On the Issue of Organizational and Legal Forms of Offshore Companies: Civil Law View.

LEX RUSSICA. N 12 (Vol. XCVII). 2014. pp. 1557 - 1564

8 Pages Posted: 23 Feb 2017

See all articles by Ekaterina Tyagay

Ekaterina Tyagay

Kutafin Moscow State Law University

Date Written: December 2012

Abstract

The paper examines the main legal forms of legal entities, the use of which is characteristic of the commercial activities in «offshore» zones and jurisdictions which enable the creation of preferential tax, financial, informational and legal conditions for entrepreneurs.

The article gives a critical assessment of utilitarian and applied approaches to the study of commercial structures involved in the offshore business organization schemes. Attention is drawn to the lack of the necessary conceptual and terminological uniformity and systemacy in the area in question.

A particular emphasis is made on civil law nature of the legal form of a legal entity. The author studies various classifications of offshore organizations from these positions, analyzes key legal models of collective entrepreneurship in common law countries and civil law countries of Europe, highlights the differences between the types of organizational and legal forms of legal entities and variants of offshore businesses of one form.

The interrelation between classical legal forms of commercial legal entities and similar legal structures applied in offshore activities are considered in the vein of civil law. The author also compares them with the new models of entrepreneurship, functioning on the basis of the governing mechanisms of private law.

Keywords: offshore, company, legal entity, business, tax, taxation, corporation, commercial, civil law, private law

JEL Classification: K10, K19, K22, K34

Suggested Citation

Tyagay, Ekaterina, On the Issue of Organizational and Legal Forms of Offshore Companies: Civil Law View. (December 2012). LEX RUSSICA. N 12 (Vol. XCVII). 2014. pp. 1557 - 1564. Available at SSRN: https://ssrn.com/abstract=2921524

Ekaterina Tyagay (Contact Author)

Kutafin Moscow State Law University ( email )

Sadovaya Kudrinskaya, 9
Moscow, 123995
Russia

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