The problem that may face when buying shares / shares, – the impossibility of free disposal and acquisition of shares which may be limited to any right of way for the acquisition of shares or the provisions of the statute imposes a limit on the number of shares held by one shareholder, and their total nominal value, as well as maximum number of votes granted to one shareholder. To overcome the pre-emptive right, or rather to force other shareholders to give it up, possibly by over-supply prices on purchased shares. The problem that arises here – the taxation of income by alienating and subsequent return of the excess profits earned by the seller. The second option – removed from the direct transaction of an asset, that is not buy shares directly we are interested in the person X, and Y shares of the person owning the person X. In fact, in both cases must be replaced prior to the transaction the seller – a resident of Russia to a resident of any other jurisdiction, that ensures confidentiality of information about the transaction, can be placed in the seller's income and low tax jurisdictions at the same time would give the possibility of concluding agreements between shareholders of a special order of distribution of revenues.
To solve these problems within the framework of Russian law, and under the laws of another country's civil law, is impossible. To learn how you can solve this problem in countries with common law, which provides institution nominee, will be discussed below. Creating a holding based on a single property complex business organizations have a business entity (partnership) is several alternatives: – the establishment of new business entities affiliated through an amendment to their charter capital of the movable and immovable property of the existing commercial organization, which in this case becomes the principal company – the acquisition of certain assets of the organization at a specialized company The result is a holding company, with the release of the same organization that owns the asset, while under the asset we do not mean only movable or immovable property and shares, contracts, licenses, individual lines of business, with its registered capital by another company. .