Affiliated Persons: Origin of the Notion and the Definition of Criteria and Application in Domestic and International Practices

The aim of the article is to investigate the origin and orthography of the notion of “affiliation”, determine the fundamental differences between national and foreign legal acts which provide state regulation of affiliated (dependent) relations between economic entities. The conducted research has shown that qualitative and quantitative criteria of control over economic entity, which are to be stated to indicate affiliated persons, do not coincide in the legislation of different countries. The reasons of dependency emergence also vary and even the names of controlled and controlling participants of economic relations are different. In most cases Ukrainian legislation determines affiliated enterprises in accordance with criteria of the participation in authorized share capital and / or management. Nevertheless as of now there is not a single notion of affiliated person to be used in all the corresponding legal acts. It is necessary to bring national legislation to the uniform terminology concerning determination of an “affiliated person” category and its definition. The further research of question regarding the affiliated (related) persons' status is needed in correlation with economic problems analysis of affiliated (dependent) relations between economic entities.