The variety of forms of ownership is the basis for the creation of various organizational and legal forms of organizations. According to the current Russian legislation, there are various organizational and legal forms of commercial organizations.
Depending on who owns the organization, the form of ownership is also determined. The legislation of the Russian Federation provides for the following forms of ownership: private, state, property of public organizations (associations) and mixed.
Part private property include:
a) the property of individual citizens, including the property of personal subsidiary plots, vehicles and real estate;
b) the property of an association of citizens (general partnerships);
c) property of groups of individuals - limited liability partnerships, joint-stock companies (closed and open, property of cooperatives);
d) property of business associations (business companies and partnerships, concerns, holdings, associations, unions, etc.);
e) mixed property of citizens and legal entities.
State property form objects:
a) federal (RF) property;
b) the property of the constituent entities of the Russian Federation (republics, territories, regions, autonomous districts and cities of Moscow and St. Petersburg);
c) municipal (districts, districts, prefectures) property.
mixed ownership formed as a combination of different forms of ownership. Organizations (companies) with a mixed economy are companies in which the state or some public body is combined with private capital for various reasons, for example, the participation of the state in a private company whose activities are in the public interest, or to control and direct its general policy and others. The state, participating in such companies, seeks not so much to make a profit as to direct the policy of these organizations. This is sometimes the duality of such a system, since, on the one hand, a situation may arise when members of the board representing the state contribute to the weakening of the production and financial responsibility of the company, seek to impose on it the point of view of the government, which does not always help its successful activities. On the other hand, such a company expects to receive various kinds of privileges. To balance these interests, it is necessary that government representatives participate in the economic activities of the company and bear responsibility for its economic performance.
According to the form of ownership, organizations can be divided into private and public (Fig. 3.3).
Organizations of the private sector of the economy differ depending on whether one or more persons are its owners, on responsibility for its activities, on the way in which individual capitals are included in the total capital of the organization. The public sector of the economy is state-owned (federal and subjects of the federation) and municipal enterprises (meaning not so much the fact that the state acts as an entrepreneur, but the fact that state or public enterprises operate on the principles of entrepreneurship).
An individual entrepreneur (IP) is a capable citizen independently, at his own risk and under personal individual responsibility, carries out entrepreneurial activities and is registered for these purposes in the prescribed manner.
An individual entrepreneur is fully liable for obligations with all his property, with the exception of that which is levied in accordance with the Civil Code of the Russian Federation. This means that the collection of debts of an individual entrepreneur can also be imposed on his personal property that is not involved in entrepreneurial activities.
State registration as an individual entrepreneur occurs without the formation of a legal entity, but he is a full participant in civil circulation, therefore, the legal norms governing the activities of commercial organizations apply to him. An individual entrepreneur can, after paying taxes, dispose of the profits received at his discretion. For him, a simplified form of the taxation system is provided, which consists in the quarterly payment of taxes on the income declared by the IP itself. Individual entrepreneurs' personal income is taxed in the same way as personal income tax.
An individual entrepreneur has the right to create commercial organizations. After registering as a commercial organization, an individual entrepreneur can hire and fire employees. He can invest his capital in other areas of activity, deriving profit from this. The number and value of property owned by an individual entrepreneur is not limited by law. Land plots of the enterprise, property complexes, buildings, structures, equipment, securities, etc. may be in private ownership. An individual entrepreneur can be a participant in general partnerships, as well as enter into agreements on joint activities (in the form of a simple partnership).
On the territory of Russia, individual entrepreneurs have the same rights as legal entities. According to the law "On investment activity in the Russian Federation", foreign citizens can also engage in entrepreneurship. All investors enjoy equal rights; protection of these rights is guaranteed by the state regardless of the form of ownership.
An individual entrepreneur is the head of a peasant (farm) economy, carrying out activities without forming a legal entity.
The state registration of a citizen as an individual entrepreneur becomes invalid and his activity is terminated from the moment:
A court decision on declaring an individual entrepreneur insolvent (bankrupt);
Receipt by the registering authority of the entrepreneur's application for the cancellation of his state registration and as an entrepreneur and the certificate of registration previously issued to him;
death of a citizen;
Recognition of a citizen by a court decision as incapable or partially capable (in the absence of the consent of the trustee to engage in entrepreneurial activity by the ward citizen).
An individual entrepreneur who is unable to satisfy the requirements of creditors related to the implementation of entrepreneurial activities may be declared insolvent (bankrupt) by a court decision.
Individual entrepreneurship is a priority for people who are able to single-handedly control the decision-making process. The advantage of sole proprietorship is the payment of only income tax, which makes his business more stable and attractive, as well as independence in the distribution of profits. An important advantage of an individual business is its mobility when changing activities.
Commercial organizations are divided into three major categories: organizations that unite individual citizens (individuals); organizations that combine capital and state unitary enterprises (Fig. 3.4). The former include business partnerships and production cooperatives. clearly distinguishes partnerships - associations of persons requiring the direct participation of founders in their activities, companies - capital associations that do not require such participation, but involve the creation of special management bodies. Business partnerships can exist in two forms: a general partnership and a limited partnership.
IN full partnership(PT) all its participants (general partners) are engaged in entrepreneurial activities on behalf of the partnership and are fully liable for its obligations. Each participant may act on behalf of the partnership, unless otherwise established by the memorandum of association. The profit of a full partnership is distributed among the participants, as a rule, in proportion to their shares in the share capital. For the obligations of a full partnership, its participants are jointly and severally liable with their property.
partnership in faith, or a limited partnership (TV or CT), such a partnership is recognized in which, along with general partners, there are also contributors (limited partners) who do not take part in the entrepreneurial activities of the partnership and bear limited liability within the limits of the amounts of their contributions. In essence, TV (CT) is a complicated type of PT.
In a general partnership and limited partnership, shares of property cannot be freely assigned, all full members bear unconditional and joint and several liability for the liability of the organization (they answer with all their property).
Business partnerships(ХТ), as well as business companies (CO), are commercial organizations with authorized (share) capital divided into shares (contributions) of founders (participants). Differences between CT and CW are manifested, in relation to their more specific forms, in the ways of their formation and functioning, in the characteristics of their subjects in terms of the degree of liability of these subjects, etc. In the most general form, all these differences can be interpreted in the context of the ratio of corporate partnerships .
Production cooperative(PrK) is a voluntary association of citizens on the basis of membership for joint production or other economic activities based on their personal labor or other participation and the association of its members (participants) of property shares. The features of the GoC are the priority of production activities and the personal labor participation of its members, the division of the property of the GoK into shares of its members (Fig. 3.5).
Cooperatives and organizations with the participation of workers in management and profits, which have become widespread in a mixed economy, have certain advantages over entrepreneurial-type companies in labor productivity, social climate and labor relations, and income distribution. The introduction of inherently socialist principles of organization into economic activity (participation of workers in management, in profits and in the ownership of shares) is seen as a means of overcoming the difficulties that entrepreneurial-type organizations constantly face: bureaucratization of management structures in large corporations; weak interest of workers in the success of the company (because their remuneration is still limited by salary); losses from strikes and labor conflicts; high turnover of the workforce, associated in the current conditions with especially high costs due to the growing costs of training workers for specific activities in this particular organization, etc.
But purely self-managed companies lose out to entrepreneurial ones in a number of ways: in addition to reacting weakly and possibly back to market signals, in the short term they are prone to “underinvestment,” i.e., eating away their profits; in the long run, they are conservative in risky projects and technical innovations.
Joint-Stock Company(JSC) is a company whose authorized capital consists of the nominal value of the shares of the company acquired by shareholders, and, accordingly, is divided into this number of shares, and its participants (shareholders) are liable within the value of their shares (Fig. 3.6) . Joint-stock companies are divided into open and closed (JSC and CJSC). Members of an OJSC may alienate their shares without the consent of other shareholders, and the company itself has the right to conduct an open subscription for issued shares and their free sale. In a CJSC, shares are distributed by closed subscription only among its founders or other predetermined circle of persons, and the number of founders in Russian law is limited to 50 persons.
Limited Liability Company(LLC) is a company whose authorized capital is divided into shares of participants who are liable only within one hundred
Joint-Stock Company(JSC) is a company whose authorized capital consists of the nominal value of the shares of the company acquired by shareholders, and, accordingly, is divided into this number of shares, and its participants (shareholders) are liable within the value of their shares (Fig. 3.6) . Joint-stock companies are divided into open and closed (JSC and CJSC). Members of an OJSC may alienate their shares without the consent of other shareholders, and the company itself has the right to conduct an open subscription for issued shares and their free sale. In a CJSC, shares are distributed by closed subscription only among its founders or other predetermined circle of persons, and the number of founders in Russian law is limited to 50 persons.
But there is also a third, "hybrid" category - a limited liability company and an additional liability company - which simultaneously applies to organizations that unite individuals and organizations that unite capital.
Limited Liability Company(LLC) is a company whose authorized capital is divided into shares of participants who are liable only to the extent of the value of their contributions. Unlike partnerships, an LLC creates an executive body that exercises current management of its activities.
Additional Liability Company(ODO) is essentially a type of LLC. Its features: joint and several subsidiary liability of participants for the obligations of ALCs with their property in the same multiple for all to the value of their contributions, determined in the constituent documents; division in the event of bankruptcy of one of the participants in the ALC of his liability for the obligations of the company between other participants in proportion to their contributions.
to state and municipal unitary enterprises(UE) include enterprises that are not endowed with the right of ownership of the property assigned to them by the owner. This property is in state (federal or subjects of the federation) or municipal property and is indivisible. There are two types of unitary enterprises (Table 3.1):
1) based on the right of economic management (they have wider economic independence, in many respects they act as ordinary commodity producers, and the owner of the property, as a rule, is not liable for the obligations of such an enterprise);
2) based on the right of operational management (state-owned enterprises) - in many respects they resemble enterprises in a planned economy, the state bears subsidiary responsibility for their obligations if their property is insufficient.
The charter of a unitary enterprise (UE) is approved by the authorized state (municipal) body and contains:
The name of the enterprise with an indication of the owner (for state-owned - with an indication that it is state-owned) and location;
The procedure for managing activities, the subject and goals of activities;
The size of the authorized fund, the procedure and sources of its formation.
The authorized capital of the UE is fully paid by the owner before state registration. The amount of the authorized capital is not less than 1000 minimum monthly wages as of the date of submission of documents for registration.
If the value of net assets at the end of the financial year is less than the size of the statutory fund, then the authorized body is obliged to reduce the statutory fund, about which the enterprise notifies creditors.
The property rights of a unitary enterprise are presented in Table. 3.2. A unitary enterprise may create subsidiaries of the UE by transferring to them a part of the property for economic management.
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According to the purposes of activity, legal entities are divided into:
* commercial;
* non-commercial (Article 50 of the Civil Code).
Differences between them:
* The main goal of commercial organizations is to make a profit, while non-profit organizations can engage in entrepreneurial activities only insofar as it serves to achieve the goals for which they were created and correspond to them;
* the profits of commercial organizations are divided among their participants, and the profits of non-profit organizations are used to achieve the goals for which they were created;
* commercial organizations have general legal capacity, non-commercial - special;
* commercial organizations can only be created in the form of economic partnerships and companies, production cooperatives, state and municipal unitary enterprises; and non-commercial - in the forms provided for by the Civil Code of the Russian Federation and other laws.
There are two classes of legal entities, which are divided by type of activity. These are commercial and non-profit organizations. A commercial organization is engaged in commercial activities, a market participant. The main goal is to obtain and maximize profits. After receiving the profit is distributed among the participants of the organization. A non-profit organization is engaged in non-profit activities.
One of the main goals of such an organization is not related to making a profit, and if there is a profit, it is not distributed among the participants in the organization. Both types of organizations can have profits, but non-profit organizations use it for statutory purposes.
The ultimate goal of the enterprise is to maximize profits.
The main tasks of the operating enterprise:
Getting income by the owner of the enterprise;
Conquest of the market or part of it;
Ensuring the stable development of the enterprise;
Increasing the efficiency of entrepreneurial activity;
Increasing labor productivity;
Providing consumers with the company's products;
Improving the quality of products;
Providing the personnel of the enterprise with wages, normal working conditions and the possibility of professional growth;
Creation of jobs for the population;
Environmental protection: land, air and water basins;
Prevention of failures in the work of the enterprise (disruption of delivery, production of defective products, a sharp reduction in volumes and a decrease in the profitability of production), etc.
In a market economy, the independent and separate activities of an enterprise are based on the following principles of its organization: self-sufficiency, self-management and self-financing.
A self-sustaining enterprise is an enterprise that has organized production in such a way that all the costs incurred by it to bring the raw product to the commodity are paid off in the cost of this product on the market, i.e., production costs are lower than the price at which the finished product is sold.
Self-management assumes that the enterprise independently chooses the product of production, acquires raw materials, determines the structure and technology of production, i.e., solves all organizational issues related to the activities of the enterprise (what, how and in what volumes to produce, where, to whom, and at what price to sell its products), independently manages the profits left after paying taxes and other obligatory payments.
Self-financing implies that the income received by the enterprise should not be completely consumed. Part of them should be used in the form of cash to solve the financial issues of the enterprise. That is, it is assumed that the enterprise does not just carry out production, but reproduction, and not only simple reproduction, but expanded production, i.e. production in an expanded sense.
Organization (enterprise, firm, concern) - an independent economic entity that produces products, performs work and provides services in order to meet social needs and make a profit. As a legal entity, it meets certain criteria established by the legislation of the Russian Federation: it is responsible for its obligations, can receive bank loans, conclude contracts for the supply of necessary materials and the sale of products.
The purpose of a commercial organization is to make a profit.
To achieve this goal, organizations must:
Produce competitive products, systematically update them in accordance with demand and available production capabilities;
Rational use of production resources, reduce costs and improve product quality;
Develop a strategy and tactics of the organization's behavior and adjust them in accordance with changing market conditions;
Provide conditions for the growth of qualifications and wages of personnel, create a favorable socio-psychological climate in the workforce;
Conduct a flexible pricing policy in the market and perform other functions.
The tasks of the organization are determined by the interests of the owner, the amount of capital, the situation within the organization, the external environment.
In the Civil Code of the Russian Federation, the classification of organizations as legal entities is based on three main criteria:
The right of founders in relation to legal entities or property;
Purposes of economic activity of legal entities;
Organizational and legal form of legal entities.
Depending on what rights the founders (participants) retain in relation to legal entities or their property, legal entities can be divided into three groups:
1) legal entities in respect of which their participants have binding rights. These include: business partnerships and companies, production and consumer cooperatives;
2) legal entities, on the property of which their founders have the right of ownership or other real right. These include state and municipal unitary enterprises, including subsidiaries, as well as institutions financed by the owner;
3) legal entities in respect of which their founders (participants) do not have property rights: public and religious organizations (associations), charitable and other foundations, associations of legal entities (associations and unions).
The above classification of legal entities is of great practical importance, especially in terms of distinguishing the first group of legal entities in respect of which their participants and founders have only obligations.
According to the organizational and legal form, legal entities that are commercial organizations, in accordance with the Civil Code of the Russian Federation, are classified as follows (Fig. 4.1):
Business partnerships;
General partnership, limited partnership (limited partnerships);
Business companies - limited liability companies, additional liability companies, joint-stock companies (open and closed types);
Unitary enterprises - based on the right of economic management, based on the right of operational management;
Production cooperatives (artels).
Rice. 4.1. Organizational and legal forms of a commercial organization
Business partnerships are an association of persons, they can be created in the form of general partnerships and limited partnerships.
A general partnership is an association of two or more persons to carry out entrepreneurial activities with the aim of making a profit, the participants of which personally participate in the affairs of the partnership and each is liable for the obligations of the partnership not only with the invested capital, but also with all his property. Losses and profits are distributed in proportion to the share of each of the participants in the common property of the partnership. The memorandum of association of a general partnership contains the following provisions: names of participants, company name, location, subject of activity, contribution of each participant, nature of profit distribution, terms of operation.
According to the law, it is prohibited for one of the participants to sell their share to a new person without the consent of other members of the general partnership.
The form of a full partnership is not widespread and is applicable only to small and medium-sized organizations.
A limited partnership is an association of two or more persons for carrying out entrepreneurial activities, in which the participants (general partners) are liable for the affairs of the partnership both with their contribution and with all their property, and others (limited partners, or contributor members) respond only with their contribution.
Limited partners, unlike general partners, do not take part in entrepreneurial activities and cannot influence the decision of general partners. A limited partnership operates on the basis of a memorandum of association.
Business companies are an association of capitals, which involves the accumulation of capitals, but not the activities of investors: the management and operational management of organizations is carried out by specially created bodies. Responsibility for obligations is borne by the organization itself, the participants are exempt from the risk arising from economic activity.
There are the following types of business companies: joint-stock companies, limited and additional liability companies.
A joint stock company (JSC) is formed by issuing and placing shares, the participants (shareholders) are liable, limited to the amount that was paid for the acquisition of shares. JSC is obliged to publish reports on its activities at the end of each financial year. This form of organization is currently the most common.
JSC is formed on the basis of the charter, which is developed and approved by the founders of the company. The charter determines the maximum amount for which shares can be issued (it is called the authorized capital) and their nominal value.
The authorized capital of a JSC is formed in two ways:
Through a public subscription for shares (open joint stock company - OJSC);
Through the distribution of shares among the founders (closed joint stock company - CJSC).
A share is a security that certifies participation in a JSC and allows you to receive a share of the company's profits. Shares can be of various types: registered and bearer; simple and privileged, etc.
JSC management bodies can have a two- and three-tier structure. The first consists of the board and the general meeting of shareholders, the second also includes the supervisory board. The General Meeting of Shareholders makes it possible to exercise the right of management of JSC members. The meeting is authorized to resolve such issues as determining the general line of development of the company, changing the charter, creating branches and subsidiaries, approving the results of activities, electing the board, etc.
The Management Board (Board of Directors) carries out day-to-day management of the company's activities, resolves all issues that are not within the competence of the general meeting. The Board is responsible for the most important management issues: transactions, accounting, organization management, financing and lending, etc.
The Supervisory Board is the body that controls the activities of the board. A member of the Supervisory Board cannot be a member of the Management Board at the same time. The OA's articles of association may provide for certain types of transactions that require the approval of the supervisory board.
A limited liability company (LLC) is a form of organization whose members make a certain share contribution to the authorized capital and bear limited liability within the limits of their contributions. The shares are distributed between the founders without a public subscription and must be registered. The size of the shares is determined by the constituent documents. A member of an LLC is issued a written certificate, which is not a security and cannot be sold to another person without the permission of the company.
LLC has the following characteristic features that distinguish it from other forms and types of business entities:
1) organizations in the form of LLCs are mostly small and medium-sized, more mobile and flexible in comparison with JSCs;
2) share certificates are not securities and, accordingly, do not circulate on the market;
3) the structure of the LLC is the simplest, business management, transactions are carried out by one or more managers;
4) the number of participants may be limited by law;
5) LLC is not required to publish its articles of association, balance sheet data, etc.
6) LLC operates on the basis of the memorandum of association and charter.
An additional liability company (ALC) is a kind of economic companies. The peculiarity of the ALC is that if the company's property is insufficient to meet the needs of creditors, the ALC participants can be held liable for the company's debts with their personal property in a solidary manner. However, the amount of this liability is limited: it does not concern all property, as in a full partnership, but only part of it - the same multiple for all of the amount of contributions made (three, five, etc.).
A production cooperative (artel) is an association of citizens for joint production or economic activities. Participation of legal entities is possible in a production cooperative. The number of members must not be less than five. Members of a production cooperative shall bear subsidiary liability for the obligations of the cooperative in the amount and in the manner prescribed by the law on the production cooperative and the charter.
The property owned by the cooperative is divided into shares of its members in accordance with the charter. The cooperative is not entitled to issue shares. The profit of the cooperative is distributed among its members in accordance with labor participation. The supreme governing body is the general meeting of members of the cooperative.
A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it. The property of a unitary enterprise is indivisible and cannot be distributed among deposits.
The charter of a unitary enterprise contains information about the subject and objectives of the activity, the size of the authorized capital, the procedure and sources for its formation. Only state and municipal enterprises can be created in the form of unitary enterprises.
The property belongs to a unitary enterprise on the basis of economic management or operational management.
An organization based on the right of operational management (federal state-owned enterprise) is created by decision of the Government of the Russian Federation on the basis of property that is in federal ownership.
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All organizations can be divided into 2 categories: commercial and non-commercial. The main purpose of the creation and functioning of commercial organizations is to make a profit. For non-profit organizations - profit is not an important goal.
Types of commercial organizations according to civil law:
Limited liability companies;
Municipal and state unitary enterprises;
Features of each type:
Partnerships (full) are commercial organizations that are created on the basis of a special memorandum of association. Entrepreneurial activity in full partnerships is carried out on behalf of the partnership. All participants in the partnership bear property responsibility for the activities of this commercial organization. Losses and profits are distributed among each participant in proportion to his contribution.
Production cooperatives are commercial organizations operating on the basis of the personal desire of citizens, with the aim of conducting joint economic or production activities. Each member of the cooperative must personally participate in economic or production activities. The responsibility of each member is subsidiary. The governing body is a meeting of members of the cooperative.
A limited liability company is an organization in which the authorized capital is divided into shares between the founders in accordance with the profit between the participants of the LLC is distributed according to their shares. Participants are not liable for the debts and obligations of their organization. The supreme governing body of an LLC is the meeting of its members.
Unitary enterprises are commercial organizations that do not have the right to dispose of property that is assigned to them by the owner. A unitary enterprise cannot be divided among the participants. The state or municipal service is recognized as the owner of the property of such an enterprise. Management body - the head appointed by the owner of the enterprise.
Partnerships (limited partnerships) are commercial organizations in which participants are liable for the obligations and debts of the enterprise with their property. In a limited partnership, unlike a general partnership, there are several investors who are liable for the risk of loss.
An additional liability company is a company founded by one or more founders. The ALC is divided among the participants into shares, which are defined in the constituent documents. ODO bears 2 types of responsibility:
* the company itself in the amount of the established fund;
* each (according to contributions).
A joint-stock company is an organization in which the authorized capital is divided into an equal number of shares in value, which certify the rights of the participant in relation to the company. The meeting of shareholders is the main governing body. The number of votes each shareholder has is distributed in proportion to the number of shares acquired. Profit is also divided in proportion to the number of shares. Joint-stock companies, in which shares can be sold not only to shareholders, are called open. Joint-stock companies in which shares cannot be sold without the prior consent of the shareholders are called closed.
Registration of commercial organizations takes place in the registration authorities. At the same time, the features of registration and creation of organizations are necessarily taken into account.
A commercial organization is an organization whose main activity is aimed at making a profit, which is distributed among all participants.
Commercial structures are defined in a strict organizational and legal form.
general characteristics
Each participant, also referred to as the founder, has certain rights, he can:
- take part in the affairs of the organization;
- receive any information of interest to him about the activities of the enterprise;
- take part in the distribution of income;
- claim your share of the property in time.
Such organizations are characterized by the following functional features:
- the presence of own or rented property;
- pooling the capitals of participants in order to increase and grow financial profits;
- combining the knowledge and experience of the participants.
All types of commercial structures have these characteristics, with the exception of they differ significantly in their organizational base.
Their main activity is trade, namely the sale of goods and services. At the same time, they are often engaged in providing all the necessary material resources, and also carry out trade and intermediary activities. Commercial firms are not directly involved in the production of the goods themselves; entrepreneurial organizations are characterized by this function.
The main goal of a commercial organization is to make a profit.
To achieve this goal, legal entities are engaged in the production of products that meet demand, able to compete in the market for goods and services. For the same purpose, they provide their participants with favorable conditions for productive activities.
The tasks that such a legal entity sets itself. a person are determined by the amount of financial resources available and at their disposal, the interests of the owner and other factors.
Classification
According to the degree of responsibility and organizational and legal form, all commercial structures are divided into four main types, each of which, in turn, is further divided into several groups:
- Business partnerships (the authorized capital consists of the contributions of the founders, who are fully responsible for the property of the organization).
- Business companies (the authorized capital consists of contributions from the founders who do not bear full responsibility for the property).
- (association of participants on a voluntary basis).
- Unitary enterprises (created by the state, do not have the right to own property, the authorized capital is budgetary funds).
Business partnerships have a distinctive feature - all members are responsible and risk for all property that belongs to the organization.
There are two types:
- - assumes full responsibility of all members;
- – not all participants are fully responsible.
Any partnership is built on the basis of the trust of the participants, each of which risks not only their contributions. Without a trusting relationship, no such association can exist.
Participants in a business partnership bear responsibility and risk only in the amount of their personal contribution. Their types:
- limited liability company - LLC (the capital is divided into contributions of participants who do not take a personal part in the affairs);
- company with additional liability (capital consists of shares of participants who bear additional liability for the debts of the enterprise in the amount of their own contribution);
- joint-stock companies - joint-stock companies (capital consists of shares, shareholders are not responsible for property, but risk within their own shares).
Joint stock companies are currently the most popular form of existence of commercial organizations. They are open and closed:
- CJSC (JSC) distribute shares within their organization among the founders.
- OJSC (PJSC) distributes shares by means of public subscription.
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Financial resources
The creation of such organizations is carried out at the expense of funds authorized capital, which is formed from the contributions of the founders and participants.
The financial sources of commercial firms in the course of their activities are:
- Revenue from services, goods and works. Its increase is an indicator of the financial growth of the enterprise. Growth in revenue occurs as a result of an increase in the volume of products or services, as well as due to an increase in tariffs.
- Sale of property. For various reasons, an organization may sell its equipment.
- Cash savings, this includes reserve savings.
- Income not related to revenue, non-operating income, provision of funds for a certain period of time at interest. This may include interest on deposits, loans, credits, rental income, fines and penalties received as a result of joint activities with other companies.
- Income from participation in the financial market.
- Funds from the budget. For example, in the form of subsidies, investments, payment of government orders.
- Proceeds from parent companies.
- A small percentage of monetary sources are gratuitous receipts.
Most of the finance is formed by sales proceeds, and budget revenues have a relatively small percentage.
Constituent documents
Any legal entity performs its functions on the basis of constituent documents. Each type of commercial organization has its own set of documents, it depends on the legal form.
The constituent documentation contains information about the name of the enterprise, its location and the procedure for managing activities. These three components characterize and identify a legal entity.
The main documents are considered and. A limited liability company and a unitary enterprise operate on the basis of the charter, but include other types of documentation:
- certificate of state registration;
- certificate of tax registration;
- memorandum of association (agreement of participants on the creation of this company);
- agreement on the rights of founders;
- list of founders;
- protocols, decisions, orders, etc.
Joint-stock companies perform their functions on the basis of the same documents, to which the register of shareholders is added instead of the list of founders.
Particular attention is paid to the method and conditions of storage of documentation, this is paid close attention during audits. And not surprisingly, its loss deprives a legal entity of its legal capacity. An official must be responsible for the safety of documents - usually this is the general director or special substructures - the department of documentation support, for example.
Documents are stored in sealed safes and metal cabinets and are issued strictly against receipt.
The terms of storage of documentation are established by regulatory legal acts, according to which each document has its own statute of limitations. The only exceptions are some papers that should be kept forever.
The law categorically prohibits the destruction of documents with an unexpired statute of limitations, as well as the storage of those whose expiration date has already expired. This entails administrative responsibility.
Differences from non-profit organizations
There are two types of legal entities in the Russian Federation. These are commercial and. If the result of the activity of the company is not to generate income, then it is called non-profit.
While there is some similarity, these forms differ significantly in goals and objectives and not only in them. The first and most important difference is in the goals. The purpose of commercial legal entities is to make a profit and improve the livelihoods of their founders. Nonprofits act in other interests. Their tasks are associated with a socially useful good and are aimed at solving socially significant problems.
In addition to this main difference, there are a number of others:
- Income distribution. If in a commercial firm the profit is distributed among the participants, and the other part goes to the development of their own enterprise, then in a non-commercial business the situation is somewhat different. In them, finances are used to achieve the goals prescribed in the charter.
- Produced product. The end product of commercial associations is an individual product that is in demand in the market. Non-profit firms are interested in producing a product for the public good.
- Employees. Non-profit companies assume the presence in the state of persons acting on a voluntary basis.
- Financial sources. Financial receipts in non-profit structures are divided into external (state funds) and internal (membership fees, income from deposits, and others).
- Control. The activities of commercial firms are governed by the behavior and demand of customers. Non-profit organizations do not operate on the basis of market relations, they are focused on a socially useful product. They are between market and non-market relations.
- Rights. Commercial organizations do not have strict restrictions on their rights, they can carry out any activity permitted by law aimed at making a profit. Whereas non-profit structures act in strict accordance with the statutory goals within their framework.
- Registration authority. Commercial firms are registered with the tax authorities, and non-profit firms with the Ministry of Justice.
