Organizational and legal forms of enterprises, their features. Duties and rights of business entities
If you decide to open your own enterprise, you need to decide who will be the owner: you are single or several owners. Such moments at the opening of the company seem insignificant, the main thing is to open up and make a profit, but in the future they may lead to the need to reorganize and re-register the company.Organizational and legal forms of enterprises are the main criteria for assessing and the legitimacy of property disputes both between business entities and between owners. They affect the ability to manage the enterprise and its property, to engage in licensed activities.In order not to be mistaken and correctly conduct the registration of a new business entity, let us consider the existing legislatively established organizational and legal forms of enterprises. To date, allowed to create:
- cooperatives (collective enterprises);
- associations of state, federal and city levels;
- business companies, associations and partnerships.
Brief description and features of the organizational and legal forms of enterprises
- Cooperatives (collective societies) are based on shares of participants. The distribution of profits occurs depending on the size of the contribution. The responsibility of members of the voluntary community is joint and several.
- State and city associations provide for the implementation of its activities at the expense of property that does not belong to them (transferred for use).
The most common organizational and legal forms of enterprises - societies, associations and partnerships.
Business companies, associations, closed partnerships (CJSC or CAT)
CJSC assumes opening of the enterprise by several participants.The formation of the share capital is carried out in accordance with the shares due to one or another owner. Participation is determined by the relevant agreement. Participants can not independently manage their shares - all issues are decided at a general meeting. Responsibility for property disputes, the receipt of dividends is strictly limited to the part of shares in the authorized capital.
Business companies, associations, limited partnerships (LLC or LLP)
Ltd. can be opened by legal entities and individuals (maybe one participant). The authorized capital is determined in shares, fixed in the relevant agreement. All property claims to the business entity from other participants of legal relations are limited to the limits of the assessed value of the contributions made. Such an organization of the production process is particularly relevant in cases where the company is small, and the forms of the enterprise’s activities require the formation of a legal entity, for example, the sale and sale of alcoholic beverages.
Economic joint-stock companies, associations, open partnerships (OJSC or OAT)
JSC involves the issuance and issuance of its shares for free circulation. The participants of such a business entity do not bear any liability for the activities of the enterprise. Without any restrictions can manage their shares (buy, sell, give, etc.). Payment of dividends and the distribution of profits depends on the number of shares owned by the participant.