As part of a special issue on corporate law, the analytical portal Pravo.ru presented an overview of key changes in corporate law over the past six months.
One of the main topics of the issue was the regulation of foreign investment in strategic companies. In June, sweeping amendments to Law No. 57-FZ came into effect, aimed, in particular, at expanding its scope of application both in terms of the entities covered and in terms of strategic types of activities. Regulation of foreign investment in strategic enterprises.
Ilya Kozhevnikov, a senior associate at KKMP, notes that the application of the provisions of Law No. 57-FZ is complicated by the fact that the antitrust authority is not authorized to interpret its provisions (in the form of official clarifications). It can only provide specific explanations regarding its application on a case-by-case basis.
“At the same time, since appeals against transactions conducted in violation of this law are filed by another government agency—namely, the prosecutor’s office—ad hoc clarifications from the antitrust authority may prove insufficient to substantiate the position that a foreign investor or its group of persons has complied with the provisions of Federal Law No. 57,” — emphasizes Ilya Kozhevnikov
A full analysis of all trends and expert opinions is available at the link.
