A qualified investor. The letter of the law or the spirit of the law?

S. V. L’vova ()

RSUH/RGGU BULLETIN. Series Economics. Management. Law, 2020, issue 4

Abstract: The real practice in the recognizing individuals as qualified investors in one of the largest credit organizations – PJSC NB TRUST is considered in this article from the position of a doctrinal interpretation of one of the most difficult categories of civil law – the circumvention of the law. Considering the principles of the qualification laid down by the “spirit of the law†from the perspective of applying the formula: investor- an investor is a qualified investor, the author shows the inconsistency of the existing practice in the recognizingтindividuals as qualified investors, when ordinary investors using the mechanism of the formal compliance with the law – “letters of the law†were recognized as qualified as investors.

Date: 2020
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Persistent link: https://EconPapers.repec.org/RePEc:aca:journl:y:2020:id:284

DOI: 10.28995/2073-6304-2020-4-128-137

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