LEGAL REGULATION OF CREATION AND ACTIVITIES OF HOLDING COMPANIES

Abstract

The article is devoted to the analysis of the legal regulation of the creation and activity of holding companies in Ukraine. A thorough review of legislative acts related to the formation and functioning of holding structures is carried out. Particular attention is paid to the requirements for founding agreements, statutes and other documents that regulate the activities of holding companies. The subject of the study is the legal aspects and norms that regulate the process of creation and operation of holding companies, including corporate governance. Today, the relevance of the mentioned topic is that Holding structures are becoming more and more common in the modern economy, as they can contribute to more efficient asset management. The interest of investors and entrepreneurs in the creation and management of holdings is growing. The creation and operation of holding companies is subject to specific regulatory requirements and rules. Understanding this aspect is important for business and legal professionals. The experience of foreign countries, global types of holding companies, their regulatory and legal regulation of creation and activity is also considered. Special attention is paid to the form of creation of holding companies in Ukraine, since according to the Law of Ukraine «On Holding Companies» there are only two forms, PJSC - Public Joint Stock Company, which is created from state capital and is controlled only by executive authorities, and PRAT - Private Shareholder, which consists of from private capital, and has several enterprises under its management. In such a case, the Holding Company acts as the Parent Company of the Company, and the subordinated companies as Subsidiaries. This structure allows for more efficient management of assets, resources and business processes, and allows for the use of a common taxation system with its Subsidiaries. In case of active indebtedness of Subsidiaries to counterparties, the Parent Company can pay off this debt to creditors with its own means, which is a positive plus when conducting business. The purpose of the bottom article is to find out the specifics of the legal regulation of the creation and operation of holding companies.