Articles
| Open Access |
DOI:
https://doi.org/10.37547/supsci-ojhpl-05-10-65
THE SIGNIFICANCE OF HYBRID FINANCING OF ENTREPRENEURIAL ACTIVITY AND MODELS FOR ITS LEGAL REGULATION
Azizbek Rakhmatov ,Abstract
In the rapidly developing contemporary business landscape, improving financing procedures and expanding alternative funding methods for entrepreneurial activity is of paramount importance. Every financing method that provides capital to an enterprise has its own specific features. Traditional methods such as credit, leasing, and factoring have already demonstrated their shortcomings in global practice. The heavy burden of interest or excessive formalities often creates difficulties for the entrepreneur rather than providing support. This article provides a comparative study of the significance of hybrid financing (the synergy of debt and equity instruments) for entrepreneurial activity and the international models for its legal regulation. The research objective is to establish the legal and theoretical foundations for introducing hybrid financing into Uzbekistan's developing capital market and to develop practical recommendations based on advanced foreign experience. The study illustrates the role of hybrid instruments in risk diversification and enhancing company flexibility. Unlike traditional financing methods (bank loans or common stock issuance), hybrid instruments such as convertible bonds and mezzanine financing are considered the most effective way to raise capital for early-stage enterprises. The main body of the article compares some key legal regulation models for hybrid financing. Based on the analysis, the necessity of introducing relevant amendments to Uzbekistan's legislation, primarily to the Laws "On the securities market" and "On joint-stock companies and protection of shareholders' rights" is substantiated for the implementation of hybrid instruments. Key tasks include establishing a clear legal status for convertible debts, strengthening investor protection mechanisms, and simplifying disclosure requirements.
Keywords
hybrid financing, convertible bonds, mezzanine financing, legal regulation, capital market, entrepreneurship, investor.
References
Martin Maximilian, Building impact businesses through hybrid financing: special impact starter edition. Impact economy working papers, Volume 6, Geneva 2014.
R. H. Thomas, Hybrid securities and regulatory ambiguity, The journal of law and economics, 2010. pp. 54-56
Richard A. Epstein, The dangers of investor protection in securities markets, Texas Review of Law & Politics 412, 2007.
Debt or equity: how the classification of hybrid securities can turn a good company bad. Available at: https://www.monitordaily.com/article/debt-equity-classification-hybrid-securitie/
J.Tirol, Teoriya korporativnix finansov, s angl. pod nauch. red. N.A. Rannevoy. M.: Izdatelskiy dom “Delo”, 2017. s. 121–124.
Lorenzo Sasso. Capital structure and corporate governance: the role of hybrid financial instruments: A thesis submitted to the Department of Law of the London School of Economics and Political Science for the degree of Doctor of Philosophy. 2012. p. 4.
T. G. Bondarenko, O. A. Jdanova, Finansovoe obespechenie ekonomicheskix subyektov rossiyskogo agropromishlennovo kompleksa: monografiya. M.: RUSAYNS, 2019. 126 s.
How to structure early-stage startup fundraising (SAFE/Convertible Note vs. investment agreements). Available at: https://www.legalnodes.com/article/safe-convertible-note-investment-agreement
L.John Coates, Contingent convertibles in legal and regulatory context, Harvard Law Review, 2013. pp. 109-111
Andrew Guzman, The Contingent convertible securities and the bail-in question, The Journal of Financial Regulation, 2015. pp. 35-38
Xinhua Huang, Design and pricing of contingent convertible bonds, Journal of Banking & Finance, 2017.
Dr. Johannes Rüberg and others. Convertible loans for tech companies, Orrick, Herrington & Sutcliffe LLP, 2019. pp 55-62.
Form requirements for convertible loans in germany. Available at: https://www.twobirds.com/en/insights/2023/germany/formerfordernisse-bei-wandeldarlehen
National Instrument 45-106 Prospectus Exemptions, Available at: https://www.osc.ca/en/securities-law/instruments-rules-policies/4/45-106
Gülenay Kavcar and Çağla Yargıç, Convertible note agreements in Turkish law, DECEMBER 21, 2023. Available at: https://kilinclaw.com.tr/en/convertible-note-agreements/
V. N. Usosky, Decree of the President of the Republic of Belarus No. 8 “On the Development of the Digital Economy” and the Experience of cryptocurrency fintech in Belarus. Russia: development trends and prospects, 2022. 298-299
Article Statistics
Copyright License
Copyright (c) 2025 Azizbek Rakhmatov

This work is licensed under a Creative Commons Attribution 4.0 International License.