Russian legislation has not yet defined a clear concept of "holding", but the Civil Code of the Russian Federation contains only such concepts as "subsidiary" and "dependent company", on the basis of which scientists construct the definition of "holding".
It is necessary
- - permission of the Federal Antimonopoly Service;
- - permission of the State Property Committee;
- - consent of labor collectives of enterprises.
Instructions
Step 1
A holding is a part of an entrepreneurial association whose members, with formal legal independence, are subordinate to one of the group members - the parent organization that owns a controlling stake in its other members.
Step 2
To create a holding company, obtain the consent of the Federal Antimonopoly Service of the Russian Federation and its territorial bodies. Privatization of enterprises that will later become part of the holding, do on a general basis in accordance with the law
"On the privatization of state and municipal property."
Step 3
In the process of creating a holding, you may encounter some restrictions. established by the "Provisional Regulations on Holdings". In particular, it is prohibited to create a holding company that owns a controlling stake in enterprises producing over 35% of homogeneous or interchangeable products on the market. The creation of a holding is impossible if this step can lead to monopolization of the production of certain types of products.
Step 4
To transform an enterprise into a subsidiary, get the consent of more than half of its workforce. To do this, conduct a general meeting and record this decision in the minutes of the meeting.
Step 5
After that, if we are talking about the privatization of state and municipal property and the creation of a holding company on its basis, make a proposal to create the State Property Committee and committees for property management. In the proposal, indicate the rationale for the creation of the holding company, its goals and objectives, the list of enterprises that will be included in the future holding, information on the share of products that these enterprises produce in the federal and local markets, the draft of the constituent documents of the holding company.
Step 6
The State Property Committee and the Federal Antimonopoly Service check the submitted documents and give their consent to the formation of the holding. However, from time to time the antimonopoly service has the right to check the holding for compliance with the antimonopoly legislation and to hold the holding's management accountable for violations of the antimonopoly legislation. The preliminary consent of the Federal Antimonopoly Service is also required if new legal entities are created within the holding.
