The entities of appropriation and corporate property management

Abstract

This article explores the legal status of beneficiaries of a legal entity who are the participants in corporate relations along with owners of corporate rights. The definition of these participants and the analysis of their legal status is extremely important and is caused not so much by the problems of civil law regulation as by the issues of anti-corruption legislation and antitrust regulation. The author’s opinion is that the beneficiary is the true owner of the property, who receives income from his property, transferred to the trust management of another person - physical or legal entity, or from the using of his property by third parties. Another feature of the beneficiary is that he is an individual who, regardless of his formal ownership, has the ability to make decisive influence on the management or economic activity of a legal entity, directly or through other persons. Even if none of the participants (shareholders) of the company owns a significant share, this does not mean that there is no end beneficiary of such company. In the article there is also defined the ways of beneficiary status gaining not only through the acquisition of corporate rights, but also through the use of other legal instruments.