Legal Problems of Concluding Quasi-Corporate Contracts with Third Parties

This article examines current problems of concluding transactions between participants in business entities and third parties acting as creditors of such participants, as well as key issues of ensuring the fulfillment of obligations of the parties to such transactions. The subject of the study is the legal norms of the Civil Code of the Russian Federation and the sectoral laws on business companies, devoted to a corporate agreement and transactions similar to it in the subject. The study is carried out by analyzing the legal structure of an agreement between creditors of business entities and other third parties with participants in a business entity, also called a quasi-corporate agreement. Creditors and other third parties have the right to conclude quasi-corporate agreements with participants in business entities. The legislation does not limit the list of third parties capable of concluding a quasi-corporate contract. A quasi-corporate agreement may be concluded between the company’s participants and the company itself if third parties participate in it. The legally protected interest of third parties (as a criterion for participation in a quasi-corporate agreement) is limited by their organizational and managerial interests.