LLC in accordance with the Civil Code of the Russian Federation and the Law on Limited Liability Companies (hereinafter referred to as the LLC Law) Federal Law “On Limited Liability Companies” dated 02/08/1998 No. 14-FZ (as amended on July 11, December 31, 1998, 21 March 2002) clause 1. Art.2. Chapter 1. A business company is recognized, the authorized capital of which is divided between participants into shares of sizes determined by the constituent documents. Its participants bear the so-called limited liability for the activities of the company, i.e. they are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of the contributions they made. The law allows a company participant to pay the due share in the authorized capital over a certain time, and not at a time.

In this case, participants who have not fully contributed to the authorized capital of the company bear joint liability for its obligations to the extent of the value of the unpaid part of the contribution of each of its participants. This type of corporation is an invention of German lawyers, made at the end of the 19th century and caused by the requirements of practice, which showed the insufficient elasticity of joint-stock companies. Participants in the company have only obligatory, but not real rights to property in relation to it. A company participant can claim his property only in cases of its liquidation, upon his withdrawal from it and other cases when it must make settlements with him, for example, in the event of failure to obtain consent from the remaining participants in the company to alienate a share to another participant.

LLC is a commercial organization, making profit for it is the main goal of its activities. This means that it can carry out any type of business activity, in contrast to non-profit organizations, which have the right to conduct business activities only insofar as it serves the goals for which they were created. The company can engage in certain types of activities, the list of which is determined by federal laws, only on the basis of a special permit (license). The types of activities subject to licensing are determined by the Federal Law “On Licensing of Certain Types of Activities”. Federal Law “On Licensing of Certain Types of Activities” dated 08.08.2001 No. 128-FZ (as amended on March 13, 21, December 9, 2002, January 10, February 27, March 11, 26, December 23, 2003, November 2, 2004) art. 17. If the conditions for granting a special permit (license) to carry out a certain type of activity provide for the requirement to conduct such activity as exclusive, then the company during the period of validity of the special permit (license) has the right to engage only in those types of activities that are provided for by the special permit (license), and related activities.

An LLC is considered created as a legal entity from the moment of its state registration. The legal capacity of a company ceases with its liquidation and the entry of this into the unified state register of legal entities. Unless other conditions are specified in the charter, the company operates without a time limit. The company is liable for its obligations with all its property and is not liable for the obligations of its participants. However, in certain cases there may be exceptions to this rule.

The LLC must have a full name in Russian and a postal address at which it can be contacted. The location of the company as a general rule is determined by the place of its state registration. However, the constituent documents may establish that it is the permanent location of its management bodies or the main place of its activities. The legislator obliges the company to use the words “limited liability company” or the abbreviation LLC in the full and abbreviated corporate name of the company, respectively, and allows the use of the name of the company in any language.

The Company has a number of characteristics that make it possible to establish its place among other business Partnerships and Societies.

Firstly, LLC, like all business partnerships and companies, is a legal entity. The features contained in the legal definition of a legal entity (Article 48 of the Civil Code of the Russian Federation) - organizational unity, the presence of proprietary rights to property, independent liability, acting in circulation in one’s own name, procedural legal personality - require different specifications for different forms of a legal entity. The only point common to all legal entities is the ability to speak outside on their own behalf.

Secondly, the lack of liability of the Company's participants for the obligations of the LLC. The very name “limited liability company” is not entirely accurate. The Company bears full responsibility for its obligations with all its property, and the participants do not bear any liability for the obligations of the Society, except in cases provided for by law.

In accordance with the Law on Companies, an LLC can create branches and open representative offices by decision of the general meeting of LLC participants, adopted by a majority of at least two-thirds of the total number of votes of LLC participants, unless the need for a larger number of votes to make such a decision is not provided for by the company's charter. The creation of LLC branches and the opening of their representative offices on the territory of the Russian Federation are carried out in compliance with the requirements of the Law and other federal laws, and outside the territory of the Russian Federation also in accordance with the legislation of the foreign state on the territory of which branches are created or representative offices are opened, unless otherwise provided by international treaties Russian Federation.

An LLC may have subsidiaries and dependent business companies with the rights of a legal entity, created on the territory of the Russian Federation in accordance with the Law and other federal laws, and outside the territory of the Russian Federation also in accordance with the legislation of the foreign state on the territory of which the subsidiary or dependent business company was created , unless otherwise provided by international treaties of the Russian Federation.

• 1. Participants of the Company who have not made full contributions bear joint liability for its obligations within the value of the unpaid part of the contribution of each participant (Clause 1, Article 87 of the Civil Code of the Russian Federation; Clause 1, Article 2 of the Law on Companies). The subjects of liability are all participants who have not fully made the contributions provided for by the constituent documents. Members of the company are responsible to the creditors of the Company, and not to the company. At the same time, the company itself has the right to demand that the participant fulfill his obligation - to make a contribution on time, in the prescribed manner and in the form in which it is provided for in the constituent agreement.
• 2. In accordance with clause 3. Art. 56 of the Civil Code of the Russian Federation and clause 3 of Art. 3 of the Law on Companies, if the insolvency of a legal entity is caused by its participants or other persons who have the right to give instructions mandatory for this legal entity or otherwise have the opportunity to determine its actions, such persons, in the event of insufficient property of the legal entity, may be assigned subsidiary responsibility for his obligations. The meaning of the norm is a certain compensation to creditors in the event that obligations were accepted on behalf of the Company, but the participant or other persons had the opportunity to give mandatory instructions or determine the actions of the legal entity. To impose subsidiary liability, the following conditions are required:

The legal basis for the ability to determine the actions of the Company is participation in the capital, providing a majority of votes compared to other participants, or the existence of an agreement on the obligation of instructions and the use of this opportunity.

• 3. In accordance with paragraph 2 of Art. 105 of the Civil Code of the Russian Federation and clause 3 of Art. 6 of the Law on Companies, the parent company, which has the right to give instructions to the subsidiary company that are obligatory for it, is jointly and severally liable with the subsidiary company for transactions concluded by the latter in pursuance of such instructions.
• 4. In the event of non-monetary contributions to the authorized capital of the Company, the Company’s participants and an independent appraiser, within three years from the date of state registration of the Company or corresponding changes in the Company’s charter, jointly and severally bear, if the Company’s property is insufficient, subsidiary liability for its obligations in the amount of the overvaluation of non-monetary contributions (clause 2 of article 15 of the Law on Companies).

Thirdly, a limited liability company is an organization that unites the property of its participants. Therefore, naturally, we should turn to the question of the features of the authorized capital, i.e. property. The presence of property ensures the property isolation of the company from its participants and independent responsibility. The company, even at its inception, must have a certain authorized capital, the amount of which is indicated in the constituent documents. Martemyanov V.S. Economic law. T. 1 - M., 2002. - P. 175.

The company, like other business partnerships and companies, has separate property transferred by the participants and received in the process of activity, and accounted for on an independent balance sheet (clause 2 of article 2 of the Law on Companies). An independent balance sheet reflects all property rights and obligations, revenues and expenses. The independent balance sheet includes the property of branches, representative offices and separate divisions.

Fourthly, the authorized capital of the company is divided into a certain number of parts (shares). The shares may be equal or unequal. By paying or committing to pay these shares in a certain amount, the right to membership in the company is acquired. The authorized capital itself consists of the totality of contributions from participants.

The participant who made the contribution loses any real rights to the contributed property, acquiring rights of claim against the company. The size of the participant’s share determines the size (volume) of the participant’s legal obligations claims to the company. But in addition to rights, the share also determines the size of the participant’s obligation to society. Thus, a share of participation is a set of rights and obligations in a certain amount of each participant in relations with society, i.e., in a broad sense, a share is a set of legal rights and obligations; in a narrow sense - the share of participation of a participant in the property of the company Rosenberg V.V. Limited Liability Partnership. - SPb., 1999. - P. 27.. The meaning of the allocation of shares is the exercise by the participant of his rights to management, part of the profit, liquidation quota, receipt of the actual value of the share, as well as obligations to make a contribution in the amount determined by the size of the owned share in capital. A participation share in the form of a set of rights is a kind of counter-representation, an equivalent presented in an obligation in exchange for the participant’s contribution.

Fifthly, the presence of obligatory relations between the participants of the company. Internal relations in society consist of the relations of participants among themselves and participants with society. The fact of the existence of a constituent agreement signed by the participants implies the existence of rights and obligations of the participants in relation to each other for the entire period of operation of the company.

A limited liability company, although based on the association of capital (like any business company) and does not provide for the mandatory participation of the persons creating it in the production, economic, commercial activities of the company, at the same time implies the establishment of closer corporate and economic ties between its participants and the company than, say, in a joint stock company, which is manifested in: a special procedure for joining a limited liability company; the restriction permitted by law on the admission of new persons to its composition; the possibility of the company purchasing a share owned by a participant; the right of a participant to leave the company with payment to him of the actual value of his share and a number of other features characteristic of these structures. At the same time, limited liability companies are quite close to closed joint stock companies. These relations arise on the basis of a civil law contract, which is the constituent agreement, bind certain persons and have as their content the obligation to take active actions, i.e. these are typical obligatory legal relations.

Sixthly, the internal structure of society implies the need for governing bodies, whose actions are the actions of society itself. The totality of all participants forms only the highest body of the society, limited in its actions by the conditions contained in the constituent documents. Volobuev Yu.A. Limited Liability Company. - M.: “Filin”, 2004. - P. 19.

An LLC, like a joint-stock company, is a form of commercial organization, where the presence of a participant status does not mean the obligatory and necessary participation in the management of the company. Persons who are not members of the company can act as the executive body of the company, and the functions of the sole executive body can be transferred to the manager of a commercial organization or an individual entrepreneur (Article 42 of the Law on Companies).

Seventhly, a company can be founded by one or more persons. However, the number of its founders cannot exceed more than fifty - the maximum number of participants established by clause 3 of Art. 7 of the Law on Societies. In addition, a company cannot have another business company consisting of one person as its sole founder (participant) (clause 2 of article 88 of the Civil Code, clause 2 of article 7 of the Law on Companies).

In paragraph 2 of Art. 2. The Law on Companies establishes the basic provisions necessary for a company to acquire the status of a legal entity:

a) a limited liability company owns separate property that is accounted for on its own balance sheet. The source of its formation is, as already noted, funds contributed by the founders (participants) of the company as a contribution to the authorized capital, as well as property acquired on other grounds provided by law - as a result of production, economic, commercial activities, etc. (Article 218-219 of the Civil Code).

As contributions to the property of a business company in accordance with Art. 27 of the Law on Companies, funds and other material assets, as well as property or other rights that have a monetary value, can be contributed. At the same time, the company may own intellectual property objects created by it in the course of its activities - the right to industrial designs, certain technologies, a trademark, etc.

b) the company may, on its own behalf, acquire and exercise property and personal non-property rights and bear obligations. This is manifested in the exercise of the owner’s powers to own, use and dispose of property to meet their own needs, conduct production and economic activities, for charitable and other purposes. The company can enter into transactions for the alienation of its own property and the acquisition of new ones (purchase and sale agreements, exchange, donation); transferring your property for rent or temporary use (under a loan agreement); pledge it, make it as a contribution to the authorized capital of other business companies, etc.

These rights are exercised by the company freely, except in cases where legislative restrictions apply. Yes, Art. 575 of the Civil Code does not allow commercial organizations to donate property to each other. Art. 690 of the Civil Code prohibits commercial organizations from transferring property for free use to a person who is a founder, participant in this organization, as well as its director, member of a collegial management or control body.

The company bears responsibilities related to the exercise of the rights of the owner - concerns about the maintenance of the property belonging to it (Articles 209, 210 of the Civil Code).

• c) another feature of a legal entity is the right to be a plaintiff and defendant in court. The right to judicial protection is provided for in Art. 11 Civil Code. The Company is independently responsible for its obligations except in cases established by law.
• d) society has organizational unity, which is manifested primarily in a certain hierarchy, subordination of the governing bodies that make up its structure, and in the clear regulation of relations between its participants. Thus, many persons united in society act in civil circulation as one person.

Being a commercial organization, the company in accordance with Art. 49 of the Civil Code and paragraph 2 of Article 2 of the Law on Companies has general legal capacity, that is, it can have civil rights and bear civil responsibilities necessary to carry out any types of activities not prohibited by law. Article 2 of the Law on Companies also notes that the activities of the company should not contradict the subject and goals specifically limited in the company’s charter. Such restrictions may be established in the charter by decision of either the founders (when creating the company) or the general meeting of participants (by introducing amendments and additions to the Charter), based on the purposes for which the company is being created. The execution of transactions by a company in conflict with the goals of its activities, which are definitely limited in its constituent documents, is the basis for the court to invalidate them at the request of this company, its founder (participant) or the government body supervising the activities of this legal entity, if it is proven that another the party to the transaction knew or should have known about its illegality (Article 173 of the Civil Code).

According to the Civil Code of the Russian Federation, all legal entities are divided into commercial and non-commercial. Commercial legal entities have profit-making as the main purpose of their activities. Non-profit legal entities do not have the main goal of making profit and do not distribute it among participants.

Civil law defines commercial legal entities as:

1) general partnerships;

2) limited partnerships (limited partnerships);

3) limited liability companies;

4) companies with additional liability;

5) joint stock companies;

6) production cooperatives;

7) state and municipal unitary enterprises.

A general partnership is created by participants on the basis of a constituent agreement. General partners carry out entrepreneurial activities on behalf of the partnership and bear joint and several full liability for its debts with all their property. The procedure for managing the partnership is determined by agreement of the private owners (partners). Profits and losses of a general partnership are distributed among its participants in proportion to their shares in the joint capital, unless otherwise provided by the constituent agreement or other agreement of the participants.

In a limited partnership, the general partners are liable for the obligations of the partnership with their property and participate in the entrepreneurial activities of the partnership. Along with general partners, a limited partnership has one or more participant-contributors (limited partners), who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made by them and do not take part in the partnership’s business activities. You can be a general partner in only one general partnership or only in one limited partnership. Management of the activities of a limited partnership is carried out by general partners according to the rules of management in a general partnership.

A limited liability company (LLC) is the most common type of commercial organization. A limited liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents. Participants in a limited liability company distribute profits among themselves in proportion to the shares contributed to the authorized capital. LLC participants are not liable for the Company's obligations. The property liability of an LLC is limited by the size of its authorized capital. The supreme body of a limited liability company is the general meeting of its participants.

An additional liability company (ALC) is a company established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents. The liability of an ODO is higher than that of an LLC. For the obligations of an ALC, not only the company itself is liable in the amount of the authorized capital, but also the participants - with their property in the same multiple of the value of their contributions.

A joint stock company (JSC) is a legal entity whose authorized capital is divided into a certain number of shares of equal value, certifying the liability rights of the company's participants in relation to the company. A joint stock company owns separate property, which is accounted for on its independent balance sheet, and can, in its own name, acquire and exercise property and personal non-property rights, and be a plaintiff and defendant in court. The highest governing body of a joint stock company is the general meeting of shareholders. A JSC participant has the number of votes at a meeting of shareholders in proportion to the number of shares held. Profit is also distributed among shareholders in proportion to the number of shares. There are two types of joint stock companies: open (OJSC) and closed (CJSC). In an OJSC, shares can be freely sold by participants to each other or to other persons. In a closed joint stock company, shares cannot be sold without the consent of other shareholders, and shares are distributed only among its founders or other predetermined circle of persons. JSCs whose founders are, in cases established by federal laws, the Russian Federation, a constituent entity of the Russian Federation or a municipal entity, can only be open. In a company with more than 50 shareholders, a board of directors (supervisory board) is created.

A production cooperative (artel) is a voluntary association of citizens on the basis of membership to carry out joint production or other economic activities based on the personal participation of its members and the pooling of property shares by its members. Members of a production cooperative bear subsidiary liability for the obligations of the cooperative in the amount and manner prescribed by the law on production cooperatives. Property owned by a production cooperative is divided into shares of its members in accordance with the charter of the cooperative. The cooperative does not have the right to issue shares. A member of a cooperative has one vote when decisions are made by the highest governing body - the general meeting of members of the cooperative.

A unitary enterprise is a commercial organization that is not vested with the right of ownership to 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. The property of a state or municipal unitary enterprise (SUE and MUP) is respectively in state or municipal ownership and belongs to such an enterprise with the right of economic management or operational management. The management body of a unitary enterprise is the manager, who is appointed by the owner of the property or a body authorized by the owner and is accountable to him. A unitary enterprise is liable for its obligations with all its property. A unitary enterprise is not liable for the obligations of the owner of its property.

Non-profit organizations are those that do not have as their main goal making a profit and do not distribute it among participants. They are subjects of commercial law because they can engage in trading activities to achieve their statutory objectives without the goal of making a profit. Non-profit legal entities include:

1) consumer cooperatives;

2) public and religious organizations (associations);

4) institutions;

5) associations of legal entities (associations and unions).

A consumer cooperative is a voluntary association of citizens and legal entities on the basis of membership in order to satisfy the material and other needs of the participants, carried out through the pooling of property shares by its members. Income received by a consumer cooperative from business activities carried out by the cooperative is distributed among its members. Members of a consumer cooperative jointly and severally bear subsidiary liability for its obligations within the limits of the unpaid portion of the additional contribution of each member of the cooperative.

The Foundation is a non-membership non-profit organization established by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational or other socially beneficial goals. The property transferred to the foundation by its founders is the property of the foundation. The founders are not liable for the obligations of the fund they created, and the fund is not liable for the obligations of its founders. The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which the Foundation was created, and in accordance with these goals. To carry out entrepreneurial activities, foundations have the right to create business companies or participate in them.

Institutions-organizations created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature and financed by him in whole or in part. The institution is responsible for its obligations with the funds at its disposal. If they are insufficient, the owner of the relevant property bears subsidiary liability for his obligations.

Associations and unions are associations of commercial and other organizations for the purpose of coordinating their business activities, as well as representing and protecting common property interests. The association (union) is not responsible for the obligations of its members. Members of an association (union) bear subsidiary liability for its obligations in the amount and in the manner provided for by the constituent documents of the association.

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 a 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.

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All existing organizations are divided into two main groups: commercial and non-profit. Each of the presented forms operates on the basis of current legislation, while pursuing different goals. What a commercial organization is, the formation of its finances and the main differences from a non-profit organization will be discussed in the article.

The essence of a commercial organization

A commercial organization (CO) is a legal entity whose main purpose is to generate profit and distribute it among all participants.

In addition, KO has the features inherent in legal entities:

• the presence of separate property in ownership, economic management or operational management;
• possibility of renting out property;
• fulfillment of obligations on the basis of property owned by them;
• acquisition, exercise on behalf of property of various rights;
• appearance in court as a plaintiff or defendant.

Finance of a commercial organization

The finances of commercial organizations are the main link of the financial system. They cover most of the processes aimed at production, distribution, and use of GDP in monetary terms. There is another definition, according to which enterprise finance represents monetary or other relationships that arise in the implementation of various types of entrepreneurship, as a result of the formation of personal capital, target funds, their use, and further redistribution.

From an economic point of view, CI finances are subject to grouping between the following individuals and groups:

• founders when creating an enterprise;
• organizations and enterprises in the production and further sale of goods, works, services;
• divisions of the enterprise - when determining sources of financing;
• organization and employees;
• enterprise and higher organization;
• enterprise and CO;
• financial state system and enterprise;
• banking system and enterprise;
• investment institutions and enterprises.

At the same time, CO finances have the same functions as state or municipal finances - control and distribution. Both functions are closely related.

The distribution function involves the formation of initial capital, its further distribution in such a way as to maximally take into account the interests of all economic divisions of the organization, producers of goods and the state.

The basis of the control function is keeping records of expenses associated with the production and sale of products, monitoring the procedure for the formation and distribution of funds.

The basis for financial management of commercial organizations is a certain financial mechanism, represented by the following elements:

• Financial planning is an indispensable condition for the existence of any enterprise. Planning is required not only when opening a CO, but also at the entire development stage. During planning, expected results and income are compared with investments, and the capabilities of the enterprise are identified;
• financial control over organizations whose form of ownership is non-state is carried out by state authorities in terms of fulfilling obligations to tax authorities, as well as when using funds from the state budget. This happens when FBOs receive sums of money in the form of government assistance. Types of control – audit, on-farm;
• analysis of the implementation of forecasts and plans. The implementation of plans is not necessarily checked here. Such an analysis is more aimed at identifying possible reasons for deviations of planned indicators from forecast values.

Modern classification of activities

The Civil Code of the Russian Federation defines the following forms of criminal codes:

• A business partnership is a joint venture in which the authorized capital is divided into shares among all its participants. Participants are liable for the company’s obligations with their own property;
• business company - an organization where the authorized capital is divided into shares between participants, but they are not liable for the obligations of the company with their property;
• production cooperative - an enterprise that unites on a voluntary basis citizens who take collective, personal, labor or other participation in activities and make share contributions;
• state or municipal unitary enterprise - an enterprise created by the state (municipal authorities). In this case, the enterprise is not vested with ownership rights to the property assigned to it.

According to Art. 50 of the Civil Code of the Russian Federation there is only a list of the above-mentioned commercial organizations. Therefore, without first amending this legal act, it will not be possible to introduce any other law on CR.

What is the difference between a for-profit organization and a non-profit?

First, we should briefly discuss the similarities between the two types of organizations.

There are not very many of them:

• both types of enterprises operate in a market environment, therefore, in the course of operation, they can act as sellers of goods, works or services, or their buyers;
• each such enterprise must earn monetary resources, manage funds, invest them in different directions;
• The goal of each enterprise is for income to fully cover current expenses. The minimum task is the ability to work without losses;
• Both organizations are required to maintain accounting records.

Thus, it can be argued that the operating principles of commercial and non-profit organizations are identical. However, there are quite a few criteria by which they differ from each other.

These are the main differences between the two types of enterprises. Another nuance is accounting. Non-profit organizations have much more complicated accounting, so their founders have to use the services of highly qualified accountants.

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