If we consider such a document asinvestment agreement, it can be noted that from a legal point of view it is not defined in the Civil Code. This concept is simply absent. Nevertheless, the documents of this plan have the right to exist in accordance with Article No. 421, which assumes that persons have the right to conclude contracts not provided for by the code and other regulatory acts.
The investment contract is essentiallyagreement between the investor and other persons in the implementation of investment activities. At the same time, it is possible to learn about what “investment” is from the Federal Law “On investment activity” (published in 1999 (February 25), registered under number 39). According to this regulatory act, investments are various rights, securities, money and other property that are invested in various objects for profit.
Due to the fact that the investment agreement mayapplied in various fields of activity; the procedure for its conclusion and actions is regulated by numerous additional documents in the field in which it is planned to make investments. For example, it may be legislation in the sphere of sale and purchase, leasing, government contracts, concession agreements, etc.
The concept of an investment contract also includesthe definition of a circle of persons who are parties to such a relationship. In accordance with the fourth article of the aforementioned law “On investment activity”, if investments are made in the form of capital investments, then investors and customers, as well as contractors, end users and other persons can be project participants. In addition, the presence of banking, insurance, investment organizations and various suppliers in these relations is not excluded.
The most common version of thisThe document is an investment contract in construction. The parties to these relations are, as a rule, businessmen who have the funds for housing construction, and representatives of local governments that provide land for construction. The end result of such relations are built objects, some of which are transferred to state ownership (residential facilities or, for example, a kindergarten), while some remain with the investor and are sold at market prices. In addition, land objects are introduced into circulation, which until then had simply been idle and did not generate any income.
Due to the lack of uniform investment standardsThe contract is developed for each subject of Russia on an individual basis and is almost always a set of documents governing all stages of the investment process. An interesting feature of this operation is that it is gratuitous to use, because self-government bodies have no liabilities in the form of transfer of funds to the investor.
