Financial industrial groups fg. Financial and industrial group

FINANCIAL AND INDUSTRIAL GROUP (FPG)

totality legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets (participation system) on the basis of an agreement on the creation of financial industrial groups for the purpose of technological or economic integration for the implementation of investment and other projects and programs aimed at increasing competitiveness and expanding sales markets goods and services, increasing production efficiency, creating new jobs.

The year of the appearance of the first financial industrial groups in the Russian Federation should be considered 1994 - the time of large-scale privatization. The need to maintain existing economic ties, long-term pooling of capital and labor resources to conduct certain activities has overpowered the tendency to formally separate organizations previously associated

the roof of one production association or even one state enterprise.

December 5, 1993 The President of the Russian Federation signed Decree No. 2096 "On the creation of financial and industrial groups in Russian Federation" (currently no longer in force), which approved the Regulations on FIGs and the procedure for their creation. According to clauses 1 and 2 of the Regulations, FIGs recognized a group of enterprises, institutions, organizations, financial institutions and investment institutions registered in accordance with the Regulations, an association capital of which was produced in the manner and under the conditions provided for by the Regulations. Participants in financial industrial groups could be any legal entities, including foreign ones, which could be created: voluntarily;

by consolidating by one group member the blocks of shares of other participants acquired by it; by decision of the Council of Ministers - Government of the Russian Federation;

based on intergovernmental agreements.

It was with intergovernmental agreements that the creation and activities of financial industrial groups began. March 28, 1994 in Moscow, an Agreement was signed between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the basic principles of creating Russian-Kazakh financial and industrial groups; September 9, 1994 in Almaty - Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the creation of an interstate financial and industrial group, etc.

The formation of financial industrial groups on a voluntary basis or in the order of consolidation of blocks of shares was carried out by: establishing by the group members an open-type joint stock company in the manner prescribed by the legislation of the Russian Federation; transfer by group members of their owned blocks of shares of enterprises and financial institutions included in the group into trust management to one of the group members; acquisition by one of the group members of stakes in other enterprises, as well as institutions and organizations becoming members of the group.

The Council of Ministers - the Government of the Russian Federation, taking into account the antimonopoly legislation of the Russian Federation, determined the size of blocks of shares, the transfer to trust management or acquisition of which led to the formation of financial industrial groups.

The use of the phrase “Financial Industrial Group” in the name of an enterprise, institution, or organization was allowed only in cases where the status of this group was confirmed by a corresponding entry in the Register of Financial Industrial Groups of the Russian Federation.

A distinctive feature of this stage of the creation of financial industrial groups was the possibility of introducing an expert element into the notification procedure for their creation. Despite the fact that FIG was by its nature an ordinary association of legal entities, the possibility of creating such could be made dependent on the positive conclusion of an interdepartmental expert group created by the Ministry of Economy of the Russian Federation, the Ministry of Finance of the Russian Federation and the State Attestation Commission.

Financial industrial groups according to the Federal Law of the Russian Federation dated November 30, 1995 No. 190-FZ “On Financial and Industrial Groups” can be created only in two ways - either by acquiring shares (shares) of each other in such a ratio that leads to the emergence of a system of relations between the main and subsidiaries, or the creation of a special joint-stock company (central company) for the management of the financial industrial group. In the first case, the participants of the financial industrial group are the main and subsidiaries, in the second - the joint-stock company and its founders. The central company is created and registered before the creation of the financial industrial group in accordance with the general procedure.

Financial industrial groups may include commercial and non-profit organizations, including foreign ones, with the exception of public and religious organizations(associations); However, participation of a legal entity in more than one financial and industrial group is not allowed. Among the participants of the financial industrial group, there must be organizations operating in the production of goods and services, as well as banks or other credit organizations. Subsidiaries business companies and enterprises can be part of a financial industrial group only together with their main company (unitary founding enterprise). FIG participants can be investment institutions, non-state pension and other funds, insurance organizations, whose participation is determined by their role in ensuring the investment process in the FIG.

The set of legal entities forming a financial industrial group acquires such status by decision of the Ministry of Industry on its state registration. For state registration, the central company of the financial-industrial group (and when creating a financial-industrial group through mutual participation - participants of the financial-industrial group) submits the following documents to the authorized state body:

application for the creation of a financial industrial group; agreement on the creation of financial and industrial groups (with the exception of financial and industrial groups formed by the main and subsidiary companies); notarized copies of the registration certificate, constituent documents, copies of registers of shareholders (for JSC) of each of the participants, including the central company of the financial industrial group;

organizational project: notarized and legalized constituent documents foreign participants; MAP conclusion. The Government of the Russian Federation may establish additional requirements for the composition of submitted documents. The decision on state registration of financial industrial groups is made on the basis of an examination of the submitted documents.

The agreement on the creation of a financial industrial group must determine: the name of the financial industrial group; procedure and conditions for establishing the central company of a financial industrial group; the procedure for the formation, scope of powers and other conditions for the activities of the board of governors; the procedure for making changes to the composition of financial industrial group participants; volume, procedure and conditions for combining assets; the purpose of uniting participants; duration of the contract. Other conditions are established by the participants based on the goals and objectives of the FIG and compliance with the legislation of the Russian Federation.

The organizational project of a financial industrial group is a package of documents submitted by the central company to the authorized state body and containing the necessary information about the goals and objectives, investment and other projects and programs, the expected economic, social and other results of the financial industrial group, as well as other information necessary to make a decision on registration.

The State Register of Financial Industrial Groups is a unified data bank containing the necessary information on the state registration of financial industrial groups. The composition of information and the structure of the register are determined by the Government of the Russian Federation.

The management and conduct of the affairs of a financial industrial group is carried out either by the Board of Governors (when creating a financial industrial group through a participation system) or by a central company. The Board of Governors consists of representatives of all participants of the financial industrial group. The appointment of a representative to the council is carried out by decision of the competent management body of the financial industrial group participant. The competence of the board of governors is established by the agreement on the creation of the financial industrial group.

The central company of the financial industrial group makes decisions on issues within its competence in the manner established by the legislation on joint stock companies.

Participants of financial industrial groups engaged in the production of goods and services can be recognized as a consolidated group of taxpayers; they can also maintain summary (consolidated) accounting, reporting and balance sheets of financial industrial groups; for the obligations of the central company arising as a result of participation in the activities of the financial industrial group. its participants bear joint liability.

FIG has the right to count on state support their activities by decision of the Government of the Russian Federation, and specifically for: a) offsetting the debt of a financial industrial group participant. whose shares are sold at investment competitions (auctions), in the amount of investments provided for by the terms of investment competitions (auctions) for the buyer - the central company of the same financial industrial group; b) granting participants of the financial-industrial group the right to independently determine the terms of depreciation of equipment and the accumulation of depreciation charges with the use of the received funds for the activities of the financial-industrial group;

c) transfer to the trust management of the central company of a financial-industrial group of blocks of shares of participants of this financial-industrial group temporarily assigned to the state: d) provision of guarantees to attract various types of investments; e) provision of investment loans and other financial support for the implementation of financial industrial groups projects. Organs state power subjects of the Russian Federation have the right, within their competence, to provide additional benefits and guarantees to financial industrial groups. Central Banks can be provided to banks - participants of the financial industrial group, carrying out transactions in it investment activity, benefits providing for a reduction in mandatory reserve standards, changes in other standards in order to increase their investment activity.

A financial industrial group is considered liquidated from the moment the registration certificate expires and is removed from the register. A financial-industrial group is liquidated in the following cases: all participants of the financial-industrial group make a decision to terminate its activities; the entry into force of a court decision invalidating the agreement on the creation of a financial industrial group; a violation of the legislation of the Russian Federation during the creation of a financial industrial group established by a court decision that has entered into legal force; expiration of the agreement on the creation of a financial industrial group. if it is not extended by the participants of the financial-industrial group: the Government of the Russian Federation makes a decision to terminate the certificate of registration of the financial-industrial group due to the non-compliance of its activities with the terms of the agreement on its creation and the organizational project.

The obligations of the participants of a financial industrial group to fulfill the agreement on the creation of a financial industrial group in the event of its liquidation are valid, since this does not contradict the Federal Law and the Civil Code of the Russian Federation. Belov V. A.


Encyclopedia of Lawyer. 2005 .

See what "FINANCIAL AND INDUSTRIAL GROUP" is in other dictionaries:

    A set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets on the basis of an agreement on the creation of a financial industrial group for the purpose of technological or... ... Financial Dictionary

    Financial and industrial group- (English financial and industrial group) in the Russian Federation, a set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets (participation system) on the basis of an agreement on ... ... Encyclopedia of Law

    See Financial Industrial Group Dictionary of business terms. Akademik.ru. 2001... Dictionary of business terms

    See FINANCIAL INDUSTRIAL GROUP. Raizberg B.A., Lozovsky L.Sh., Starodubtseva E.B.. Modern economic dictionary. 2nd ed., rev. M.: INFRA M. 479 p.. 1999 ... Economic dictionary

    Financial and industrial group- a set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets (participation system) on the basis of an agreement on the creation of a financial industrial group for the purpose of... ... Official terminology

    Legal dictionary- in accordance with Art. 2 of the Law of June 4, 1999 On financial industrial groups, a financial industrial group is considered to be an association of legal entities (group members) carrying out economic activity based on the agreement on the creation... ... Legal Dictionary of Modern Civil Law

    financial and industrial group- (FIG) according to the legislation of the Russian Federation, a set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets (participation system) on the basis of an agreement on the creation of a FIG (Federal Law On... ... Large legal dictionary

    Financial and industrial group- a set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets (participation system) on the basis of an agreement on the creation of a financial industrial group for the purpose of ... Administrative law. Dictionary-reference book audiobook


In the 90s XX century As a result of large-scale processes of privatization of state-owned enterprises in Russia, the collapse of industrial and production associations began, which led to the disintegration of the economy. One of the main prerequisites for the legislative regulation of associations of legal entities in the form of financial and industrial groups was the recognition of the necessity of functioning in the economy of our country along with small and medium-sized business structures of large industrial and economic complexes. Since it is large structures that ensure the competitiveness of the products of enterprises in knowledge-intensive industrial sectors and intensify the processes of investment in the spheres of the real economy.

Financial industrial groups(hereinafter referred to as FIGs) are often called “special economic zones”, since they allow you to minimize many risks and obtain profitable tax regime. FIGs are also quite attractive for foreign investors. In Russia there are now about 100 officially registered financial and industrial groups (Interros, Nizhny Novgorod Automobiles, Mostatnafta, Magnitogorsk Steel, Sibagromash, etc.), and there are several times more unofficial groups (for example, "Alfa Group"). At their core, many business associations meet all the characteristics of a financial-industrial group, but are not such because they have not gone through the state registration process.

Financial and industrial groups are created in all member states of the CIS, but in Western economies this special organizational type of association is absent. Foreign analogues of domestic financial industrial groups can be considered related enterprises or concerns in Germany, groups of partnerships in France, holding companies in the UK and the USA. The essence of such entities is that it is an association of participants that does not have the status of a legal entity, which is based on economic subordination and control of one participant over others.

Currently, the main regulatory act regulating the organization and activities of financial and industrial groups is the Law on Financial and Industrial Groups.

A financial-industrial group is a set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets on the basis of an agreement to create a financial industrial group for the purpose of technological or economic integration for the implementation of investment and other projects and programs aimed at increasing competitiveness and expansion of markets for goods and services, increasing production efficiency, creating new jobs.

From the legal definition of a financial-industrial group it follows that it is not one of the organizational and legal forms of legal entities. The impossibility of giving financial-industrial groups the status of a legal entity is due to the desire to preserve for their participants the legal personality of a legal entity, ensuring the conduct entrepreneurial activity. Despite the absence of a financial industrial group as a complex formation of a set of rights and obligations inherent in a legal entity, it is possible to note certain elements of the legal personality of a financial industrial group in relations regulated by antimonopoly and tax legislation.

Firstly, group members involved in production can be recognized as a consolidated group of taxpayers, i.e. a single subject of tax legal relations.

Secondly, in Art. 20 of the Tax Code of the Russian Federation contains the concept of “interdependent persons”, which, among other things, can be organizations if one of them is involved in authorized capital another and the total share of such participation is more than 20%. Selecting a category related parties turned out to be necessary for the tax authorities to be able to exercise control over pricing in transactions carried out between related parties. The use of “transfer pricing” between participants in business associations makes it possible to underestimate the tax base, which, of course, does not meet the interests of the state. Hence, tax authorities control interdependent persons as a single entity.

From the point of view of antimonopoly legislation, group members, even if they are formally autonomous (independent) legal entities, are integral parts of the overall structure, are managed from a single center and are engaged in entrepreneurial activities to achieve the interests of the group as a whole. Therefore, in antimonopoly legislation, financial industrial groups are recognized as a single economic entity.

Based on the forms of production and economic integration, a distinction is made between “vertical”, “horizontal” financial and industrial groups and conglomerates. According to statistics in Russia, the majority of registered financial and industrial groups differ vertical type associations (groups “Aerofin”, “Defensive Style”). Horizontal integration involves the merger of enterprises focused on producing homogeneous products (Rosstroy, BelRusAvto groups). Conglomerates are considered the most stable form of association, which has enterprises in different, unrelated business sectors, in order not to depend on economic situation in a separate industry (United Industrial Construction Company group).

Based on industry affiliation, it is customary to distinguish industry and inter-industry groups; according to the degree of business diversification - single-industry and multi-industry; by scale of activity - regional, interregional and interstate (transnational). Financial and industrial groups are considered transnational if among their participants there are legal entities that are under the jurisdiction of the CIS member states, or have divisions on the territory of these states, or carry out activities there capital construction. A transnational company created on the basis of an intergovernmental agreement acquires the status of an interstate financial and industrial group.

Participants in a financial-industrial group can build their relationships in two ways: either as interaction between the main and subsidiaries, or as interaction on the terms of full or partial unification of their tangible and intangible assets. In the first case, we are dealing with an actual holding model, when the main (parent) company has the opportunity through its block of shares (shares) in subsidiaries, i.e. by virtue of the predominant participation in their authorized capital, manage the activities of each of them. We can say that the financial industrial group of the first type is a business association based on a “participation system”, economic subordination and corporate control. In such an association, the main company performs the functions of a central company, through which, in essence, the activities of the group as a whole are conducted.

The financial industrial group of the second type is a voluntary contractual entrepreneurial association of legal entities independent from each other. According to statistics, the majority of registered (official) financial and industrial groups are created precisely according to the type of association based on an agreement; they are sometimes referred to as "soft non-holding corporations" or "contractual holdings." A financial-industrial group of this type is created by concluding an agreement on the creation of a financial industrial group by group members, in accordance with which a central company is established. That is, the central company, in fact, is a subsidiary or dependent company in relation to all participants of the financial industrial group. By its legal nature, the agreement on the creation of a financial and industrial group is a type of simple partnership agreement (Articles 1041-1054 of the Civil Code of the Russian Federation).

Current legislation provides for a number of restrictions on participation in a financial and industrial group.

Thus, state and municipal unitary enterprises can be part of financial industrial groups on conditions determined by the owner of the property. The financial and industrial group involves the combination of tangible and intangible assets, but unitary enterprise, not having the right of ownership to the property assigned to him, cannot independently dispose of his assets; he requires coordination of his transactions with the owner of the property. However, despite these restrictions, in Russia more than 10% of total number Participants of all registered financial and industrial groups are enterprises of the public sector of the economy.

Subsidiaries can be part of a financial and industrial group only together with their main company. Decisions, actions, transactions of subsidiaries can be quite strictly predetermined by the main (parent) companies. Therefore, a situation cannot be ruled out in which a subsidiary will be forced to choose between the decisions of the governing bodies of the financial industrial group and the main (parent) company that are mandatory for it, but contradictory to each other. Thus, this limitation is due to the desire to ensure proper controllability in the execution of decisions in the financial industrial group system by its participants.

Legislation prohibits a legal entity from participating in more than one financial and industrial group. This restriction prevents monopolization of the market, since groups with the same composition of participants do not create conditions for free competition. However, it is obvious that participants of financial industrial groups have the right to be members of other types of associations, for example, banking groups.

Public and religious associations cannot be participants in financial and industrial groups, since the goals of the activities of these organizations (taking into account restrictions on engaging in business) do not imply the possibility of their participation in industrial and financial complexes.

Regardless of the type of financial and industrial group organized (holding or contractual association), it consists of obligatory and initiative (optional) participants. Mandatory participants in the financial and industrial group are enterprises operating in the field of production, as well as banks and credit organizations. Manufacturing enterprises are assigned the functions of manufacturing and releasing commercial products or providing services; banks or credit organizations are assigned the role of investment structures.

As optional participants, financial industrial groups may include investment funds, insurance companies, non-state pension funds, as well as any other organizations.

The first stage of creating a financial and industrial group is the development of its local acts. In all types of financial industrial groups, mandatory local documents include the organizational project of the group, i.e. a package of documents containing the necessary information about the goals and objectives, investment and other projects and programs, the expected economic, social and other results of the financial industrial group. An organizational project usually includes explanatory note and a feasibility study for the future activities of the FIG.

In the case of a contractual type of merger into a financial-industrial group, local documents also include the agreement on the creation of a financial industrial group and the charter of the central company. The agreement on the creation of a financial industrial group is a type of agreement on joint activities(simple partnership). Along with the essential conditions mandatory for a simple partnership agreement, it must contain information about the name of the financial-industrial group, the procedure and conditions for the establishment of the central company, the procedure for formation, the scope of powers of the board of directors of the financial-industrial group, the procedure for making changes to the composition of participants, the volume, procedure and conditions for combining assets , the purpose of the association of participants, the duration of the agreement. Other terms of the agreement on the creation of a financial-industrial group are established by the participants based on the goals and objectives of a particular financial-industrial group, taking into account industry, regional and other specifics.

The financial and industrial group is registered by a central company, which, being a separate legal entity, is created and registered earlier than the group itself. The group is registered by the Ministry of Economic Development and Trade of the Russian Federation in a separate state register.

To register, the central company of a financial-industrial group submits an application for registration, an agreement on the creation of a financial-industrial group (an agreement is not required if the group is formed as a combination of main and subsidiary companies), notarized copies of registration certificates, constituent documents, copies of registers of shareholders of each of the participants, including the central company, organizational project, notarized and legalized documents of foreign group members. In addition, it is necessary to submit a conclusion from the Federal Antimonopoly Service confirming that the creation of a financial and industrial group will not lead to restriction of competition in product or financial markets.

After examination of the submitted documents, state registration of the financial and industrial group is carried out.

Financial and industrial groups are a number of enterprises united general structure management and source of lending, which is usually a bank. The companies included in the financial industrial group do not necessarily represent the interests of a particular industry. They can perform various functions on the market, producing dissimilar products. However, all capital investments are made from a single source. In addition, FIGs are concerns, sometimes a group of concerns, the majority of shares of which belong to one private person who determines the development strategy for all

Visible autonomy and structure

Formally, from a legal point of view, such enterprises operate autonomously from each other. At the same time, having external management and financing, they form what we used to call “financial-industrial groups”. What is characteristic is that, despite all the apparent autonomy, companies are focused on performing a specific task, which may not be directly related to the requirements for growth of economic income. Financial capitalization often occurs through the concentration of completely different resources.

Financial-industrial groups integrate the efforts of legal, insurance, financial companies, several alternative media resources and, of course, technology production. What can they have in common, other than the owner’s banal desire to earn a little money? Obviously politics. It’s just that at a certain level of business development, it is no longer so much judicial and legal as political and instrumental guarantees of preserving the inviolability of accumulated capital. And this is only possible if industrial, financial, banking and other types of capital are transformed into political capital, that is, into power. As a matter of fact, the activities of any financial and industrial group are aimed at solving such a problem.


  • Industrial financial and industrial groups are industrial associations operating on the principle of a concern. It is a rare case that such groups include the advantages of an enterprise of the same
  • Classic financial and industrial groups are associations created on a contractual basis and creating a management company as a basic unit. All structural units of the financial industrial group retain their previous

Financial and industrial groups in Russia

In principle, financial industrial groups are a purely Russian phenomenon, which appeared thanks to the corresponding Russian Federation back in the second half of 1993. Initially, it was assumed that by creating such groups, the state would be able to quickly free itself from a series of unmanageable and, by and large, unprofitable post-Soviet enterprises, and somehow streamline unhealthy competition that was wild in nature. However, the mechanism for creating financial industrial groups did not involve the formation of “friendly integration” mechanisms, which provoked the emergence of super players who occupied a dominant position in various market niches. Thus, instead of a controlled competitive environment, total monopolies were created, controlling entire industries and sectors of the economy. And this, in turn, led to an equally strong dependence of companies on the activities government agencies. It was thanks to the creation of their own political projects that they began to create the “necessary” lobbying political and

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Financial and industrial group (FIG)

FINANCIAL-INDUSTRIAL GROUP (FIG) - a set of legal entities operating as main and subsidiary companies or who have fully or partially combined their tangible and intangible assets (participation system) on the basis of an agreement on the creation of a financial industrial group for the purpose of technological or economic integration for the implementation of investment and other projects and programs aimed at increasing competitiveness and expanding markets for goods and services, increasing production efficiency, and creating new jobs.

The year of the appearance of the first financial industrial groups in the Russian Federation should be considered 1994 - the time of large-scale privatization. The need to preserve existing economic ties, long-term pooling of capital and labor resources to conduct certain activities overpowered the tendency to formal separation of organizations previously connected by the roof of one production association or even one state enterprise.

On December 5, 1993, the President of the Russian Federation signed Decree No. 2096 “On the creation of financial and industrial groups in the Russian Federation” (currently no longer in force), which approved the Regulations on financial industrial groups and the procedure for their creation. According to clauses 1 and 2 of the Regulations, FIGs were recognized as a group of enterprises, institutions, organizations, credit and financial institutions and investment institutions registered in accordance with the Regulations, the combination of capital of which was carried out in the manner and under the conditions provided for by the Regulations. FIG participants could be any legal entities, including foreign ones.

FIGs could be created:

On a voluntary basis;

By consolidating by one group member the blocks of shares of other participants acquired by it;

By decision of the Council of Ministers - the Government of the Russian Federation;

Based on intergovernmental agreements.

It was with intergovernmental agreements that the creation and activities of financial industrial groups began. On March 28, 1994, an Agreement was signed in Moscow between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the basic principles of creating the Russian Federation. - Kazakh financial and industrial groups; September 9, 1994 in Almaty - Agreement between the Government of the Russian Federation and the Government of the Republic of Kazakhstan on the creation of an interstate financial and industrial group, etc.

The formation of financial industrial groups on a voluntary basis or through the consolidation of shareholdings was carried out by:

Establishment by group members of open-type joint-stock companies in the manner prescribed by the legislation of the Russian Federation;

Transfer by group members of their owned blocks of shares of enterprises and financial institutions included in the group into trust management to one of the group members;

Acquisition by one of the group members of stakes in other enterprises, as well as institutions and organizations that become members of the group.

The Council of Ministers - the Government of the Russian Federation, taking into account the antimonopoly legislation of the Russian Federation, determined the size of blocks of shares, the transfer to trust management or acquisition of which led to the formation of financial industrial groups.

The use of the phrase “FIG” in the name of an enterprise, institution, or organization was allowed only in cases where the status of this group was confirmed by a corresponding entry in the Register of FIGs of the Russian Federation.

A distinctive feature of this stage of the creation of financial industrial groups was the possibility of introducing an expert element into the notification procedure for their creation. Despite the fact that FIG was by its nature an ordinary association of legal entities, the possibility of creating such could be made dependent on the positive conclusion of an interdepartmental expert group created by the Ministry of Economy of the Russian Federation, the Ministry of Finance of the Russian Federation and the State Attestation Commission.

Financial-industrial groups in accordance with the Federal Law of the Russian Federation dated November 30, 1995 No. 190-FZ “On Financial and Industrial Groups” can be created only in two ways - either by acquiring shares (shares) of each other in such a ratio that leads to the emergence of a system of relations between the main and subsidiaries , or the creation of a special joint-stock company (central company) for the management of the financial industrial group. In the first case, the participants of the financial industrial group are the main and subsidiary companies, in the second - the joint-stock company and its founders. The central company is created and registered before the creation of the financial industrial group in accordance with the general procedure.

Financial industrial groups may include commercial and non-profit organizations, including foreign ones, with the exception of public and religious organizations (associations). However, participation of a legal entity in more than one financial and industrial group is not allowed. Among the participants of the financial industrial group, there must be organizations operating in the production of goods and services, as well as banks or other credit organizations. Subsidiary business companies and enterprises can be part of a financial industrial group only together with their main company (unitary founding enterprise). FIG participants can be investment institutions, non-state pension and other funds, insurance organizations, whose participation is determined by their role in ensuring the investment process in the FIG.

The set of legal entities forming a financial industrial group acquires such status by decision of the Ministry of Industry on its state registration. For state registration, the central company of the financial-industrial group (and when creating a financial-industrial group through mutual participation - participants of the financial-industrial group) submits the following documents to the authorized state body:

Application for the creation of a financial industrial group;

Agreement on the establishment of a financial industrial group (with the exception of financial industrial groups formed by the main and subsidiary companies);

Notarized copies of the registration certificate, constituent documents, copies of registers of shareholders (for JSC) of each of the participants, including the central company of the financial industrial group;

Organizational project;

Notarized and legalized constituent documents of foreign participants;

MAP conclusion.

The Government of the Russian Federation may establish additional requirements for the composition of submitted documents. The decision on state registration of financial industrial groups is made on the basis of an examination of the submitted documents.

The agreement on the creation of a financial industrial group must determine:

FIG name;

The procedure and conditions for establishing the central company of a financial industrial group;

The procedure for the formation, scope of powers and other conditions for the activities of the board of governors;

The procedure for making changes to the composition of financial industrial group participants;

Volume, procedure and conditions for combining assets;

The purpose of the association of participants;

Duration of the contract.

Other conditions are established by the participants based on the goals and objectives of the FIG and compliance with the legislation of the Russian Federation.

The organizational project of a financial industrial group is a package of documents submitted by the central company to the authorized state body and containing the necessary information about the goals and objectives, investment and other projects and programs, the expected economic, social and other results of the financial industrial group, as well as other information necessary to make a decision on registration.

The State Register of Financial Industrial Groups is a unified data bank containing the necessary information on the state registration of financial industrial groups. The composition of information and the structure of the register are determined by the Government of the Russian Federation.

The management and conduct of the affairs of a financial industrial group is carried out either by the Board of Governors (when creating a financial industrial group through a participation system) or by a central company. The Board of Governors consists of representatives of all participants of the financial industrial group. The appointment of a representative to the council is carried out by decision of the competent management body of the financial industrial group participant. The competence of the board of governors is established by the agreement on the creation of the financial industrial group.

The central company of the financial industrial group makes decisions on issues within its competence in the manner established by the legislation on joint stock companies.

Participants of financial industrial groups engaged in the production of goods and services may be recognized as a consolidated group of taxpayers; they can also maintain summary (consolidated) accounting, reporting and balance sheets of financial industrial groups; for the obligations of the central company arising as a result of participation in the activities of the financial industrial group, its participants bear joint liability.

FIGs have the right to count on state support for their activities by decision of the Government of the Russian Federation, and specifically on:

a) offset of the debt of a financial-industrial group participant whose shares are sold at investment competitions (biddings) to the amount of investments provided for by the terms of investment competitions (biddings) for the buyer - the central company of the same financial-industrial group;

b) granting participants of the financial-industrial group the right to independently determine the terms of depreciation of equipment and the accumulation of depreciation charges with the use of the received funds for the activities of the financial-industrial group;

c) transfer to the trust management of the central company of a financial-industrial group of blocks of shares of participants of this financial-industrial group temporarily assigned to the state;

d) providing guarantees to attract various types of investments;

e) provision of investment loans and other financial support for the implementation of financial industrial group projects. State authorities of the constituent entities of the Russian Federation have the right, within their competence, to provide additional benefits and guarantees to financial industrial groups. The Central Bank may provide banks - participants of the financial industrial group, carrying out investment activities in it, with benefits that provide for a reduction in mandatory reserve requirements, changes in other standards in order to increase their investment activity.

A financial industrial group is considered liquidated from the moment the registration certificate expires and is removed from the register.

FIG is liquidated in the following cases:

The adoption by all participants of the financial industrial group of a decision to terminate its activities;

The entry into force of a court decision to invalidate the agreement on the creation of a financial industrial group;

A violation of the legislation of the Russian Federation during the creation of a financial industrial group established by a court decision that has entered into legal force;

Expiration of the agreement on the creation of a financial-industrial group, if it is not extended by the participants of the financial-industrial group;

The adoption by the Government of the Russian Federation of a decision to terminate the registration certificate of a financial industrial group due to the non-compliance of its activities with the terms of the agreement on its creation and the organizational project.

The obligations of the participants of a financial industrial group to fulfill the agreement on the creation of a financial industrial group in the event of its liquidation are valid, since this does not contradict the Federal Law and the Civil Code of the Russian Federation.

Belov V. A.

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