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Goncharova M.V. Fund as a Unitary Non-Commercial Organization

Goncharova Marina Vyacheslavovna

Doctor of Economic Sciences, Professor, Department of Economics, Volgograd Branch of Russian State Trade and Economic University named after G.V. Plekhanov

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Abstract. The author investigates the legal body - a non-commercial organization which can be established in the organizational legal form of fund. Legal bodies are considered to be unitary when their founders do not become their participants and do not acquire membership rights. The newly adopted legislative provision - art. 65.1. "Corporate and unitary legal bodies" of the Civil Code of RF refers funds to the unitary legal bodies. The unitary legal body possesses the property of the indivisible integrity. This type of organization does not involve participants, members, fund investors, shareholders in contrast to corporate legal bodies. According to the author, the special Federal law "On the investment funds" of November 29, 2001 no. 156-FZ inadmissibly contradicts the Civil Code of RF, since it is impossible to declare that the fund as a noncommercial unitary legal body is not a legal body. At the same time, the author agrees that collective investors unite their property into the single complex for more efficient investment (making high profit). This property by itself, delimited from any other property of any other persons, is not actually a legal body. However, the new contradiction arises - joint-stock investment fund and share investment fund are established by the group of investors to make profit. The legislator of highly mentioned law attempted to delimit the property of the group of investors from the property of any other persons. But there is no need to distort the regulations of the Civil Code of RF on unitary legal bodies. The author proposes to make amendments in the Federal law "On the investment funds" of November 29, 2001 no. 156-FZ by changing the term "joint-stock investment fund" to "joint-stock investment corporation", as well as changing the term "share investment fund" to "share investment asset complex".

Key words: purposes, non-commercial, public, social, founder, fund, body, unitary legal body.

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