CEU Electronic Theses and Dissertations, 2022
Author | Karachentseva, Polina |
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Title | Regulation and Enforcement of Convertible Notes in Russia and the United States: a Comparative Analysis |
Summary | With the adoption of Federal Law No. 354-FZ dated July 2, 2021, “Concerning Amendments to Certain Legislative Acts of the Russian Federation,” Russian legislators introduced several regulatory provisions to implement the concept of “convertible loan” into the Russian law to uphold the possibility to convert certain debts of Russian private corporations into equity. U.S. law was not only the source of inspiration for the drafters of the new Russian law but for the purposes of this thesis, it also remains the benchmark based on which the drawbacks of the new Russian legislation could be remedied through the prism of peculiarities of Russian corporate law and market conditions. Similarly to the vast majority of newly developed legal concepts, new Russian law needs a thorough assessment of legal consistency with linked laws and efficiency of practical application in comparison with the regulation of convertible loans in the United States. Such assessment would provide a great boost for the development of Russian capital financing instruments that accommodate the interests of both the investment recipient, who needs immediate access to development funds, and the investor, who has several options available for the settlement of its claims towards the borrower in case of default. |
Supervisor | Tajti, Tibor |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2022/karachentseva_polina.pdf |
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