term "affiliates" Russian legislator borrowed from foreign law (mainly Anglo-Saxon system), and first appeared in documents issued in 1992.This concept was used in a slightly different meaning than it used abroad.According to the Federal Law 948-1, regulatory matters restriction of monopolistic activities, affiliates - are organizations or individuals who are able through their actions or will have an impact on the activities of commercial enterprises and individual entrepreneurs.
Thus, the definition includes both dominant and dependent entity.Foreign same interpretation of the term affiliates looks like: a person dependent on the will and actions of others.Institute affiliated parties met in legislation regulating investment activity in the period of active privatization of the nineties of the last century.Subsequently, these documents are no longer valid, however, the use of the term affiliated companies has been widely developed in the legislation on joint stock companies, as well as on limited and additional liability.
These documents governed by a special procedure for some actions in order to avoid violation of the interests of the holders of capital of such companies.Thus, there are restrictions on certain transactions to which act of affiliated persons, transfer or acquisition of shares in the authorized capital, paid attention to the presentation of information on the composition of affiliates.What sort of signs have affiliated companies and individuals?These include members of the top management body of the company (board of directors, a collegial body), as well as Director of the Company (its sole executive body);affiliated companies are included in the same group;the combination of the first two signs - in the case of entering into a kind of group of companies affiliated to this person will be performing members of management and directors of other group companies;legal or natural persons authorized to dispose of twenty percent or more in the share capital of the person, or the same number of voting shares - also affiliated.Conversely - and that would be affiliated entity in which this company has a 20 percent stake in the share capital or the voting shares in the same amount.Special attention is given such an informal indication of how the ability to influence other than the administrative and corporate, means - it is the case when certain affiliated companies or individuals, hiding his own part in the structure of a person actually perform it volitional function - speechon the "protection racket" and other outside pressure.Legislators in 2000 attempted to publication of a separate document on affiliates (a federal law), however, the project has not been adopted in the second reading in the State Duma.
Today the concept of affiliated companies successfully used during state and other purchases on the basis of competitive procedures of a public character when purchasing documentation contains a requirement of the inadmissibility of the submission of proposals for participation in the procurement affiliates.This avoids the collusion participants and promotes transparency and fair competition.
