2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16
If we consider such a document as an investment agreement, it can be noted that from a legal point of view it has no definition in the Civil Code. Such a concept simply does not exist. Nevertheless, the documents of this plan have the right to exist in accordance with Article No. 421, which allows that persons have the right to conclude contracts that are not provided for by the code and other regulations.
An investment contract is essentially an agreement between an investor and other persons in their investment activities. At the same time, you can learn about what “investments” are from the Federal Law “On Investment Activities” (published in 1999 (February 25), registered under number 39). According to this regulatory act, investments are various rights, securities, money and other property that are invested in various objects for profit.
Due to the fact that the investment treaty can be applied in the mostvarious fields of activity, the procedure for its conclusion and action is regulated by numerous additional documents in the area in which it is planned to invest. For example, this may be legislation in the field of sale and purchase, leasing, government contracts, concession agreements, etc.
The concept of an investment agreement also includes the definition of the circle of persons who are parties to such relations. In accordance with the fourth article of the above-mentioned Law "On Investment Activities", if investments are made in the form of capital investments, then the project participants can be both directly investors and customers, as well as contractors, end users and other persons. In addition, the presence of banking, insurance, investment organizations and various suppliers in these relations is not excluded.
The most common version of such a document is an investment contract in construction. The parties to these relations, as a rule, are businessmen who have funds for housing construction, and representatives of local governments who provide land plots for construction. The end result of such relations are constructed facilities, some of which are transferred to state ownership (residential facilities or, for example, a kindergarten), and some remain with the investor and are sold at market prices. In addition, land objects are put into circulation, which before that were simply idle and did not bring anyincome.
Due to the lack of uniform standards, an investment agreement is developed for each subject of Russia on an individual basis and almost always consists of a set of documents regulating all stages of the investment process. An interesting feature of this operation is that it has a gratuitous nature of use, because. self-government bodies do not have civil obligations to the investor in the form of transfer of funds.
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