Danyliuk M. Corporate investment funds as participants in civil legal relations.

The dissertation is devoted to the theoretical and legal substantiation of the concept of the civil status of corporate investment funds and the formation of proposals for improving the mechanism of legal regulation of their activities in Ukraine. The analysis of the developments of modern doctrine and practice conducted in the dissertation research has become the basis for the author's development of a legal approach to ensure the systematic and consistent regulation of the status of corporate investment funds as a legal entity of private law. The necessity of applying in the modeling of the name of corporate investment funds of the provisions of the Law of Ukraine "On Joint Stock Companies", with the possibility of their functioning as public or private joint-stock companies, as well as special norms of the Law of Ukraine "On Mutual Investment Institutions" related to the affiliation of these legal entities, was established. to corporate investment funds and to the numerous classifications provided for by special rules, the membership of which determines the features of their assets. It was possible to substantiate that corporate investment funds are a special type of joint-stock company. They are characterized by the presence of two levels of legalization as a subject of legal relationships: 1) the acquisition of the status of a legal entity of private law; 2) acquiring the status of a joint investment institution - a professional participant in the financial services market.It is substantiated that the time of occurrence of legal capacity and capacity of corporate investment funds differs in time, since this legal entity requires several stages for its functioning, namely: state registration of corporate investment funds as a legal entity; inclusion of corporate investment funds in the register of joint investment institutions; inclusion of corporate investment funds in the register of financial institutions. This argument has practical value, as it has also been proved that the specifics of corporate rights of corporate investment fund participants are the difference in the time of the occurrence of corporate rights (the registration of corporate investment funds as a legal entity) and the moment when they can be fully realized (registration of corporate investment funds as joint institutions investment). Corporate investment funds are characterized by the distinction between the formation of their will and the realization of their will. The formation of the will of corporate investment funds is carried out by the general meeting and the supervisory board within the limits of competence established by the Law and local regulations. The will of the latter has a specific nature, determined by the absence of a traditional design of the executive body in it. The peculiarities of the realization of their legal personality are mediated by the contractual structure since there is no executive body of corporate investment funds, and participation in relations with third parties takes on its behalf another legal entity - an asset management company, the legal relationship with which is contractual in nature.