Article
Settlement arrangements in arbitration

New settlement arrangements were set within the legal proceedings in general jurisdiction and arbitration courts.

Relevant changes were made to the Code of Administrative Judicial Procedure, Arbitral Procedural Code and Civil Procedural Code of the Russian Federation by the Federal Law of July 26, 2019 №197-FL.

It is worth reminding that among settlement arrangements are negotiations, intermediation, including mediation, judicial conciliation and other arrangements, which do not contradict the legislation of Russia.

The changes fixed the following:

  • the procedure and terms of implementation of settlement arrangements;
  • requirements to the form and content of the settlement agreement, procedures for its approval by the court and execution were defined;
  • retired judges got the right to be a mediator or judicial conciliator;
  • the procedure for notary certification of mediation agreements reached by the parties in accordance with the mediation procedures provided by the Federal law «On alternative dispute resolution procedures involving an intermediary (mediation procedure)» were defined;
  • mediation agreements or their notarized copies are referred to the execution orders, which should be sent to court bailiff.

The changes will come into force on October 25, 2019 except separate provisions, which will come into force on other dates.

Article
Activity trends in holding management

Information agency Credinform has observed trends in the activity of the largest Russian holding management companies.

Enterprises with the largest volume of annual revenue (TOP-10 and TOP-1000), engaged in management of holding companies, financial industrial groups and management consultancy, were selected for the analysis, according to the data from the Statistical Register for the latest available periods (for 2015-2017). The analysis was made on the basis of the data of the Information and Analytical system Globas.

Net assets is an indicator, reflecting the real value of company's property, is calculated annually as the difference between assets on the enterprise balance and its debt obligations. The indicator of net assets is considered negative (insufficiency of property), if company’s debt exceeds the value of its property.

The largest company in terms of net assets amount is AO ROSNEFTEGAZ. In 2018 net assets of the company amounted to more than 3454 billion RUB.

LLC CORPORATE MANAGEMENT COMPANY CONCERN TRACTOR PLANTS had the smallest amount of net assets in the TOP-1000 group. Insufficiency of property of the company in 2018 as expressed in negative value -109 billion RUB.

For a ten-year period average amount of net assets of TOP-1000 companies has increasing tendency (Picture 1).

Picture 1. Change in average indicators of the net asset amount of holding management companies in 2008 – 2017 Picture 1. Change in average indicators of the net asset amount of holding management companies in 2008 – 2017

Share of companies with insufficiency of property in the TOP-1000 demonstrate increasing tendency (Picture 2).

Picture 2. Shares of companies with negative values of net assets in TOP-1000 companies in в 2013 – 2017 Picture 2. Shares of companies with negative values of net assets in TOP-1000 companies in в 2013 – 2017

Sales revenue
The revenue volume of 10 leaders of the industry made 87% of the total revenue of TOP-1000 companies in 2017 (Picture 3). It demonstrates high level of monopolization in the industry.

Picture 3. Shares of participation of TOP-10 companies in the total revenue of TOP-1000 companies for 2017 Picture 3. Shares of participation of TOP-10 companies in the total revenue of TOP-1000 companies for 2017

In general, over a ten-year period an increasing tendency in revenue volume is observed (Picture 4).

Picture 4. Change in the average revenue of holding management companies in 2008 – 2017 Picture 4. Change in the average revenue of holding management companies in 2008 – 2017

Profit and losses
The largest company in terms of net profit amount is JSC HOLDING COMPANY METALLOINVEST. Net profit of the company amounted to almost 70 billion RUB for 2018.

For the last ten years average industrial indicators of net profit have an increasing tendency (Picture 5).

Picture 5. Change in the average indicators of net profit of holding management companies in 2008 – 2017 Picture 5. Change in the average indicators of net profit of holding management companies in 2008 – 2017

Over a five-year period, the average values of net profit indicators of TOP-1000 companies tend to increase. Besides, the average value of net loss decreases (Picture 6).

Picture 6. Change in the average indicators of net profit and loss of TOP-1000 companies in 2015 – 2017 Picture 6. Change in the average indicators of net profit and loss of TOP-1000 companies in 2015 – 2017

Key financial ratios
Over the ten-year period the average indicators of the current liquidity ratio in general were within the range of recommended values – from 1,0 up to 2,0 with increasing tendency (Picture 7).

The current liquidity ratio (the relation of the amount of current assets to short-term liabilities) shows the sufficiency of company’s funds for repayment of its short-term liabilities.

Picture 7. Change in the average values of the current liquidity ratio of holding management companies in 2008 – 2017 Picture 7. Change in the average values of the current liquidity ratio of holding management companies in 2008 – 2017

Average values of the indicators of the return on investment ratio have increasing tendency for ten years (Picture 8).

The ratio is calculated as the relation of net profit to the sum of own capital and long-term liabilities and demonstrates the return on the equity involved in the commercial activity of own capital and the long-term borrowed funds of an organization.

Picture 8. Change in the average values of the return on investment ratio of holding management companies in 2008 – 2017 Picture 8. Change in the average values of the return on investment ratio of holding management companies in 2008 – 2017

Asset turnover ratio is calculated as the relation of sales revenue to the average value of total assets for a period and characterizes the efficiency of use of all available resources, regardless of the sources of their attraction. The ratio shows how many times a year a complete cycle of production and circulation is made, yielding profit.

This business activity ratio showed a tendency to decrease for a ten-year period (Picture 9).

Picture 9. Change in the average values of the assets turnover ratio of holding management companies in 2008 – 2017 Picture 9. Change in the average values of the assets turnover ratio of holding management companies in 2008 – 2017

Small business
56% of the TOP-1000 companies are registered in the Register of small and medium enterprises of the Federal Tax Service of the RF. Besides, share of revenue in the total volume in 2017 is 1,8%, that is lower than the average indicator countrywide (Picture 10).

Picture 10. Shares of small and medium enterprises in TOP-1000 companies, % Picture 10. Shares of small and medium enterprises in TOP-1000 companies, %

Main regions of activity
TOP-1000 enterprises are unequally distributed along the territory of Russia and registered in 67 regions. More than 94% of revenue volume is concentrated in Moscow (Picture 11).

Picture 11. Distribution of TOP-1000 companies by regions of Russia Picture 11. Distribution of TOP-1000 companies by regions of Russia

Financial position score
An assessment of the financial position of TOP-1000 companies shows that the largest number is in an above average financial position. (Picture 12).

Picture 12. Distribution of TOP-1000 companies by financial position score Picture 12. Distribution of TOP-1000 companies by financial position score

Solvency index Globas
Most of TOP-1000 companies have got from Medium to Superior Solvency index Globas, that points to their ability to repay their debts fully (Picture 13).

Picture 13. Distribution of TOP-1000 companies by solvency index  Globas Picture 13. Distribution of TOP-1000 companies by solvency index Globas

According to the data of the Federal State Statistics Service, share of the companies, engaged in activities of head offices and management consultancy in the volume of revenue from sale of goods, products, works and services countrywide in general amounted to 0,8% for 2018.

Conclusion
Comprehensive assessment of the activity of largest Russian holding management enterprises, taking into account the main indexes, financial indicators and ratios, demonstrates the presence of favorable trends (Table 1).

Table 1. Positive and negative trends, assessment factors of the industry
Trends and assessment factors Share of factor, %
Rate of increase (decrease) of average amount of net assets up10
Increase / decrease of share of companies with negative values of net assets down-10
Increase (decrease) rate of average revenue amount up10
Level of competition down-10
Increase (decrease) rate of average net profit (loss) amount up10
Increase / decrease of average net profit amount of TOP-1000 companies up10
Increase / decrease of average net loss amount of TOP-1000 companies up10
Increase / decrease of average industrial values of the current liquidity ratio up10
Increase / decrease of average industrial values of the return on investments ratio up10
Increase / decrease of average industrial values of the assets turnover ratio, times down-10
Share of small and medium enterprises in the industry in terms of revenue volume more than 22% down-10
Regional concentration down-10
Financial position (major share) up10
Solvency index Globas (major share) up10
Average value of factors up2,9

Up positive trend (factor), Down negative trend (factor).