Holding company

Article

August 13, 2022

A holding company (from the English holding company) is a legal entity that owns other legal entities or exercises control over such legal entities as a related entity. Usually, this is a public joint-stock company that owns, uses and disposes of holding corporate packages of shares (parts, shares) of two or more corporate enterprises. Also, a holding company is understood as a group of business entities — legal entities that manage enterprises due to majority participation in the statutory fund or by holding a controlling stake in other companies. Holding companies can be formed: bodies authorized to manage state property, state bodies of privatization independently or together with other founders by combining in the statutory fund holding corporate packages of shares (parts, shares); by other entities on a contractual basis. In cases provided for by law, holding companies are formed subject to the prior permission of the relevant body of the Antimonopoly Committee of Ukraine or the Cabinet of Ministers of Ukraine for concentration, concerted actions of business entities. The projects of constitutive documents of holding companies, which are created subject to obtaining the specified permission, are subject to approval by the relevant body of the Antimonopoly Committee of Ukraine. A holding company acquires the status of a legal entity from the day of its state registration in the State Register of Holding Companies of Ukraine, which is an integral part of the Unified State Register of Legal Entities and Individual Entrepreneurs. State registration of holding companies is carried out by the state registrar in accordance with the procedure established by the Cabinet of Ministers of Ukraine in accordance with the Law of Ukraine "On State Registration of Legal Entities and Individual Entrepreneurs" (755-15) and other normative legal acts. A specially authorized body for state registration ensures the maintenance of the State Register of Holding Companies of Ukraine. The holding is pure (the company is engaged only in monitoring the activities of enterprises) and mixed (in addition to the control function, it can engage in other types of activities). �