The term "affiliates" began to be actively disseminated in our country. This word is used in the vocabulary of the English language. Its appearance in Russia is associated with the continuous process of developing economic relations in the international arena, that is, enterprises conclude more and more contracts and agreements with foreign partners.
So, affiliates are a concept that implies a specific list of legal entities and individuals capable of exerting a certain impact on other economic entities conducting entrepreneurial activities. The current legislation noted that when these persons purchase shares in a company, they are obliged to provide their AO with a written notice indicating their number within 10 days. Otherwise, affiliates must transfer to the company the amount of cash in the amount of compensation damage. The entity shall keep records of such owners and report to the designated audit authorities.
There is a specific list of affiliates of a legal organization. First of all, these include members of the management team, as well as employees temporarily replacing the head of the executive body. The list of such persons automatically includes owners of shares, the specific share of which exceeds 20% of the total number, as well as citizens who have made investments in the authorized capital of the enterprise. Separately, it is worth highlighting those legal companies that are part of the financial and industrial group. In this case, the affiliate will be considered a member of the management unit, for example, the board of directors or the executive body.
The concept of "affiliates" is convenient in that it has a specific property. That is, not only represents a group of persons, but also automatically assigns them certain powers. The list of such persons of an individual entrepreneur may include those citizens to whose group an individual belongs , as well as a legal organization in which an individual entrepreneur has the preemptive right to dispose of shares in an amount exceeding 20%.
I would like to note that the presence of an affiliated relationship between entities implies the presence of personal dependence in the field of management, and the property relationship of individuals acts as a consequence of personal relationships. Current legislation has clearly set out the requirements that affiliates must comply with. The case is that non-compliance with the established obligations is not punishable by law, that is, there is practically no liability. This means that individuals can, at their discretion, decide whether to comply with the rules recommended by the government, and at the same time they are not at all afraid of committing an unlawful act.
Compiling lists of affiliates is considered a necessary and even necessary measure. This is due to the fact that the list is considered to be a documentary substantiation of the powers of a person who makes transactions with counterparties. And if the documentation is drawn up correctly, then the degree of trust from other business entities is much higher.
Based on the foregoing, we can conclude that the introduction of the term "affiliated" is more than rational. After all, he fully reveals the meaning of the relationship between persons connected by affiliated relations. In addition, due to legislative criteria, a specific list of persons and positions that automatically fall into the list can be distinguished.