Investment partnership agreement

Investment partnership agreement (as well as any amendments and supplements) necessarily be notarized in a notary. One copy of the contract shall be deposited with the notary at the location of the control comrade.

Investment partnership agreement is urgent, concluded by the parties, with the term or stating the purpose as a resolutive condition. The general term investment partnership agreement shall not exceed fifteen years.

Terms of investment partnership agreement are confidential, not subject to disclosure and are protected by the Law "On Commercial Secrets".

An integral part of the contract is the policy of managing the general affairs, or investment declaration. Investment declaration - a document that provides for a limited volume and size of transactions made by one or several managers comrades, including in relation to one person or group of persons, including persons who are affiliated with respect to such control comrades and (or) their affiliates.

Special rules of the investment partnership

The Act does not contain special rules regarding the order of distribution of profit participants of the investment partnership. In this regard, the application is subject to the general rule set out in the Civil Code, according to which the profits derived members of the society as a result of conducting joint activities, distributed in proportion to the value of their contributions to the common cause. Other order of distribution can be set by the investment partnership agreement. In this case, the agreement on the elimination of any of the partners from participation in profits is negligible.

In accordance with the Law of the funds transferred to the payment in shares in the common property under one contract investment partnership, must come to a separate bank account. This account is opened manager mate bank account agreement concluded with the indication:

the fact that it acts as a managing companion;
name (individual designation);
the date and number of the investment partnership agreement.

All outstanding balances associated with the conduct of the general affairs of the partners, including the implementation of mandatory tax and other payments made by the authorized manager companion using the specified account.

Tax of Investment Partnership

Simultaneously with the adoption of the Law on Investment Partnership amended the Tax Code, relating to the issue of taxation of operations under the contract of the investment partnership. Thus, according to a new article of the Tax Code (Article 24.1), each partner independently subject to income tax and the tax on personal income, arising in connection with participation of comrades in investing activities.

Other taxes (including VAT) calculates and pays the managing partner responsible for tax accounting.

Features of the calculation and payment of value added tax in the implementation of operations in accordance with the agreement of the investment partnership defined in Article 174.1 of the Tax Code, according to which the participant on investment partnership agreement shall be responsible for VAT in the transactions under the agreement the investment partnership. In this case we are talking about the control of comrades who, as we have said, can only be a legal entity. The sale of goods, works and services, transfer of property rights in accordance with the investment partnership agreement authorized partner is obliged to put the relevant invoice.

It should be noted that the transfer of property under the investment partnership is not recognized as the sale of goods, works and services:

if such transfer is of the nature of the investment;

within the initial payment to a participant of the investment partnership or his successor in the event of allotment of its share of the common property.

In this regard, the operations of transfer of property rights as a contribution to the investment partnership agreement, as well as the transfer of property rights to a participant of the investment partnership in the case of allotment of its share of the common property or partition of such property - up to the amount of the paid deposit - are not subject to taxation value added tax.

In addition, tax-exempt services participants investment partnership agreement - Governors fellow managing the general affairs of his comrades.

Why do you as an investor profitable to work through

the creation of the fund in the form of investment

partnership?

From 1 January 2012, was enacted Federal Law №335-FL dated 28.11.2011 of the year (hereinafter the Law №355-FL), which regulates the legal relationship of the parties under the contract of the investment partnership.Under a joint venture Law №355-FL realizes activities are carried out on the basis of his friends together investment partnership agreement for the acquisition and / or disposal is not traded on an organized stock market (shares), bonds of companies, partnerships, financial instruments of term transactions, as well as shares in the joint capital of business partnerships (draw your attention to the fact that the Federal Law of 03.12.2011 №380-FL, which came into force on 1 July 2012, introduced a new organizational-legal form of legal entity, as an economic partnership).

WIND ENERGY VENTURE FUND

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