Private commercial organization. Commercial credit organizations

According to the law, a commercial organization is usually called a legal entity that seeks to make a profit in the course of its activities. The forms of commercial organizations can be very different, and, nevertheless, the essence of their existence will not change.

A commercial organization is an independent economic unit that can produce goods and services for consumption by society, and of course, to make a profit from its activities. Each form of commercial organization complies with the norms established at the legislative level.

Basic concept and essence of a commercial enterprise

Depending on their goals, it is customary to distinguish between commercial and non-profit organizations. Some, in the process of activity, strive to obtain a high income, others provide services of a non-commercial, that is, non-profitable nature.

Those organizations that are classified as commercial are created solely to generate income. Moreover, the activities of such organizations are directly related to the sale of goods and services. Supply of material resources, as well as trade and intermediary activities. According to current legislation, there may be several types of organizations, differing in characteristics. Not every one of these can be considered commercial. It is necessary to highlight the main criteria according to which an organization can be considered commercial:

The main goal is profit

• The pursuit of the goal is to make a profit that fully covers expenses.
• Created in accordance with established legal norms.
• Upon receipt of profit, it distributes it in accordance with the owners' shares in the authorized capital.
• They have their own property.
• They can be held accountable for their obligations.
• They exercise their rights and responsibilities independently, act in court, etc.

The main goals pursued by business entities conducting commercial activities include:

• Release of products or services that can compete in the market. At the same time, what is produced is constantly and systematically updated, has demand and production capacity for production.
• Rational use of resources. This goal is due to the fact that it affects the final cost of the product or service produced. Thus, due to a rational approach to use, the cost of products does not increase while maintaining high quality indicators.
• Business organizations systematically develop strategies and tactics that are adjusted depending on market behavior.
• It has all the conditions to ensure the qualifications of its subordinates, including increased wages and the creation of a favorable climate in the team.
• Conducts pricing policy in such a way that it corresponds as much as possible to the market, and also performs a number of other functions.

Finance of commercial organizations

As part of the creation of enterprise funds, finances are created and formed, which are based on the enterprise’s own resources, as well as attracting funds from outside, that is, investments. As a rule, the finances of each organization are closely related to cash flow.
It is generally accepted that the economic independence of each commercial enterprise is impossible without the implementation of the same type of characteristics in the field of finance. Thus, regardless of other entities, each business entity determines its expenses and sources of financing in accordance with current legislation.

It is important to note that finance has two important functions for an enterprise, namely:

• Distribution.
• Test.

Under the distribution function, the initial capital is executed and formed, which is based on the contributions of the founders. Capital is formed depending on the volume of their investment, and accordingly determines the rights of each of them in order to ultimately distribute legally received income, as well as the possibility and procedure for using such funds. Thus, at the enterprise, it turns out to influence the production process and the interests of each of the subjects of civil turnover.

The control function is designed to take into account the costs of production and the sale of manufactured goods or products, in accordance with their value and the costs of the product. Thus, it is possible to form and predict a fund of funds, including a reserve fund.

The finances of the enterprise must be under control, which is implemented through:

• Analysis at the enterprise itself, regarding its indicators for the execution of the budget and plan, the schedule for fulfilling obligations, etc.
• Control can be exercised directly by regulatory government bodies regarding the timely and complete calculation of tax obligations, as well as the correctness of their accrual.
• Other companies hired to perform the supervisory function. These could be various consulting companies.

Thus, by monitoring financial indicators, it is possible to identify the real result of business activities, make a decision regarding the appropriateness of the chosen direction of activity, the quality of its conduct, as well as its continuation.

Otherwise, without proper control, any of the business entities may become bankrupt, having no idea in which of the articles it had a “hole”

Modern classification of activities

Today, commercial organizations are usually classified as follows:

• Corporations.
• State and municipal enterprises.

It is important to note that the first group is corporations, these are those commercial enterprises that are managed by the founders, as well as members of higher bodies who have corporate rights. At the same time, a large group of corporations may include business societies and partnerships, production cooperatives, as well as farms.

The second group includes organizations that do not have ownership rights to property transferred by the owner. Thus, they cannot acquire corporate rights to it. Such enterprises are created under the supervision of the state.

At the same time, the legislation defines the following forms of organizational and legal form:

• Full partnership. This form is characterized by the fact that it has a company charter, which is based on the contributions of the co-founders. Profit or loss borne by the partners of the general partnership is divided proportionally.
• Limited partnership.
• Farming.
• Economic society.
• A company with additional responsibility. With this form of management, participants bear subsidiary liability for obligations, that is, each participant is responsible for obligations in accordance with their investment.
• Limited Liability Company. This is an institution that has one or more persons at its head. It has constituent documents, but the number of its co-founders is limited to fifty.
• Unitary enterprise. This enterprise does not have property that would be assigned to it, because such enterprises are most often state-owned.
• Trading company or foreign company.
• Multinational enterprise.
• Joint-stock company. This form of business is determined by the authorized capital, which is divided depending on the participants. Each of them is not responsible for the obligations that arise in the course of activity. Profit is distributed in proportion to shares.
• Non-public joint stock company. Limited Liability Company.
• Production cooperative.

Difference between for-profit and non-profit organizations

In terms of business form, commercial and non-profit organizations differ. In particular, one of the most important differences is making a profit. Thus, a non-profit organization does not set itself such a goal, unlike a commercial one.

More details in the video

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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 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) property of individual citizens, including property of personal subsidiary plots, vehicles and real estate;

b) property of an association of citizens (full 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 ownership of citizens and legal entities.

State property form objects:

a) federal (RF) property;

b) property of constituent entities of the Russian Federation (republics, territories, regions, autonomous districts and the cities of Moscow and St. Petersburg);

c) municipal (districts, districts, prefectures) property.

Mixed ownership is formed as a combination of different forms of ownership. Mixed economy organizations (companies) are those in which the state or any public body combines with private capital for various reasons, for example, state participation in a private company whose activities are in the public interest, or to control and direct its general policies etc. The state, participating in such companies, strives not so much to make a profit, but to direct the policy of these organizations. This is where the duality of such a system sometimes lies, since, on the one hand, a situation may arise when board members representing the state help weaken the company’s production and financial responsibility and seek to impose on it the government’s point of view, 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 state representatives participate in the economic activities of the company and bear responsibility for its economic performance.

Based on their form of ownership, organizations can be divided into private and public (Fig. 3.3).

Organizations in the private sector of the economy differ depending on whether one or more persons are its owners, on the responsibility for its activities, and on the method of including individual capital in the total capital of the organization. The public sector of the economy is state (federal and federal subjects) and municipal enterprises (this refers not so much to the fact that the state acts as an entrepreneur, but to the fact that state or public enterprises operate on the principles of entrepreneurship).

An individual entrepreneur (IP) is a capable citizen who independently, at his own risk and under personal individual responsibility, carries out entrepreneurial activities and is registered for these purposes in the prescribed manner.

The individual entrepreneur bears full responsibility for the obligations with all the property belonging to him, with the exception of that which has been foreclosed in accordance with the Civil Code of the Russian Federation. This means that collection of an individual entrepreneur’s debts can also be imposed on his personal property that is not involved in business 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 legal norms governing the activities of commercial organizations apply to him. An individual entrepreneur can, after paying taxes, dispose of the profits at his own discretion. A simplified form of the taxation system is provided for it, which consists of quarterly payment of taxes on the income declared by the individual entrepreneur himself. Personal income of individual entrepreneurs is subject to tax levied in the same way as income tax from citizens.

An individual entrepreneur has the right to create commercial organizations. After registering as a commercial organization, an individual entrepreneur can hire and fire workers. He can invest his capital in other areas of activity, making a profit from it. The number and value of property owned by an individual entrepreneur is not limited by law. Land plots of an enterprise, property complexes, buildings, structures, equipment, securities, etc. may be privately owned. An individual entrepreneur can be a participant in a general partnership, as well as enter into agreements on joint activities (in the form of a simple partnership).

In Russia, individual entrepreneurs have the same rights as legal entities. According to the Law “On Investment Activities 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) enterprise operating without forming a legal entity.

The state registration of a citizen as an individual entrepreneur loses force and his activities are terminated from the moment:

A court decision declaring an individual entrepreneur insolvent (bankrupt);

Receipt by the registering authority of an entrepreneur’s application to cancel his state registration and quality as an entrepreneur and the registration certificate previously issued to him;

Death of a citizen;

Recognition of a citizen by a court decision as incompetent or partially capable (in the absence of the consent of the trustee for the ward citizen to engage in entrepreneurial activity).

An individual entrepreneur who is unable to satisfy the demands of creditors related to the implementation of business activities may be declared insolvent (bankrupt) by a court decision.

Individual entrepreneurship is a priority for people who are able to individually control the decision-making process. The advantage of sole ownership is payment only of 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 areas of activity.

Commercial organizations are divided into three large categories: organizations that unite individual citizens (individuals); organizations combining capital and state unitary enterprises (Fig. 3.4). The first include business partnerships and production cooperatives. clearly distinguishes between partnerships - associations of persons that require the direct participation of the founders in their activities, and companies - associations of capital that do not require such participation, but involve the creation of special management bodies. Business partnerships can exist in two forms: general partnership and limited partnership.

IN general partnership(PT) all its participants (general partners) are engaged in entrepreneurial activities on behalf of the partnership and bear full financial responsibility for its obligations. Each participant can act on behalf of the partnership, unless the constituent agreement establishes a different procedure. The profit of a general partnership is distributed among the participants, as a rule, in proportion to their shares in the share capital. For the obligations of a general partnership, its participants bear joint liability with their property.

A partnership of faith, or a limited partnership (TV or CT), is recognized as a partnership in which, along with general partners, there are also participant-contributors (limited partners) who do not take part in the business activities of the partnership and bear limited financial liability within the limits of the amounts of contributions made by them. Essentially, 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 liability for the organization’s liabilities (responsible with all their property).

Business partnerships(HT), like business companies (CO), are commercial organizations with authorized (share) capital divided into shares (contributions) of founders (participants). Differences between HT and HO appear, in relation to their more specific forms, in the methods of their formation and functioning, in the characteristics of their subjects in terms of the degree of material responsibility of these subjects, etc. In the most general form, all these differences can be interpreted in the context of the relationship between 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 property shares by its members (participants). The features of the PrK are the priority of production activities and personal labor participation of its members, the division of the property of the PrK into shares of its members (Fig. 3.5).

Cooperatives and organizations with the participation of workers in management and profits, which have spread in a mixed economy, have certain advantages over enterprise-type companies in labor productivity, social climate and labor relations, and income distribution. The introduction of essentially socialist principles of organization into economic activities (participation of workers in management, profits and share ownership) 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 (since their remuneration is still limited by salary); losses from strikes and labor conflicts; high labor turnover, which in current conditions is associated with particularly high costs due to the growing costs of training workers for specific activities in this particular organization, etc.

But purely self-managing companies are inferior to entrepreneurial ones in a number of ways: in addition to weak and possibly counter-response to market signals in the short term, they tend to “underinvest”, that is, to eat away their profits; In the long term, they are conservative in risky projects and the introduction of technical innovations.

Joint-Stock Company(JSC) is a company whose authorized capital consists of the nominal value of the company's shares acquired by shareholders and, accordingly, is divided into this number of shares, and its participants (shareholders) bear financial liability within the limits of the value of the shares they own (Fig. 3.6) . Joint-stock companies are divided into open and closed (OJSC and CJSC). Participants in an OJSC can 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 closed joint-stock company, shares are distributed by private subscription only among its founders or other predetermined circle of persons, and the number of founders in Russian legislation is limited to 50 persons.

Limited Liability Company(LLC) is a company whose authorized capital is divided into shares of participants who bear financial liability only within one hundred

Joint-Stock Company(JSC) is a company whose authorized capital consists of the nominal value of the company's shares acquired by shareholders and, accordingly, is divided into this number of shares, and its participants (shareholders) bear financial liability within the limits of the value of the shares they own (Fig. 3.6) . Joint-stock companies are divided into open and closed (OJSC and CJSC). Participants in an OJSC can 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 closed joint-stock company, shares are distributed by private subscription only among its founders or other predetermined circle of persons, and the number of founders in Russian legislation is limited to 50 persons.

But there is 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 bear financial liability only to the extent of the value of their contributions. Unlike partnerships, an LLC has an executive body that carries out the ongoing management of its activities.

Additional liability company(OOD) is essentially a type of LLC. Its features: joint subsidiary liability of participants for the obligations of an ALC with their property in the same multiple of the value of their contributions, determined in the constituent documents; In case of bankruptcy of one of the participants of an ALC, division of his responsibility for the obligations of the company between other participants in proportion to their contributions.

To state and municipal unitary enterprises(UP) include enterprises that are not vested with the right of ownership to the property assigned to them by the owner. This property is in state (federal or federal subjects) or municipal ownership and is indivisible. There are two types of unitary enterprises (Table 3.1):

1) based on the right of economic management (they have greater economic independence, in many ways they act like ordinary commodity producers, and the owner of the property, as a rule, is not responsible for the obligations of such an enterprise);

2) based on the right of operational management (state-owned enterprises) - in many ways they resemble enterprises in a planned economy; the state bears subsidiary liability 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 indicating the owner (for a state-owned enterprise - indicating that it is state-owned) and location;

The procedure for managing activities, the subject and goals of activities;

The size of the authorized capital, the procedure and sources of its formation.

The authorized capital of the unitary enterprise is fully paid by the owner before state registration. The size of the authorized capital is not less than 1000 times the minimum monthly wage 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 authorized capital, then the authorized body is obliged to reduce the authorized capital, of which the enterprise notifies creditors.

The property rights of a unitary enterprise are presented in table. 3.2. A unitary enterprise can create subsidiary unitary enterprises by transferring part of the property to them for economic management.

The Civil Code of the Russian Federation provides for the following possible forms of organizing business activities:

business partnerships

business companies

production cooperatives

state and municipal unitary enterprises

A business partnership is a commercial organization whose authorized capital is divided into shares (contributions) of its participants (founders), who are liable for its obligations with the property they own.

A business company is a commercial organization whose authorized capital is divided into shares (contributions) of its participants (founders), who are not liable for its obligations with the property they own and risk only their shares (contributions).

A production cooperative (artel) is a commercial organization that unites citizens on a voluntary basis on the basis of membership, personal labor and other participation, and making property share contributions.

A state (municipal) unitary enterprise is a commercial organization created by the state (municipal governing body) and not endowed with ownership rights to the property assigned to it by the owner.

Three of the above four forms of entrepreneurial activity represent one form or another of combining separate, individual, private capital.

The main advantages of combining capital compared to individual entrepreneurship are as follows:

pooling of capital allows you to quickly increase it, and therefore quickly expand this or that commercial activity;

distribution of responsibility for the safety and effective use of the combined capital;

freeing up time for businessmen for personal life, education, recreation, treatment, etc.;

combining the experience and knowledge of capital owners, expanding opportunities to attract highly qualified specialists in all areas of activity;

the owners of the combined capital bear the risk only within the limits of their contributions.

Production cooperative

A production cooperative as a form of organization of entrepreneurial activity may not differ economically from a business partnership or company. It is assumed that members of a production cooperative take personal labor participation in its activities. However, on the one hand, the same thing can happen in small business partnerships and societies, and on the other hand, the law does not exclude the possibility of membership in a production cooperative of legal entities and forms of participation in its work other than labor.

As a legal entity, a production cooperative is characterized by the following features:

It is an association of citizens who organize themselves to work;

The basis of the association is membership in the cooperative;

Members of the cooperative participate in the activities of the cooperative through personal labor;

Not only personal labor, but also property participation in the activities of the cooperative is required;

Membership in a cooperative on the basis of only a share contribution without personal labor participation is in principle permitted, but in certain amounts - no more than 25 percent of the amount of share contributions.

The existence of members of the cooperative who do not participate in the activities of the cooperative through their labor is also allowed. But there should be no more than 25 percent;

Members of a production cooperative bear subsidiary liability (subsidiary liability implies that if the property of the cooperative is not enough to cover the obligations, the remaining debt is reimbursed by the shareholders) for the obligations of this legal entity in the amount established by the charter of the cooperative;

The corporate name of this legal entity must contain the actual name of this cooperative and the words “production cooperative” or “artel” (these are synonyms);

The constituent document here is the charter adopted at the general meeting of members of the cooperative;

The number of members of the cooperative must be at least 5. The maximum number is not limited;

The property base of the cooperative's activities is formed by the share contributions of the members of the cooperative.

Unitary enterprise

The main difference between a business partnership and a company and a unitary enterprise is that, firstly, the property they have belongs to them by right of ownership, and secondly, by the right of economic ownership or operational management. In practice, there is usually a second difference between these forms of commercial organizations, which is that unitary enterprises always have only one owner (the state or municipal government), while business organizations usually have several such owners (although the law allows for the possibility of having they also have only one owner).

A unitary enterprise can only be based on state or municipal property.

A unitary enterprise has the following characteristics:

1. Unlike business companies, partnerships and production cooperatives, the enterprise itself does not have the right of ownership of property. The owner of this property continues to be the founder of this enterprise. This property is assigned to the unitary enterprise itself either on the right of economic management, or on the right of operational management, on the so-called limited property right;

2. The property of a unitary enterprise is not distributed among the employees of this enterprise, is indivisible, and there can be only one owner of a unitary enterprise;

3. The management body of a unitary enterprise is sole. This is, as a rule, a director or general director who is appointed by the owner of the property of this unitary enterprise. Collegial forms of governance are not allowed;

4. The following may be the owner of a unitary enterprise:

The Russian Federation as a subject of civil law,

subjects of the Russian Federation,

municipalities.

Economic partnership

A business partnership differs from a business company in the form of responsibility of their members, or the amount of risk they bear when participating in a particular business organization. This liability can be full, i.e., include liability for the entire property of a participant in a commercial organization, regardless of the size of his contribution to its authorized capital, or partial, limited, i.e., limited to the size of his share (contribution) to the authorized capital of this organization.

A business partnership is based on a contribution to the authorized capital and full property liability of its members. A business company is based on a contribution to the authorized capital, but the liability of its members is limited only by the size of the contribution itself.

A business partnership can exist in two varieties: general partnership and limited partnership.

Full partnership - This is a business partnership in which all its participants, called “full partners,” are liable for its obligations with the property they own.

Partnership of Faith- this is a business partnership in which not all of its participants are liable for its obligations with the property belonging to them, but there are one or more participants who do not take part in the business activities of the partnership, and therefore bear the risk of losses only within the limits of their contributions.

Any person can be a member of only one general partnership or be a general partner in only one limited partnership.

A participant in a general partnership cannot simultaneously be a general partner in a limited partnership and vice versa.

The organization of any partnership is based on the personal trust relationships of its participants. Without trust, a partnership is impossible, since the risk of its participants is unlimited (except by the size of their personal property).

A business company can exist in the following forms:

limited liability company;

additional liability company;

Joint-Stock Company.

Participants in commercial organizations have the right to participate in their management, receive information about their activities, participate in the distribution of profits received, receive a portion of the property remaining after the liquidation of the organization proportional to their contribution, and have other rights under the law and in accordance with the statutory documents.

The classification of commercial organizations is shown in Fig. 3.

Rice. 3. Classification of commercial organizations

According to the purposes of their activities, legal entities are divided into:

* commercial;

* non-profit (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 and corresponds to the goals for which they were created;

* the profit of commercial organizations is divided among their participants, and the profit of non-profit organizations goes to achieve the goals for which they were created;

* commercial organizations have general legal capacity, non-profit organizations have special legal capacity;

* commercial organizations can be created only in the form of business partnerships and societies, 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 and is a market participant. The main goal is to obtain and maximize profits. After receiving the profit, it 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 of the organization. Both types of organizations can have profits, but non-profit organizations use them for statutory purposes.

The ultimate goal of the enterprise is to maximize profits.

The main tasks of the operating enterprise:

Receipt of income by the owner of the enterprise;

Conquering the market or part of it;

Ensuring stable development of the enterprise;

Increased efficiency of business activities;

Increased labor productivity;

Providing consumers with the company's products;

Improving the quality of products;

Providing the company’s personnel with wages, normal working conditions and opportunities for professional growth;

Creating jobs for the population;

Environmental protection: land, air and water basins;

Preventing disruptions in the operation of the enterprise (delivery failure, production of defective products, sharp reduction in volumes and reduction in production profitability), 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-government and self-financing.

A self-sustaining enterprise is an enterprise that has organized production in such a way that all the costs it makes to bring the raw product to the market are recouped 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-government assumes that the enterprise independently selects a production product, acquires raw materials, determines the structure and technology of production, i.e., it resolves 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 sell its products), independently disposes of the profit received, remaining after paying taxes and other obligatory payments.

Self-financing implies that the income received by the enterprise does not have to be completely consumed. Part of them should be used in the form of cash to resolve the financial issues of the enterprise. That is, it is assumed that the enterprise not only carries out production, but reproduction, and not only simple reproduction, but expanded production, i.e. production in an increased sense.

A commercial organization is an organization whose main activity is aimed at generating profit, which is distributed among all participants.

Commercial structures are defined in a strict organizational and legal form.

general characteristics

Each participant, also called the founder, has certain rights; he can:

• take part in the affairs of the organization;
• receive any information he is interested in about the activities of the enterprise;
• take part in income distribution;
• claim your share of the property during .

Such organizations are characterized by the following functional characteristics:

• availability of own or rented property;
• pooling the capital of participants in order to increase and grow financial profits;
• combining the knowledge and experience of participants.

All types of commercial structures have these characteristics, with the exception that 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 involved 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; this function is characterized by entrepreneurial organizations.

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 and are 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. person are determined by the amount of financial resources available and at 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 divided into several more groups:

• Business partnerships (authorized capital consists of contributions from the founders, who bear full responsibility for the organization’s property).
• Business companies (authorized capital consists of contributions from 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 ownership rights to property, authorized capital - budget funds).

Business partnerships have a distinctive feature - all members bear responsibility and risk for all property that belongs to the organization.

There are two types:

• – full responsibility of all members is assumed;
• – not all participants bear full responsibility.

Any partnership is built on the basis of the trust of the participants, each of whom risks not only their own contributions. Without a trust relationship, no such association can exist.

Participants in a business company bear responsibility and risk only to the extent of their personal contribution. Their types:

• limited liability company - LLC (capital is divided into contributions of participants who do not take 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 the limits of 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) distribute shares through public subscription.

To see which organizational and legal forms are best suited for business, watch the following video:

Financial resources

The creation of such organizations occurs at the expense of funds authorized capital, which is formed from contributions of founders and participants.

The financial sources of commercial firms in the course of their activities are:

• Revenue received from services, goods and works. Its increase is an indicator of the financial growth of the enterprise. Revenue growth occurs as a result of an increase in the volume of products or services produced, as well as due to an increase in tariffs.
• Sale of property. For various reasons, an organization may sell off its equipment.
• Cash savings, this also includes reserve savings.
• Income not related to revenue, non-operating income, provision of funds for a certain 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 cash sources are gratuitous receipts.

The majority of finance is generated by sales revenue, and budget revenues have a relatively small percentage.

Constituent documents

Any legal entity carries out its functions on the basis of constituent documents. Each type of commercial organization has its own set of documents, it depends on the organizational and legal form.

Constituent documentation contains information about the name of the enterprise, its location and the procedure for managing its activities. These three components characterize and identify a legal entity.

The main documents are considered to be and. A limited liability company and a unitary enterprise operate on the basis of a charter, but also include other types of documentation:

• state registration certificate;
• tax registration certificate;
• articles of incorporation (agreement between the participants on the creation of this company);
• agreement on the rights of founders;
• list of founders;
• protocols, decisions, orders, etc.

Joint-stock companies carry out their functions on the basis of the same documents, to which a register of shareholders is added instead of a list of founders.

Particular attention is paid to the method and conditions of storage of documentation; close attention is paid to this during audits. And not surprisingly, its loss deprives a legal entity of legal capacity. An official is responsible for the safety of documents - usually the general director or special substructures - the documentation support department, for example.

Documents are stored in sealed safes and metal cabinets and are issued strictly against receipt.

The storage periods for documentation are established by regulations, according to which each document has its own statute of limitations. The only exceptions are some papers that must be kept forever.

The law strictly 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 a company's activities is not the generation of income, then it is called non-profit.

Although there are some similarities, these forms differ significantly in goals and objectives and not only in them. The first and main difference is in the goals. The purpose of commercial legal entities is to make a profit and improve the livelihoods of their founders. Non-profits act in other interests. Their tasks are related to socially useful goods 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 company the profit is distributed among the participants, and the other part goes to the development of their own enterprise, then in non-profit companies the situation is somewhat different. In them, finances are used to achieve the goals specified in the charter.
• Manufactured product. The end product of commercial associations is an individual product that is in demand in the market. Nonprofit firms are interested in producing a product for the public good.
• Employees. Non-profit companies require a staff of people acting on a voluntary basis.
• Financial sources. Financial revenues in non-profit structures are divided into external (state funds) and internal (membership fees, income from deposits, etc.).
• Control. The activities of commercial firms are regulated by the behavior and demand of customers. Non-profits 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 operate in strict accordance with the statutory goals within their framework.
• Registration authority. Commercial firms are registered with the tax authorities, while non-profit firms are registered with the Ministry of Justice.