Securities as an Object of Trust Management as Part of the Inherited Property. Part 2

Introduction: the specifics of the relationship for trust management of securities as part of the inheritance estate are mainly determined by the characteristics of the object. Due to the problems of the legal definition of securities and their open list and the gaps and contradictions in the legislation, the study aims to systematize the regulatory material and make recommendations to notaries and trust managers. As a result, the influence of the specific characteristics of securities on the relationship of trust management of them as part of the hereditary property is revealed; the directions for solving the problems of managing profitable securities, the trustee’s participation in general meetings of corporate participants, the multiplicity (in some cases) of trust management agreements, etc. are proposed. General conclusion: the law enforcement practice (within the framework of notarial activities and the activities of the trustee) should not fill the existing gaps; the comprehensive improvement of the legislation on inheritance law and on the securities market is necessary. It is recommended to adopt as a general rule the rule on the special legal status of a trustee, with an emphasis on their special knowledge. One of the solutions to the problem would be the creation of self-regulatory organizations or associations of trust managers of securities with limited tariffs for inherited property.

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Publication Details

Journal
Legal Concept
Published
2024-08-08
DOI
https://doi.org/10.15688/lc.jvolsu.2024.2.12
Primary Topic
Legal Studies and Reforms
Type
article
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article

Securities as an Object of Trust Management as Part of the Inherited Property. Part 2

Vladimira Dolinskaya
Legal Concept
Legal Studies and Reforms
article

Securities as an Object of Trust Management as Part of the Inherited Property. Part 2

Vladimira Dolinskaya
article en

Abstract

Introduction: the specifics of the relationship for trust management of securities as part of the inheritance estate are mainly determined by the characteristics of the object. Due to the problems of the legal definition of securities and their open list and the gaps and contradictions in the legislation, the study aims to systematize the regulatory material and make recommendations to notaries and trust managers. As a result, the influence of the specific characteristics of securities on the relationship of trust management of them as part of the hereditary property is revealed; the directions for solving the problems of managing profitable securities, the trustee’s participation in general meetings of corporate participants, the multiplicity (in some cases) of trust management agreements, etc. are proposed. General conclusion: the law enforcement practice (within the framework of notarial activities and the activities of the trustee) should not fill the existing gaps; the comprehensive improvement of the legislation on inheritance law and on the securities market is necessary. It is recommended to adopt as a general rule the rule on the special legal status of a trustee, with an emphasis on their special knowledge. One of the solutions to the problem would be the creation of self-regulatory organizations or associations of trust managers of securities with limited tariffs for inherited property.

Legal ConceptVol. 23(2)
Kutafin Moscow State Law University (RU)
Openalex Percentile: Top 69%
Legal Studies and Reforms
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Securities as an Object of Trust Management as Part of the Inherited Property. Part 2 — Vladimira Dolinskaya · Legal Concept (2024) | TGRS Research Map | TGRS