Legal Regulation of Processes of Merger and Acquisition of Enterprises of Ukraine
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.
Volume (Year): (2013)
Issue (Month): 9 ()
|Contact details of provider:|| Web page: http://www.business-inform.net|
When requesting a correction, please mention this item's handle: RePEc:idp:bizinf:y:2013:i:9:p:49_54. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Alexey Rystenko)
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
If references are entirely missing, you can add them using this form.
If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.
Please note that corrections may take a couple of weeks to filter through the various RePEc services.