Archive for June, 2014

Nikopol Ferroalloy Plant

What we can give a legal assessment of the situation? Control exercised by the owners of capital do not, there is not nothing but a gross violation of property rights, the invasion of the exclusive competence of the owner. Non-proprietary control center is actually usurping the powers of the owners, regardless of the will of the latter. At the same time, usurping rights of owners of such control center reserves responsibility as owners of the burden of owning property. In fact, non-proprietary controls the group manages other people's capital, without bearing any legal responsibility! Why not a stimulus for capture? Much more complicated to deal with public companies, where shareholders are not legally the owner, that is their right in relation to the AO are not absolute (in rem) and relative (Obligations) character. In this case, legally the exclusive rights to control the AO have no shareholders or senior managers, nor any other group. The uncertainty of control rights in the AO phenomenon gives rise to the existence of de jure control and de facto control.

De jure control belongs to the owner of a controlling stake and de facto control may be in the hands of one owner or another person, who established dominance over the AO, not only by buying shares, but also with by indirect methods. A good example of where a majority is in one person, and the actual control is exercised by another person, is of "Nikopol Ferroalloy Plant." For example, if a Group 'Interpipe' controlling real control over the enterprise belongs to the owner of a blocking stake – a group of 'Private'. That in the absence of clearly defined rights to control the corporation is the root cause of the fact that corporations are much more likely than other business structures, there are 'battle for ownership', including the raider attacks. Chain of logic here is simple and obvious: the lack of shareholder status Legal owners as – lack of clearly defined rights of control – the competition for control of the AO – permanent battle for him to obtain …