Legal Regulation of Processes of Merger and Acquisition of Enterprises of Ukraine

Tiulenieve Iuliia V. ()
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Tiulenieve Iuliia V.: National Technical University of Ukraine "Kyiv Polytechnic Institute"

Business Inform, 2013, issue 9, 49_54

Abstract: The goal of the article lies in the study of regulatory and legal basis of regulation of the processes of acquisition and merger of domestic enterprises, since the issues of merger and acquisition are contradictory aspects of market environment development. Analysing scientific developments of domestic and foreign scientists and comparing them with the legal basis of regulation of merger and acquisition transactions, the article revealed absence of the acquisition notion and its replacement with the joining notion and partially contradictory interpretation of the merger notion. The article studies legal aspects of regulation of joint stock companies activity in the process of merger and joining. It detects that this procedure is the most detailed just for corporate capital, i.e. joint stock companies. Moreover, another type of corporate relationship - corporation - cannot participate in the process of merger, since it is a union of enterprises. It is established that "union of enterprises" and "merger" are not equal notions. The article identifies stage-by-stage passing through operations of merger and joining for joint stock companies, reveals absence of standard documents for their successful passing, in particular, a transfer act. The article establishes that merger and joining is interpreted in different laws either as a type of re-organisation or as concentration of an enterprise. All the above creates a risky environment for carrying out merger and acquisition transactions, that is why, the prospect of further study is detection of other risks in merger and acquisition operations.

Keywords: re-organisation; merger; acquisition; joining; enterprises; joint stock companies; legal regulation (search for similar items in EconPapers)
Date: 2013
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