Until the entry into force of the Federal Law of June 3, 2009 N 115-FZ "On Amending the Federal Law" "and Article 30 of the Federal Law" On Securities Market ", which the Federal Law of December 26, 1995" On Joint-Stock Companies "was supplemented with Article 32.1. "Shareholder agreement" expressly specified in the law on entering into a shareholder agreement, the courts took a negative position in respect of agreements, in particular, possibility of the shareholders to manage their relationships outside of the provisions of corporate laws and articles of association or in addition to 1. Also of note is the small number, but consistently negative jurisprudence of the subordination of arbitration agreements with respect to Russian companies, foreign law. The main driven argument can not be subordinate courts arbitration agreements, foreign law is that such an agreement forming the internal relations of society, which by virtue of Art. At Viacom you will find additional information. 1202 of the Civil Code shall be governed by the law of country of incorporation of the company. As a vivid example is the arbitration practice in the case of shareholders of OJSC "MegFon N A75-3725-G/04-860/2005 entered into a shareholders agreement regulating the relations between some of the issues between the major shareholders themselves and with the company, which include questions of general meeting, functioning board of directors, executive bodies, the ban on competition and financial management, restrictions on transfer of shares and ancillary rights, and the agreement was subject to foreign law. Initially, the company appealed to the Arbitration Court of Khanty-Mansi Autonomous Okrug (Khanty), an action for annulment of the agreement Shareholders, entered August 6, 2001 between the Company, "CT-Mobile", OJSC "Telecominvest" companies "Sonera Holding BV (Sonera Holding BV), Telia International AB (Telia International AB), Telia International Management AB (Telia International Management AB) and" International IPOK Groce Fand Limited (IPOC International Growth Fund Limited), due to inadequacies of the contested shareholder agreement norms of civil legislation of the Russian Federation and Federal Law" On Joint Stock Companies ", in particular the insignificance Articles 2 – 7 11 of the Agreement by virtue of their non-compliance of the law. . .
Enlargement of markets or encourage new markets (export and utilization of treaties). 6. Creation of new forms of needs. 7.
Detection of changes in behavior and the creation of new products or innovation of existing ones. 8. To create, develop and implement new business ideas. In the case of the project of a social nature, has as central objective the overall well-being of the population with limited economic resources or pose. In that sense, seeks to provide adequate housing, education to the childhood, health at your fingertips, roads, among others, that benefits the entire community.
Each of the objectives mentioned either individually or in combination, comes from harnessing problems and opportunities market (economic type projects), or problems and opportunities of social order (social projects) identified and present at the time or who want to prevent or take advantage of taking early action. Normally, the detection of problems and/or opportunities are usually the source of the generation of ideas. Ideas, are initially conceptions mental that presume to give solution to the existing problem that is emerging, or exploit an opportunity specific important (even turn a problem into a business opportunity). Ultimately influences the generation of ideas in the entrepreneur, the in-house expertise (or successful examples of other people), knowledge and cognitive aspects of the researcher or designer. 1.3 Development phases of a project of investment life cycle of a project from private or social investment consists of three stages: pre-operation, operation and liquidation of the project. 1.3.1 Pre-operation this phase starts with the conception of the project from the discovery of a problem or opportunity to market (the conception of the Idea) until its commissioning. Initially characterized by the outflow of funds for carrying out studies and then for the implementation of the project (implementation) and is subdivided into: a. pre-investment.-this stage begins with the conception of the idea until the final analysis of the elements of judgment necessary to decide the implementation of the project. It is the phase of market studies, technical, economic and financial for to confirm the feasibility of the project. b. execution or investment-stage that understands the decisions and negotiations on definitive studies, financing, organization, selection and training of human resources, evaluation and selection of suppliers, tender, offices and plant, construction equipment plant and vehicles.
Assembly, testing and commissioning. 1.3.2 Operation in this phase all built infrastructure, equipment and acquired machinery, already hired and trained staff, working capital, suppliers of raw materials and supplies, media, marketing channels, advertising, and others come into operation, generating the returns (income of money) for the resources invested. It is therefore the operating phase, during which it is expected to achieve the goals that have given rise to the project. 1.3.3 Liquidation is the period in which the project perish and recovers all the invested capital and sold assets at their value of rescue. 1 Disciplines not necessarily mentioned are the only other disciplines can be incorporated as the need of the project of investment 2 while it is true that most of the projects, the step most important is investment, in others may be for example change of organizational structure, training, new technology, etc.