registration of company) - obligation (contractual) relationships; the third stage is after making the assessed contribution to the authorized (share) capital (after the state registration) - corporate relationships);
- the content of the legal regime of assessed contribution (legal regime of things (with certain exceptions), the legal regime of exclusive rights).
Every of these elements were explained and their main characteristics were disclosed by author in the article.
The results highlight the scientific essence of the legal regime of assessed contribution that based on the principles of ownership (with certain exceptions); in civil circulation the assessed contribution as a general rule is the subject of the legal regime of things. The exceptions are intellectual property rights, which operate in the legal regime of exclusive rights.
Finally this research is useful for practice and lays the foundation for further research in this area for deeper understanding the legal nature of assessed contribution to the authorized (share) capital of company.
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