Елена Самтынова
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Минэкономразвития России разработало законопроект, направленный на создание условий для привлечения инвестиций в инновационную сферу. В этой связи предлагается 1 в Федеральный закон от 28 ноября 2011 г. № 335-ФЗ «Об инвестиционном товариществе» (далее – Закон № 335-ФЗ) внести изменения о расширении сферы действия договоров коллективных венчурных инвестиций (далее – инвестиционые товарищества, ИТ), в частности, предусмотреть статью, регулирующую правоотношения по договору инвестиционного товарищества в сфере прямых и венчурных инвестиций. При этом законопроект предполагает снятие ограничений:
по количеству участников договора ИТ (на сегодня их не должно быть более 50); на инвестирование общих средств товарищей ИТ в иностранные ценные бумаги; на участие в ИТ российских образований, не имеющих статуса юрлица (в частности, других ИТ, паевых инвестиционные фондов).
Кроме того, может быть исключен запрет на участие в других ИТ управляющего товарища в качестве товарища-вкладчика в случае, когда такой запрет установлен договором ИТ (ч. 5 ст. 3 Закон № 335-ФЗ). Документом предусматривается допуск прямого участия и физлиц в качестве товарищей-вкладчиков ИТ при условии наличия статуса квалифицированного инвестора. Сегодня физлица не могут являться сторонами договора ИТ (ч. 3 ст. 3 Закона № 335-ФЗ).
Предполагается отмена обязательного нотариального удостоверения договора ИТ по месту нахождения управляющего товарища, а также требования об обязательном нотариальном удостоверении всех документов, связанных с договором ИТ, у одного нотариуса. Изменения планируются в ст. 8 Закона № 335-ФЗ.
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Относительно договора ИТ в Законе № 335-ФЗ предлагается предусмотреть:
возможность закрепления в договоре условий о запрете на снижение судом неустойки; возможность отмены действия предельного срока действия договора (ст. 13 Закона № 335-ФЗ); сокращение перечня существенных условий, которые обязательно должны быть включены в договоры с третьими лицами при заключении договора с ИТ; особенности обращения взыскания на интеллектуальные права, являющиеся общим имуществом товарищей; возможность одностороннего внесудебного отказа от договора ИТ в предусмотренных договором случаях его нарушения.
Как следует из пояснительной записки к законопроекту, реализация его положений позволит шире использовать формы инвестиционного товарищества, осуществлять коллективные инвестиции в венчурные бизнес-проекты, укрепит доверие инвестиционного сообщества к российской правовой системе, тем самым увеличит популярность ИТ для большего количества инвестиций в российскую экономику как со стороны национальных, так и иностранных инвесторов.
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1 С текстом законопроекта «О внесении изменений в Федеральный закон «Об инвестиционном товариществе» и отдельные законодательные акты Российской Федерации» и материалами к нему можно ознакомиться на федеральном портале проектов нормативных правовых актов (ID: 02/04/07-20/00105624).
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