AGREEMENT AS A FORM OF SECURING RIGHTS AND DUTIES OF THE SUBJECT COMPOSITION OF RELATIONS ON CORPORATE INVESTMENT

Problem setting. The article is devoted to the research of the problematic aspects of contractual regulation of corporate investment. The notion of an agreement in the sphere of corporate investment is determined. We should understand it as a civil contract concluded between the subjects of corporate investment (investor and corporate fund, investor and a company on managing assets, subjects of corporate investment and individuals providing corporate investment, which establish mutual subjective rights and legal duties of the parties concerning realization of corporate investment (placement and use of investments for obtaining profit or achieving another objective) and / or realizing activities that affect corporate investment. Target of research. The author determined signs of an agreement in the sphere of corporate investment. These signs in the sphere of corporate investment must include: first, as the result of the contractual structures directed on realizing the corporate investment the investor transfers certain values to the ownership of the recipient ? corporate fund or company on managing assets; secondly, the purpose of the agreement in realizing corporate investment is obtaining profit or realizing activities that advance the implementation of corporate investment. Article’s main body. Classification of agreements in the sphere of corporate investment is realized. Agreements in the sphere of corporate investment can be classified into contracts concluded for the purpose of corporate investments and contracts concluded with the aim to ensure corporate investment. The first group may include: agreements for purchasing securities; agreements for the acquisition (transfer) rights certified by securities; agreements on transfer the property into ownership or use for the purpose of realizing corporate investment; agreements on managing assets of corporate fund with a company on managing assets. The second group of agreements that ensure realization of corporate investment may include: an agreement with the depositary; an agreement with the auditor; an agreement with the custodian; an agreement with an independent property appraiser. The subject of these agreements is provision of certain services. The general characteristics of agreements in the sphere of corporate investment are provided. Based on the analysis of legal regulation of agreements in the sphere of corporate investment and doctrinal developments of scholars in the law area the legal nature of contractual structures that provide corporate investment is found out. Conclusions and prospects for the development. Contractual structures that mediate the activity in the sphere of corporate investment have civil and legal nature, because they contain all the above components. First of all, the basis of legal relations’ origin in corporate investment is a legal fact ? conclusion of an investment agreement.