Investment contract: legal and other aspects

If we consider such a document as an investment agreement, then we can note that from a legal point of view it does not have a definition in the Civil Code. Such a concept is simply absent in it. Nevertheless, the documents of this plan have the right to exist in accordance with article No. 421, which admits that persons have the right to conclude contracts not provided for by the code and other regulatory acts.

investment contract

An investment agreement inherently represents an agreement between an investor and other persons in the course of their investment activities. Moreover, what “investments” can be found in the Federal Law “On Investment Activities” (published in 1999 (February 25), registered under number 39). According to this regulatory act, investments are various rights, securities, money and other property that are invested in various objects for profit.

Due to the fact that the investment agreement can be applied in various fields of activity, the procedure for its conclusion and action is regulated by numerous additional documents in the area in which the investment is planned to be made. For example, this may be legislation in the field of sale, leasing, government contracts, concession agreements , etc.

investment agreement in construction

The concept of an investment agreement also includes the definition of the circle of persons who are parties to such relations. In accordance with the fourth article of the aforementioned Law “On Investment Activities”, if investments are made in the form of capital investments, then the project participants can be directly investors and customers, as well as contractors, end users and other persons. In addition, the presence in these relations of banking, insurance, investment organizations and various suppliers is not excluded.

The most common version of such a document is an investment contract in construction. The parties to these relations are, as a rule, businessmen who have funds for housing construction, and representatives of local self-government bodies who provide land for development. The final result of such relations is constructed objects, some of which are transferred to state ownership (residential buildings or, for example, kindergarten), and some remain with the investor and sold at market prices. In addition, land objects are being put into circulation, which before that were simply idle and did not bring any income.

investment contract concept

Due to the lack of uniform standards, an investment agreement is developed for each subject of Russia individually and almost always represents a set of documents regulating all stages of the investment process. An interesting feature of this operation is that it is free to use, because self-government bodies do not have civil obligations to the investor in the form of a transfer of funds.

Source: https://habr.com/ru/post/B11928/


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