Economical society – commercial organization with the authorized capital divided into shares (shares) of the founders (participants).

Signs of business companies

Business companies are characterized by the following features:

• The contributions are divided into shares by the authorized capital;
• All property acquired or produced belongs to the partnership;
• The highest body is the meeting of participants;
• Business companies are considered as associations of capital, which does not imply, although it does not exclude, the mandatory personal participation of the founders in their affairs;
• Participants of business companies are not responsible for it, but only bear the risk of losses associated with the activities of the company. State bodies and municipal bodies are not entitled to participate in economic companies.

Types of business companies

Civil law in this moment distinguishes 2 types of business companies: limited companies and joint-stock companies.

Limited Liability Company

Society with limited liability(OOO)- a business company, the authorized capital of which is divided into shares, the participants are not liable for the obligations of the company, but only bear the risk of losses associated with the activities of the company within the value of their shares. An LLC can be created by 1 person.

LLC has a mandatory two-tier management system ( general meeting – executive agency), but a three-tier one is also possible (general meeting - supervisory board - executive body). The General Assembly is the highest will-forming body, the most important issues are assigned to its competence. The competence of the executive body (it may be collegiate or sole) includes issues that are not within the competence of the general meeting.

The number of participants in an LLC should not exceed 50 people, otherwise it is subject to transformation into a joint-stock company or in court.

An LLC has a founding document called a charter. The charter must contain information about the name of the LLC, its location, size authorized capital, composition and competence of its bodies and other information provided for by law

Transfer of share to authorized capital is allowed on the basis of succession, or otherwise, while the LLC participants enjoy the pre-emptive right to purchase a share or part of a share in the authorized capital.

A participant in an LLC has the right to withdraw from it without the consent of other participants by submitting an application.

Joint-stock company

Joint-stock company- a business company, the authorized capital of which is divided into a certain number of shares. Members of a joint-stock company are not liable for its obligations and bear the risk of losses within the limits of the value of their shares.

JSC can be public and non-public. A public company has the right to place shares by means of an open subscription. Shares of a non-public company may not be placed by open subscription or otherwise offered for purchase to an unlimited number of persons.

A joint stock company may be formed by one person, with the exception of certain cases. Any person can be a member of a joint stock company.

In a closed joint stock company, the pre-emptive right to purchase shares sold by other shareholders belongs to the founders of the joint stock company. In open joint-stock companies, such a restriction is not established; shares can be freely distributed among third parties, for example, by selling on stock exchanges.

The founding document of a joint-stock company is its charter. The charter must contain information about the name of the joint-stock company, its location, the value and amount of the authorized capital, the rights of shareholders, the composition and competence of the bodies, and other information provided for by law

Joint-stock companies with a small number of participants (up to 50) have a two-tier management system, while a larger number of participants requires the creation of a supervisory board.

The joint-stock company also maintains a register of shareholders.

Economic companies can be created in the following forms.

1. Limited Liability Company (LLC). A limited liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents. Members of an LLC are not liable for its obligations and bear the risk of losses associated with the activities of the company, to the extent of the value of their contributions. The number of participants in an LLC must not exceed the limit established by federal law dated December 8, 1998 No. 14-FZ "On Limited Liability Companies". Otherwise, it is subject to transformation into a joint-stock company within a year, and after the expiration of the total period - to liquidation in court, if the number of its participants does not decrease to the limit established by law.

2. Society with additional liability (ALC). An additional liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents.

Members of an ALC jointly and severally bear subsidiary liability for its obligations with their property in the same for all multiples of the value of their contributions, determined by the constituent documents of the company. In case of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the other participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the constituent documents of the company. The corporate name of the ALC must contain the name of the company and the words "with additional responsibility".

3. Joint stock company (JSC). A joint-stock company is a company whose authorized capital is divided into a certain number of shares. JSC participants (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares. Shareholders who have not fully paid for the shares shall be jointly and severally liable for the obligations of the joint stock company to the extent of the unpaid portion of the value of their shares. The company name of a joint-stock company must contain its name and an indication that the company is a joint-stock company.

A joint stock company can be established as an open joint stock company (JSC) or a closed joint stock company (CJSC). A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized as an open joint stock company. Such a company has the right to conduct an open subscription for shares issued by it and their free sale on the terms established by law and other legal acts. An open joint-stock company is obliged to publish an annual report for public information every year, balance sheet, profit and loss account.

A joint stock company whose shares are distributed only among its founders or other predetermined circle of persons is recognized as a closed joint stock company. Such a company is not entitled to conduct an open subscription for shares issued by it or otherwise offer them for purchase to an unlimited number of persons. Shareholders of a CJSC have a pre-emptive right to acquire shares sold by other shareholders of this company. The number of participants in a CJSC must not exceed the number established by Federal Law No. 208-FZ of December 26, 1995 "On Joint Stock Companies", otherwise it is subject to transformation into an open joint stock company within a year, and after this period - liquidation in a judicial order, if their number does not decrease to the limit established by law.

A contribution to the property of a business partnership or company may be money, securities, other things or property rights or other rights having a monetary value. Monetary valuation of the contribution of a participant in a business company is made by agreement between the founders (participants) of the company and, in cases provided for by law, is subject to independent expert verification. Business partnerships, as well as limited and additional liability companies are not entitled to issue shares. Economic partnerships and companies of one type may be transformed into economic partnerships and companies of another type or into production cooperatives by decision of the general meeting of participants in the manner prescribed by the Civil Code.

3. Production cooperative (artel). This is a voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, marketing of industrial, agricultural and other products, performance of work, trade, consumer services, provision of other services), based on their personal labor and other participation and association its members (participants) of property share contributions. The law and constituent documents of a production cooperative may provide for the participation of legal entities in its activities. A production cooperative is a commercial organization. Members of a production cooperative bear subsidiary liability for the obligations of the cooperative in the amount and in the manner prescribed by Federal Law No. 41-FZ of May 8, 1996 “On Production Cooperatives” and the charter of the cooperative.

4. State and municipal unitary enterprises. In the modern domestic economy, state and municipal commercial organizations are created in the form unitary enterprise. In accordance with paragraph 1 of Art. 113 of the Civil Code, a unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

In the form of unitary enterprises, only state and municipal enterprises. The property of a state or municipal unitary enterprise is, respectively, in state or municipal ownership and belongs to such an enterprise on the right of economic management or operational management. The firm name of a unitary enterprise must contain an indication of the owner of its property. A unitary enterprise is liable for its obligations with all its property. It shall not be liable for the obligations of the owner of its property.

A unitary enterprise based on the right of economic management is created by decision of an authorized state body or local self-government body. The size of the authorized capital of an enterprise based on the right of economic management cannot be less than the amount determined by the Federal Law of November 14, 1992 No. 161-FZ “On State and Municipal Unitary Enterprises” (hereinafter referred to as the Law on State and Municipal Unitary Enterprises) . If, at the end of the financial year, the value of the net assets of an enterprise based on the right of economic management is smaller size of the statutory fund, the body authorized to create such enterprises is obliged to reduce the statutory fund in accordance with the established procedure.

If the value of net assets becomes less than the amount determined by law, the enterprise may be liquidated by a court decision.

In cases and in the manner prescribed by law, on the basis of state or municipal property, a unitary enterprise on the basis of the right of operational management (state-owned enterprise) may be created.

The firm name of a unitary enterprise based on the right of operational management must contain an indication that such an enterprise is a state enterprise. The owner of the property of a state-owned enterprise bears subsidiary liability for the obligations of such an enterprise if its property is insufficient. A state-owned enterprise may be reorganized or liquidated in accordance with the Law on State and Municipal Unitary Enterprises.

Thus, civil law Russian Federation gave legal form to various types of domestic entrepreneurial activity. This means that the state protects the equality of business participants, the inviolability of property, freedom of contract, civil rights. At the same time, domestic civil legislation is built in accordance with the norms international law. All this contributes to the development of civilized forms of entrepreneurship in Russia

Business companies- commercial organizations created by one or more persons by combining (separating) their property for doing business.

The authorized (share) capital is divided into shares. This is what distinguishes business partnerships and companies from other commercial organizations.

Types of business companies:

1. limited liability company - a company whose authorized capital is divided into shares; the participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares;

2. additional liability company is a commercial organization founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents; the participants in such a company bear joint and several subsidiary liability for its obligations with their property in the amount of a multiple of the value of their contributions to the authorized capital. According to most scientists, ODO is a kind of LLC. In case of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the other participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the constituent documents of the company;

3. joint-stock company - a company whose authorized capital is divided into a certain number of shares; participants of a joint-stock company (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares

a. Company - shares are distributed only among its founders or other predetermined circle of persons

b. JSC - participants can alienate their shares without the consent of other shareholders

Creation order

A company can be created by establishing a new entity and by reorganizing an existing legal entity (merger, division, spin-off, transformation). The decision to establish a company is taken at the founding meeting. If a company is founded by one person, such a decision is made by this person alone.

1) Deciding on the creation of a society and determining

(1) founders . When forming the composition of participants, it is necessary to take into account restrictions on the composition of participants and their number (for LLCs and CJSCs it should not exceed 50). Citizens and legal entities can be participants in economic companies. A business partnership may be created by one person who becomes its sole participant. A company cannot have as its sole founder (shareholder) another economic company consisting of one person. State bodies and local self-governments are not entitled to act as participants in business entities, unless otherwise provided by law (for example, 1) by decision of the Government, executive bodies of the subject, local self-government bodies of the state or municipal property, as well as exclusive rights can be made as a contribution to the authorized capital of the JSC. At the same time, their share of shares cannot be less than 25% + 1 share. 2) The representative bodies of the MO to resolve issues of local importance may make decisions on the establishment of inter-municipal CJSCs and LLCs). Establishments may be participants in economic companies with the permission of the owner. State. employees cannot participate in paid basis in the activities of the management body of a commercial organization, with the exception of OJSC.

(2) brand name ,

(3) legal form ,

(4) location ,

(5) draft documents are being developed – for business companies, the constituent document is charter!!!(Memorandum of Association is not a founding document)

a) The founders of the company conclude among themselves founding agreement (is not constituent and does not apply to constituent documents ). It consists in a simple written form by drawing up a single document, the place and date of its conclusion, and the period of validity must be indicated. The agreement is signed by all the founders personally, the signature of the representative of the legal entity-founder must be sealed by this legal entity. It defines:

1. the procedure for their joint activities to create a company,

2. the size of the authorized capital of the company.

(a) LLC - the value of the shares acquired by its members. The authorized capital of a company determines the minimum amount of its property that guarantees the interests of its creditors (not m / b< 10.000 руб.). Оплата долей может осуществляться деньгами, ценными бумагами, другими вещами или имущественными правами либо иными имеющими денежную оценку правами (Вкладом не может быть объект intellectual property(patent, copyright, including a computer program, etc.) or "know-how". However, the right to use such an object may be recognized as a contribution).

(b) JSC - the nominal value of the shares of the company acquired by the shareholders. All shares of the company are registered (not m / b< 100.000 руб.).

1. for an LLC, the size and nominal value of the share of each of the founders of the company, as well as the amount, procedure and terms for payment of such shares in the authorized capital of the company

b) Charter- a document establishing legal status organizations. It serves as the sole founding document. The main purpose of the charter is to inform contractors and other persons entering into relations with the company about the scope of its activities, rights and obligations. The charter must contain information about the company name, the location of the organization, the structure and competence of the governing bodies, as well as the procedure for making decisions by them.

1. The charter of an LLC must additionally contain information on the amount of the authorized capital, the size and nominal value of the share of each participant, their rights and obligations, the procedure for leaving the company, the transfer of the share of the participant to another person, and some others (clause 2, article 12 of the Law on OOO).

2. The charter of a joint-stock company must contain information about the type of company (open or closed), the number, par value, category (ordinary, preferred) shares, the rights of shareholders-owners of shares of each category, and some other information.

2) Holding a constituent assembly. Minutes are kept at the meeting of founders. constituent Assembly is not carried out if the organization being created has only one founder. The agenda includes questions about:

(1) creating an organization;

(2) approval of the charter and (or) conclusion of an agreement on the establishment of the company;

(3) election of the sole executive body, members of collegial bodies;

(4) determination of the person who will be entrusted with carrying out state registration activities.

3) State registration of the organization- carried out at the location of the permanent executive body indicated by the founders in the application for state registration, in the absence of such an executive body - at the location of another body or person entitled to act on behalf of the legal entity without a power of attorney. A legal entity is considered to be created from the date of making the corresponding entry in the Unified State Register of Legal Entities.

Property, created at the expense of contributions of founders (participants), as well as produced and acquired by a business partnership or company in the course of its activities, belongs to it on the basis of ownership.

LLC founders are jointly and severally liable for obligations associated with its establishment and arising before its state registration. Shareholders, who have not fully paid for the shares, are jointly and severally liable for the obligations of the joint-stock company to the extent of the unpaid part of the value of the shares they own.

For the transitional period of the Belarusian economy, business companies are very convenient, which can be created in the form of limited liability companies, additional liability companies and joint-stock companies. Most societies are an association of capitals.

Business companies are recognized as commercial organizations with share (contributions) of founders (participants) authorized (share) capital. The property created at the expense of the contributions of the founders (participants), as well as the property produced and acquired by the economic company in the course of its activity, belongs to it by the right of ownership.

A business partnership may be created by one person who becomes its sole participant.

Citizens and legal entities. A contribution to the property of a business partnership may be money, securities, other things or property rights or other rights having a monetary value.

Monetary valuation of the contribution of a participant in a business company is made by agreement between the founders (participants) of the company and, in certain cases provided for by law, is subject to independent expert verification.

A limited liability company (LLC) is a form that is established by one or more persons, the authorized capital of which is divided into shares determined by the constituent documents (charter and memorandum of association - if there are participants and charters, if there is one participant). The founders of this company are not liable for its obligations and bear the risk of losses associated with the activities of the company within the value of their contributions.

The Civil Code of the Republic of Belarus formulates a requirement to provide at the time of state registration a document confirming the payment of at least 50% of the authorized capital (10% for production cooperatives). The number of participants in an LLC should not exceed fifty.

If the number of participants in the company exceeds the established limit, the company must be transformed into an open joint-stock company or a production cooperative within a year. If within the specified period the company is not transformed and the number of participants in the company does not decrease to the established limit, it is subject to liquidation in a judicial proceeding. The founders of the company conclude a memorandum of association and approve the charter of the company. The memorandum of association and the charter of the company are the founding documents of the company. If the company is founded by one person, the constituent document of the company is the charter approved by this person. In the event of an increase in the number of participants in the company to two or more, a memorandum of association must be concluded between them. In the founding agreement, the founders of the company undertake to create a company and determine the procedure for joint activities to create it. The memorandum of association also determines the composition of the founders (participants) of the company, the size of the authorized capital of the company and the size of the share of each of the founders (participants) of the company, the amount and composition of contributions, the procedure and terms for their introduction into the authorized capital of the company upon its establishment, the responsibility of the founders (participants) of the company for violation of the obligation to make contributions, the conditions and procedure for the distribution of profits between the founders (participants) of the company, the composition of the company's bodies and the procedure for exit of the company's participants from the company.

The authorized capital of a company is made up of the nominal value of the shares of its participants.

The value of the authorized capital of the company must be at least one hundred times minimum size wages established by federal law as of the date of submission of documents for state registration of the company.

The size of the share of a company participant in the authorized capital of the company is determined as a percentage or as a fraction. Each founder of the company must fully contribute to the authorized capital of the company within the period determined by the constituent agreement and which cannot exceed one year from the date of state registration of the company.

At the time of state registration of the company, its authorized capital must be paid by the founders for at least half. The company has the right to make a decision on the distribution of its net profit among the participants of the company quarterly, once every six months or once a year. The decision to determine the company's net profit to be distributed among the company's participants is made by the general meeting of the company's participants.

The part of the company's profit intended for distribution among its participants is distributed in proportion to their shares in the authorized capital of the company.

The supreme body of the company is the general meeting of participants in the company. The competence of the general meeting of participants in the company is determined by the charter of the company.

Each member of the company has a number of votes at the general meeting of members of the company, proportional to his share in the charter capital of the company, unless otherwise provided in the charter of the company.

The charter of the company may provide for the formation of the Board of Directors (supervisory board) of the company. Management of the current activities of the company is carried out by the sole executive body of the company or the sole executive body of the company and the collegial executive body of the company. The executive bodies of the company are accountable to the general meeting of participants in the company and the board of directors of the company. The Company is not obliged to publish reports on its activities. This legal form is most common among small and medium enterprises.

Additional liability companies can be created in Belarus, which are companies established by one or more persons, the authorized capital of which is also divided into shares of sizes determined by the constituent documents. This new form has many similarities to a limited liability company. A feature of this form is a different responsibility of the founders - they answer jointly and severally on a subsidiary basis in a multiple of the value of their contributions. Society itself remains the main debtor. But if its assets turn out to be insufficient for settlements with creditors, the rest of the debt is assumed by the founders in amounts that are multiples of the authorized contribution. The multiplicity is determined by the memorandum of association.

Each created economic company (in any form) is a legal entity, acts in accordance with the charter and constituent agreement adopted by its participants, has its own name with a mandatory indication of its organizational and legal form.

Legal entities included in the company as participants retain their independence and status of legal entities. In the Belarusian economy, significant specific gravity in terms of the number of personnel and the volume of output, they are occupied by joint-stock companies, especially those created as a result of the privatization of enterprises of state and municipal property. Open and closed joint-stock companies are being created.

A joint stock company is a commercial organization, the authorized capital of which is divided into certain number shares certifying the obligations of the company's participants (shareholders) in relation to the company. Members of a joint-stock company (shareholders) are not liable for its obligations, but bear the risk of losses associated with the activities of the company, within the value of their shares. The Company is liable for its obligations with all its property. Legal form joint-stock company is preferable for large enterprises where there is a great need for financial resources.

A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized as an open joint stock company (distribute their shares through open sale). Such a joint-stock company has the right to conduct an open subscription for the shares issued by them and their free sale on the terms established by laws and other legal acts. The number of shareholders of an open company is not limited. An open joint stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.

A joint stock company whose shares are distributed only among the founders or other predetermined circle of persons is recognized as a closed joint stock company. Such a company is not entitled to conduct an open subscription for shares issued by it or otherwise offer them for purchase to an unlimited number of persons.

As follows from the economic literature, many enterprises gravitated towards the creation of closed joint-stock companies in order to avoid the arrival of unwanted participants from outside. The number of participants in a closed joint-stock company must not exceed the number established by the law on joint-stock companies (should not exceed fifty people), otherwise it is subject to transformation into an open joint-stock company within a year, and after this period - liquidation by judicial procedure, if they the number will not decrease to the limit established by law.

The joint-stock company ensures the centralization of capital and is the main organizational form modern medium and large enterprises in a market economy. The founders of the company conclude a written agreement between themselves on its establishment, which determines the procedure for their joint activities to establish the company, the size of the authorized capital of the company, the categories and types of shares to be placed among the founders, the amount and procedure for their payment, the rights and obligations of the founders to create the company. The agreement on the establishment of the company is not a constituent document of the company. The founding document of the company is the charter.

The authorized capital of a joint-stock company is made up of the nominal value of the shares of the company acquired by the shareholders. Its value determines the minimum size of the company's property, which guarantees the interests of its creditors. It cannot be less than the amount provided for by the Law on Joint Stock Companies (the minimum amount of property for open JSCs must be at least a thousand times the minimum wage and for CJSC - at least one hundred times the minimum wage established by the legislation in force on the date of registration of the enterprise ).

Public subscription for shares of a joint-stock company is not allowed until the authorized capital is paid in full. When establishing a joint-stock company, all its shares must be distributed among the founders. Each owner of a share formally becomes a co-owner of a joint-stock company. However, small shareholders have little or no influence on management decisions accepted by the shareholders of the company. Such influence is exerted only by those shareholders who have a significant part of the shares. They possess large quantity votes: in proportion to the number of their shares as a percentage of their total number (the principle “one share - one vote” applies in joint-stock companies). But in practice, the possibility of managing a joint-stock company gives the ownership of 15-30% of all shares.

An open joint stock company differs from a closed joint stock company in that in an open joint stock company the number of shareholders is not limited, and in a closed joint stock company the number of participants should not exceed 50. If the number of shareholders of a closed joint stock company exceeds 50 people, then within a year the joint stock company must be transformed into an open joint stock company. Another difference is the procedure for issuing and placing shares - in OJSCs it is public, and in CJSCs it is limited to specific individuals and legal entities.

Shareholders are liable for the obligations of the joint-stock company, incur possible losses, risk only within the face value of their block of shares.

In this case, we are talking about the limited liability of members of the joint-stock company. The company itself is not liable for the property obligations of shareholders, accepted by them individually, privately.

A joint-stock company is one of the most complex organizational and legal forms of enterprises.

Therefore, it should have several management bodies, internal and external control, bodies of the general meeting, the distribution of competencies between them, the establishment of a procedure for making decisions by these bodies, their certain actions on behalf of the company, and the definition of responsibility for the losses caused. Such bodies are defined by the law “On Joint Stock Companies”. They are:

• 1) general meeting of shareholders
• 2) board of directors (supervisory board)
• 3) sole executive body (general director)
• 4) collegial executive body (board, executive directorate, executive director)
• 5) audit commission (body of internal control over the financial, economic and legal activities of the company)
• 6) counting commission (permanent body of the general meeting)

The meeting of shareholders is the supreme governing body of the company. It is through participation in it that the owners of voting shares exercise the right to participate in managing the affairs of the company.

However, the meeting of shareholders can consider and make decisions only on those issues that are assigned by the Federal Law to its competence, and the list of issues cannot be expanded at the discretion of the shareholders themselves.

The General Meeting of Shareholders elects the Board of Directors and its Chairman.

The Board of Directors appoints a sole and, if necessary, a collegial executive body. Consider the features of joint-stock companies as one of the organizational and financial-economic forms of management.

These features are as follows:

Societies use effective method mobilization financial resources through the issuance of shares in order to start a business;

Limited liability. A shareholder in the event of bankruptcy of a joint-stock company risks losing the money that he spent on acquiring shares;

Participation of shareholders in the management of the company (above is a description of their capabilities in the management of a joint-stock company);

The right of shareholders to receive annual income in the form of a dividend;

Use of opportunities to stimulate personnel (granting a pre-emptive right to managers and employees to purchase shares, sell them in installments, at a discount, etc.).

All over the world, this organizational and legal form represents a more advanced mechanism for organizing economic activity. The positive features of joint-stock companies are: the division of share capital into uniform, freely tradable shares - shares; limited liability of shareholders for the obligations of the company in the amount of the value of the share; the statutory basis of the association, which makes it easy to change the number of participants and the size of the share capital; separation of the function of general management (meeting of shareholders) from management economic activity(management of the company), etc.

Characteristic features of AO:

• * is a legal entity;
• * bears property liability to creditors;

has property that is completely separate from the property of individual shareholders;

* owns cash share capital, divided into parts (shares).

AO Advantages:

• * are able to attract additional investments by issuing shares, limit the liability of partners-shareholders to the value of shares with a common economic interest;
• * reduce entrepreneurial risks;

facilitate the transfer of capital from industry to industry.

In some cases, independent commercial activities of a legal entity may not be effective enough. In such situations, it is advisable to create economic companies.

Concept definition

Economic companies are subjects of entrepreneurial activity, the creators of which are legal or natural persons. They are formed by combining property, the ultimate goal of which is to maximize profits. The formed organizations themselves have the status of legal entities.

It should be noted that the participants of economic companies are not only business entities, but also citizens who are not directly related to commercial activities. Entering into this association, each of the subjects retains its original status.

In order for an organization to have the right to be called a business entity, it must meet the following criteria:

• has the form of a legal entity;
• entrepreneurs, enterprises or individuals act as founders;
• in the course of the creation of the company, the property values ​​of the participants were combined;
• each of the participants in the organization has and exercises the right to directly participate in its commercial and other activities;
• the main purpose of creating an association is to extract the maximum financial benefit.

Operating principles

Business companies operate in accordance with a number of principles:

• members of the association independently and freely determine the type of commercial activity;
• technology development, organization production process, establishing supplies and sales, budgeting and other points occur without outside interference;
• the management of the company has complete freedom in terms of attracting and releasing personnel (within the framework of labor legislation);
• activities are aimed at obtaining benefits, which is associated with corresponding financial risks.

Types of business companies

With the development of the economy, more and more associations of entrepreneurs appear on the market. In this regard, the following types of business entities are distinguished:

• A joint stock company is an organization whose authorized capital is proportionally divided into a certain number of shares. Each of them has the same denomination. Shareholders (holders valuable papers) are liable to the extent of their share in the capital.
• A limited liability company, like the previous one, also has an authorized capital divided into several parts. At the same time, the holders of securities bear liability exclusively within these figures.
• Each of the participants in an additional liability company is liable on a scale proportional to its share in the capital. If the funds of the organization are not enough to cover the obligations, then all its members repay the balance of the debt in equal shares.
• A full partnership is such an economic association in which the participants are liable for obligations not only with their capital investments, but also with all their personal property.
• Limited partnerships grant their members the right to exercise entrepreneurial activity from their face. In this case, there is an additional responsibility. In some cases, personal property may also be used to cover obligations.
• The association arises on the basis of contractual relations. Despite the fact that its participants pursue a common goal and are accountable to management, it does not interfere in any way in the commercial activities of these units.
• A corporation is in many ways similar to an association. The main difference is that the participants delegate certain powers to manage their activities to the top management.
• A consortium is an association that is temporary. After achieving the common goal, prescribed in the contractual and statutory documents, this company ceases to operate and exist.
• A concern is an association of several enterprises or organizations that are engaged in different types production or non-production activities. What they have in common is their dependence on a central governing body that finances them and coordinates activities on all key issues.

Forms of joint-stock companies

Forms of business companies, the authorized capital of which is distributed among the shareholders, may be as follows:

• Open - their shares can be purchased by anyone in the course of free trading. In addition, if you wish to sell your securities, the holder can freely carry out his intention without notifying other participants in the economic company.
• Closed - are characterized by the fact that the shares are distributed to a strictly defined circle of people (most often it is limited to the founders. In order to sell securities or transfer them to the ownership of another person, the participant must notify his partners and obtain their consent to this action.

Rights

The rights of a business partnership (namely, its participants) can be described as follows:

• participation in the management of the organization (carried out in accordance with the statutory documents, the contract, as well as legislative norms);
• participation in the distribution of profits, as well as the receipt of dividends corresponding to the share in the authorized capital;
• obtaining complete information about the activities of the company ( we are talking both on annual reporting documents and unscheduled provision of relevant information);
• in accordance with the procedure established by law, as well as statutory documents, a participant in a business partnership may leave it.

Responsibilities

Participants of a business partnership are obliged to:

• carry out its activities in accordance with the constituent documents of the organization;
• be fully subordinate to the highest governing bodies;
• pay the authorized capital in the amount corresponding to the package of securities;
• act not only in their own interests, but also in the interests of all members of society.

Work organization

The organization of a business company involves the preparation of constituent documents, the main of which is the charter. He contains general information about the participants, as well as types of commercial activities. In addition, the types and features of securities should be described in detail here, in accordance with which the payment of the authorized capital and the distribution of responsibility are made. Further there is information about the name and coordinates, as well as the terms of activity (if they are limited).

Business companies are required to undergo state registration. For each species, it has its own characteristics. After reviewing the documents in the relevant authorities and obtaining a registration certificate, the company receives the status of a legal entity. All changes that will be made in the future to the charter and other constituent documents are also subject to state registration.

findings

A fairly common phenomenon in the modern economy is an economic society. commercial enterprise(or individual) is not always able to achieve the desired results alone. In this case, organizations with similar goals and activities can merge. There are several types of business entities. They differ in the types of securities, as well as the principles of distribution of responsibility between the participants.

It should be noted that the main feature of business entities is a commercial orientation. After the profit is received, each participant has the right to receive his share in accordance with the package of securities or the degree of participation in the authorized capital.