Investment activity on the Internet

Legal basis of investment activity on the Internet

Investments on the Internet involve every day more and more the people wishing a few to earn on the capitals. Feature of the given period of investment activity is that the funds working by a principle of financial pyramids, involve in themselves the people ever less, wishing to put up money on the Internet. And it in spite of the fact that such projects offer huge percent – to 50 %. Potential investors want something bolshego, than lightning, but dangerous profit: they aspire to reliability and stable earnings. Even more often the sums of contributions exceed 3000 c.u., becoming more and more serious. Quite naturally that the investors risking the means, the legal substantiation of such activity interests. How much really to protect the money in case of dishonest game of fund and default of its obligations to investors? This article also is devoted it.

Relations between fund and the investor are regulated by the contract. As a rule, such activity demands loan agreement drawing up according to which the fund takes from the investor the certain sum under percent. Also it is possible to use the trust management contract though its legality and raises certain doubts. According to article 1013 GK the Russian Federation money cannot act as object of trust management.

Let's consider this article a bit more in detail. In it it is said that as object of trust management the enterprise or any other property complex, and also real estate, securities and another can act. There can not be that object a sum of money, excepting the cases separately provided by the law.

The property which is in conducting or management of any legal person can be transferred in trust management only in case of liquidation of the legal person or the termination of the right to possession of these actives.

Operate money the credit organisation which has obtained for this purpose corresponding licence can. The licence grants this organisation the right to perform bank operations. However if other organisation which is not credit, obtains the same licence it too can operate with money resources. About it tell articles 5 and 7 laws «About banks and bank activity». To operate means for a securities market it is authorised also to the physical person who was registered as the businessman. Plus to it it is necessary to obtain the Federal Commission on Securities licence still.

If the fund which is confidential operating means, yields losses to the investor who is vygodopriobretatelem under the law the fund should compensate losses own property. Thus the investor will need to prove that the fund has not made all from it depending to avoid a loss. To have the right to signing of the contract of trust management, the investment fund should be registered as the separate businessman or firm, and also to obtain the licence for such activity. Thus fund as the confidential managing director cannot guarantee profitableness to the owner of means.

Now as to the loan agreement. It is registered in article 807 GK the Russian Federation. According to this contract, the party-creditor, that is the investor, transfers to the party-borrower, that is fund, a certain sum. Thus the borrower (fund) promises to return this money. The loan agreement comes into force, when money is transferred to fund. Percent are included too into obligations of fund to the investor. He is obliged them to pay, it too is registered in the law. In detail article 809 speaks about percent.

In it there is a speech that the investor (creditor) has the right to reception of percent. The order of their payment regulates the contract. If in the contract it is not specified the size of payment, it is defined on the basis of other interest rates accepted for given region. If in loans the firm (legal body) gives, the interest rate is defined by the local bank interest rate. Percent, according to the contract, should pay monthly if the parties differently have not agreed.

In some case the loan agreement is considered interest-free, that is that on which percent should not be paid. It occurs in the event that the sum which is not exceeding the five-tenfold size of the minimum salary is on credit given. Thus any of the parties should not be connected with enterprise activity. If as percent the money's worth is considered, for example, any valuable thing, percent too should not to be paid. Apparently from the law, the rights of investors are protected not bad enough at legal level.

Very often people who want to put up money on the Internet, have questions concerning contract forms. This question is considered in article 808 GK the Russian Federation. In it it is said that if the loan sum more than ten minimum salaries, means, the contract should consist in writing. If on credit gives not physical, but the legal body – the contract necessarily should be written irrespective of the fact which the sum is lent. To confirm contract existence, the borrower the receipt can stand out.

To sign the contract, the parties should meet necessarily. And what to do, if they are in the different countries? This situation registers in article 434 in point the second. Here it is told that the contract can be concluded and in other form in which - the parties should agree. In written form it is possible to sign the contract, having sent it by mail, to telegraph, the teletype, electronic mail or by means of other communications mediums. The main thing that it was clear who exactly has sent it.

More often the contract of investment fund represents offers - the offer to agree, not addressed to someone is concrete, and addressed by all. It article 437 GK regulates the Russian Federation. The Contract-offer is considered accepted when the second party accepts all its conditions, confirming it is the actions.

The answer of the person to which the offer has been addressed, is called as the acceptance. About it it is told in article 438. In it it is told that silence is not accepted as the acceptance. If the person who has received the offer, has satisfied all its conditions, it is considered the acceptance (that is the second party agrees with conditions of such contract).

If to explain on an example it looks so. You come on a site of the investment project, see there the contract, get acquainted with it and invest in fund a certain sum. It means that you have just made the acceptance in relation to the offer, in other words, have agreed with treaty provisions.

As you can see, investments on the Internet – quite legitimate activity registered in laws. It is necessary to find out only, money is transferred to what name is specified in the contract, or is perfect to other person. Something that fact also should prove to be true that means have really been translated in fund. For this purpose it is necessary to invest webmoney only in those projects which give the checked information on the owner. To confirm its person the bank, payment system, a state structure or the notary should.

The transfer fact to confirm more difficult. If payment has got on the bank account of the physical or legal person which name appears in the contract, means, problems will not be. The payment order received while translating of money, should be kept.

If payment has arrived into the account in electronic payment system (it is more frequent case, than transfer into the usual bank account) confirm this operation the history of operations of the given account can only. It is necessary to make prinskrin on which number of the given account on a site of the investment project is specified, and also to fix the information when the fund translates you means.

As results, it is possible to allocate some conditions necessary for the conclusion of contracts in the Network.

The first condition. To observe requirements under the trust management contract.

The second condition. The person addressed to whom the open account, and the person appearing in the contract, should coincide.

The third condition. The fact of transfer of money in fund should prove to be true somehow.