FinanceInvestments

Legal regulation of foreign investments. The concept, content and essence of the investment process.

Like any country on the world stage, Russia is interested in attracting foreign investors' investments in the form of finance or material resources, the latest technology and know-how, and experience in management. Proceeding from this, the legal regulation of foreign investments is called upon to ensure the stability of the conditions for the activity of foreign investors in order to meet the challenges of observing the international legal norms of law and practice in the international arena in the field of investment cooperation.

It should be said that foreign investments can be recognized as investments of foreign capital in business objects on the territory of the Russian Federation, including attraction of foreign direct investment. It is important to note that the legal regime of foreign investment presupposes that direct investments are made through the use of capital of the following kind. This is the purchase by a foreign investor of at least ten percent of the share in the share capital of legal entities, the investment in the funds of a branch of a foreign foreign legal entity that is established on the territory of the Russian Federation. In addition, the legal regulation of foreign investment involves the implementation in the legal space of our country by a foreign investor as the lessor of leasing of fixed assets having a customs value of at least one million rubles. Legal grounds for investment activity suggest that the main objective of a direct investment is to get the investor the most effective control over the management of a commercial type organization with foreign investments.

Legal regulation of foreign investment directly indicates that the attraction of capital is realized in the configuration of money, shares, or property rights, as well as exclusive property rights for the results of the person's intellectual activity, in addition, services and information. It should be noted that the legal regulation of foreign investment is implemented by a special law, which in the concept of "investment" does not include the purpose of implementing the activity in question.

Based on the general meaning of the phenomenon under consideration, there is no reason to doubt that this activity is an area of business legal relations, accordingly, is focused on making profit. Indirectly, this can be said about the norm of the law, which does not recognize foreign investment as the formation of a representation by a foreign company in the space of our country or the investment of foreign capital into religious, charitable and other institutions, since such institutions do not have profit-making objectives. The receipt of income as the result of investment is realized, mainly, by investing in commercial organizations , forming branches of foreign companies in the territory of our country, in addition, the use of other efficient property of economic advantage in the activities of organizations and enterprises.

A branch of a foreign legal entity that is established in the territory of our country is obliged to perform all activities on behalf of the organization that created it, the main purpose, provided that the objectives of the formation and activities of the main organization have a commercial purpose. To obtain the right to conduct business activities in the legal field of our country, a branch of a foreign company must obtain permission from an authorized body under the Ministry of Justice of the Russian Federation. This is briefly about such a process as the legal basis for investment activity.

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