Economic companies are legal entities of the Russian Federation. Business companies as legal entities (concept, procedure for creation, governing bodies). Types of business entities

It is precisely such societies that are the most universal, and therefore widespread. Business societies are created by one person (owner), or several persons at once by separating property for the purpose of maintaining their entrepreneurial activity. They are a type of enterprise.

Russian legislation divides business companies and their types into three categories: with limited liability, with additional liability and joint-stock companies. What unites them is their authorized capital, which is divided into shares. Actually, this is precisely what distinguishes business societies from other commercial organizations. The property fund created by the participants (founders) belongs to all participants by right of ownership and is divided into shares.

Let us consider the types of business entities in more detail.

Companies with limited liability- commercial organizations in which the authorized capital is divided into predetermined sizes (shares). They can be established by several persons or by one person. The property of the company is the contributions of its participants (they risk the invested funds). Hence the name.

Among them there must be (with two or more participants) a charter. The highest body is the assembly. Management can be carried out either by one (elected) person or by the board (collegially). The name of the company must contain the phrase “limited liability”.

A distinctive feature is the closer relations of the participants, the more closed nature of membership. The maximum permissible number of participants is 50. Otherwise, the company is subject to either transformation into (or a joint stock company) or liquidation.

Changes in the composition of participants, as well as their property status, are not grounds for liquidation.

This includes commercial organizations where the authorized capital is distributed into shares determined in advance. The founder can be either one person or several; in this case, the responsibility is paid according to the contributions to the authorized capital). The main provisions are reflected in Article 95 of the Civil Code. This society, according to its name, differs from the previous one in the presence of liability of members in proportion to their shares. If one of the participants becomes bankrupt, his share “increases” with those of the other participants.

Joint-stock companies include commercial organizations that have an authorized capital, which is divided among participants in the form of shares. They can be open or closed (Federal Law, Article 7, paragraph 1).

Exit from the company is possible only upon alienation of shares owned by the shareholder or payment of the equivalent in a specified amount. The risk of loss to shareholders is determined by the price of the shares. Participants who have not fully paid for the shares bear the risk (the risk is proportional to the unpaid portion of the shares).

A company can be created on the basis of an already existing legal entity (during reorganization), or it is possible to establish a new one. The relations of the founders are regulated by the constituent agreement.

The constituent document of the organization is the charter approved at the meeting, which sets out the name (short and full), location (address), rights of shareholders, types of shares, their value and quantity, volume of authorized capital, representative offices and branches, etc. Governing bodies - council directors or a meeting of shareholders.

Business companies are legal entities engaged in any business activity that does not contradict the law. They independently maintain operational (accounting) records, determine static information and submit reports to bodies specified by law.

1. Joint Stock society
2. Society With
3. Society With
4. Complete society
5. Limited society
6. Cooperative How business entity
7. enterprise
8. Farm farming

1. Joint Stock society

The concept of a joint stock company.

Joint stock company is a business company that has an authorized capital divided into a certain number of shares of the same par value, and is liable for obligations only with the property of the company, and shareholders bear the risk of losses associated with the activities of the company, within the value of the shares they own.

Characteristics of a joint stock company.

• A joint stock company is a type of business company. This means that it is subject to general provisions about business companies
  taking into account the specifics of this type of legal entity.
• A joint stock company is a company that has an authorized capital divided into a certain number of shares of the same par value. In fact, this means that the authorized capital of a joint-stock company is divided into parts, the ownership of which is confirmed by shares.
• A joint stock company is liable for obligations only with the property of the company. In turn, shareholders bear the risk of losses associated with the activities
  companies, within the value of their shares.

(Part 2 of Article 152) and the Law “On Business Companies” (Part 3 of Article 24) provide for the possibility of enshrining in the charter of joint-stock companies a provision according to which shareholders who have not fully paid for the shares are liable for the obligations of the company also in within the unpaid amount. In addition, according to Part 3 of Art. 153 persons who create a joint stock company are jointly and severally liable for obligations that arose before state registration society. A joint stock company is liable for the obligations of its participants associated with its creation only if their actions are subsequently approved by the general meeting of shareholders.

4.In accordance with Art. 154 the constituent document of a joint stock company is the charter.

Taking into account the permission contained in Art. Art. 114, 153 regarding the creation of a joint stock company by one or several individuals and legal entities, the legislation provides for the need to conclude between the founders, if there are several of them, an agreement that determines the procedure for their implementation joint activities on the creation of a joint stock company, liability to persons who subscribed to the shares and third parties. This agreement is not a constituent document of the company and, accordingly, has no legal significance.

In accordance with Part 4 of Art. 153, a joint stock company can be created by one person or can consist of one person in the event that one shareholder acquires all the shares of the company. It cannot have as its only participant another business entity whose participant is one person. Accordingly, if the founder of a joint-stock company is one person, the only document on the basis of which the relationship between him and the joint-stock company created by him is determined is the charter.

1. Russian legislation divides shareholders into founders and participants. Founders are considered to be persons who perform actions related to the establishment of a joint stock company. They enter into an agreement among themselves, which determines the procedure for their joint activities to create a joint-stock company, make messages about their intention to create a joint-stock company, subscribe for shares, conduct a constituent meeting and state registration of a joint-stock company. In addition, the legislation imposes an obligation on the founders to be holders of shares worth at least 25% of the authorized capital for a period of at least 2 years.

Unlike the founders, participants in a joint stock company agree to make a contribution to the authorized capital of the company that is being created, but do not assume any responsibilities for its creation. According to Art. 28 of the Law “On Business Companies”, participants buy shares when creating a joint-stock company on the basis of an agreement with its founders, and when additionally issuing shares in connection with an increase in the authorized capital - with the company or other owner.

Classification of joint stock companies. In accordance with Art. 81 HC joint stock companies can be:

• open;
• closed.

Shares of an open joint stock company can be distributed through open subscription and purchase and sale on stock exchanges. Shareholders open society may alienate shares owned by them without the consent of other shareholders and the company.

Shares of a closed joint stock company are distributed among the founders or among a pre-limited circle of persons and cannot be distributed by subscription, bought or sold on the stock exchange. Shareholders of a closed company have a predominant right to purchase shares that are sold by other shareholders of the company.

1. Stages of creating a joint stock company

The Law “On Business Companies” provides for 4 stages that the founders must go through to create a joint-stock company:

• make a notice of intention to create a joint stock company;
• subscribe for shares (in case of creating an open joint-stock company);
• hold a constituent meeting;
• carry out state registration of a joint stock company.

Notice of intention to create a joint stock company done in means mass media; however, the list of such media is not defined by law. The message shall indicate: the name of the joint stock company; the purpose of its creation and activities; size of the authorized capital; the number, par value and types of shares that are issued; composition of founders and other information

The essence subscriptions to shares consists of the deposit by persons who wish to become shareholders into the account of the founders of at least 10% of the value of the shares for which they subscribed, after which the founders issue to them a written undertaking to sell the corresponding number of shares.

The founders publish in the media in accordance with the requirements of the current legislation information about the issue of shares, the content and registration procedure of which is established by the State Commission for Securities and the Stock Market. The period of open subscription for shares cannot exceed 6 months.

After the end of the period specified in the message, the subscription is terminated. If by that time it has not been possible to cover 60% of the shares by subscription, the joint-stock company is considered not to have been established. Persons who subscribed to the shares are returned the amounts they contributed or other property no later than 30 days later.

By the day of convening the constituent meeting, persons who subscribed to the shares must contribute, taking into account the previous contribution, at least 30% of the nominal value of the shares. The founders issue temporary certificates to confirm the contribution.

Unlike an open joint-stock company, the founders of a closed joint-stock company must contribute at least 50% of the nominal value of the shares on the day of convening the constituent meeting.

If the results of the subscription indicate the possibility of creating a joint-stock company, in accordance with Art. 35 of the Law “On Business Companies” the founders convene constituent assembly. It is collected within the period specified in the message, but no later than 2 months from the date of completion of the subscription to the shares.

The founding meeting of a joint stock company is recognized as valid if it is attended by persons who have subscribed for more than 60% of the shares for which the subscription has been carried out. If, due to the lack of a quorum, the constituent meeting did not take place, a repeat constituent meeting is convened within 2 weeks. If a quorum is not ensured when the constituent meeting is reconvened, the joint-stock company is considered invalid

Decisions on the creation of a joint-stock company, its subsidiaries, branches and representative offices, on the election of the board of the joint-stock company (supervisory board), executive and supervisory bodies of the joint-stock company and on the provision of benefits to the founders at the expense of the joint-stock company must be adopted by a majority of 3/4 of the votes present at the meeting. the constituent meeting of persons who subscribed to the shares, and other issues - by a simple majority of votes. Voting at the constituent meeting is carried out according to the principle: one share - one vote.

At the founding meeting of a joint stock company the following issues are resolved:

• a decision is made to create a joint stock company and its charter is approved;
• a proposal to subscribe for shares that exceeds the number of shares for which the subscription was announced is accepted or rejected (if a decision is made to subscribe for shares that exceed the amount for which the subscription was announced, the provided authorized capital is increased accordingly);
• the size of the authorized capital is reduced in cases where not the entire required amount specified in the message is covered within the period established by the subscription for shares; the council of the joint-stock company (supervisory board), the executive and supervisory body of the joint-stock company is elected;
• the issue of approving agreements concluded by the founders before the creation of the joint stock company is resolved;
• the benefits that are provided to founders are determined;
• the assessment of contributions made in kind is approved;
• other issues are resolved in accordance with the constituent documents.

After the constituent meeting makes a decision to create a joint-stock company, it is carried out state registration in the manner prescribed by the Law “On State Registration of Legal Entities and Individual Entrepreneurs”.

1. Society With limited liability

The concept of a limited liability company.

Limited Liability Company is a business company that has a charter fund, divided into shares, the size of which is determined in the constituent documents, and is liable for its obligations only with its property. Participants of the company who have fully made their contributions bear the risk of losses associated with the activities of the company within the limits of their contributions.

Characteristics of a limited liability company.

1. A limited liability company has an authorized capital divided into shares. These shares reflect the contributions made by participants when creating a limited liability company. In accordance with the authorized capital, the minimum amount of the company's property is calculated, which guarantees the interests of its creditors. According to Part 2 of Art. 144, it is not permitted to release a participant in a limited liability company from the obligation to make a contribution to the authorized capital of the company, including by crediting claims to the company.

The size of the authorized capital of the company must be an amount not less than the equivalent of 100 minimum wages, based on the minimum wage rate in force at the time of creation of the limited liability company (Article 52 of the Law “On Business Companies”).

By the time of state registration of a limited liability company, its participants must pay at least 50% of the amount of their contributions. The contribution of money to the authorized fund is confirmed by documents issued by the banking institution. The procedure for assessing other contributions (in the form of property, property rights, etc.) is determined in the constituent documents of the company.

The part of the authorized capital that remains unpaid is subject to payment during the first year of the company’s activity. If the participants have not paid the full amount of their contributions during the first year of the company’s activities, the company must announce a reduction in its authorized capital and register in the prescribed manner appropriate changes in the charter or make a decision to liquidate the company. If after the end of the second or each subsequent financial year price net assets limited liability company turns out to be less than the authorized capital, the company is obliged to announce a decrease in its authorized capital and, in the prescribed manner, register the corresponding changes in the charter, if the participants have not decided to make additional contributions. If the value of the company's net assets becomes less than the minimum size of the authorized capital determined by law, the company is subject to liquidation.

2. A limited liability company is liable for its obligations only with its property. In accordance with this provision, its participants are not liable for the obligations of the company and bear the risk of losses associated with the activities of the company, within the limits of their contributions. This reveals a characteristic feature of the “limited liability” of the company and its participants, which consists precisely in limiting the liability of the company’s participants to the amount of contributions they made.

According to Part 2 of Art. 140 members of the company who have not made full contributions bear joint liability for its obligations to the extent of the value of the unpaid part of the contribution of any of the participants.

3.Participants in a limited liability company can be legal entities and individuals. At the same time, Part 2 of Art. 114 provides for the possibility of creating a limited liability company by one person. But a limited liability company cannot have as one participant another business company, of which one person is also a participant (Part 2 of Article 141), i.e. a person can be a participant in only one limited liability company, which
has one participant.

If a limited liability company is established by several persons, these persons, if it is necessary to determine the relationship between themselves regarding the creation of the company, enter into a written agreement. It determines the procedure for establishing a company, the conditions for carrying out joint activities to create a company, the size of the authorized capital, the share in the authorized capital of each of the participants, the terms and procedure for making contributions and other conditions. This agreement is not a constituent document and its presentation during state registration of the company is not mandatory (Article 142).

1. The constituent document of a limited liability company is the charter.

Society With additional responsibility

The concept of a company with additional liability.

Company with additional liability

is a business company, the authorized capital of which is divided into shares in the amounts provided for by the constituent documents, and which is liable for its obligations with its own property, and in case of its insufficiency, the participants of this company bear additional joint and several liability to a certain extent constituent documents equally multiple of the contribution of each participant. According to Art. 1 of the Decree of the Cabinet of Ministers of Russia dated March 17, 1993 No. 2393 “On Trust Companies”, such companies can be created and operate exclusively in the form of a company with additional liability.

Taking into account the provisions of Part 4 of Art. 151 that the provisions of the legislation on a limited liability company apply to a company with additional liability, unless otherwise established by the charter of the company and the law, in the characteristics of this type of company the main attention is paid to its specifics in comparison with other types of companies.

Characteristics of a company with additional liability.

1. The authorized capital of a company with additional liability is divided into shares in the amounts determined by the constituent documents. Its minimum amount, as in a limited liability company, is 100 minimum wages.

Certain specifics are provided for by the legislation regarding companies with additional liability in the form of trust companies. Thus, the authorized capital of a trust company must be formed exclusively at the expense of the funds and securities of the participants, in contrast to the authorized capital of a limited liability company, which can be formed either with the help cash, as well as property and property rights.

1. A company with additional liability is liable for its obligations with its own property. However, this feature is relevant only if the society has property; in case of its absence, the consequences provided for by sign 3 occur, which, in fact, is assumed by the content of the very name of this company and the difference in the legal status of limited and additional liability companies.
2. In case of insufficiency of property, the participants of the company with additional liability bear additional joint and several liability in the amount determined by the constituent documents in the same multiple amount in relation to the contribution of each of the participants.

That is, unlike a limited liability company, the liability of participants in a company with additional liability is not limited only to the amount of contributions to the authorized fund. Additional (subsidiary) liability in the form of recovery of property belonging to the participants occurs in an amount that is a multiple of the contribution of each participant.

The solidarity of liability of company participants with additional liability means that, in accordance with the requirements of Art. 543 the creditor has the right to demand fulfillment of the obligation partially or partially in full both from all participants together and from any of them separately. A participant who has fulfilled a joint and several debt has the right to a return claim (recourse) to each of the remaining participants in equal part, unless otherwise provided by the agreement or law, minus the part that falls on him.

The maximum amount of liability of participants (multiplicity factor) is provided for in the constituent documents. As for trust companies, Art. 2 of the Decree of the Cabinet of Ministers “On Trust Companies” provides for additional liability of company participants in the amount of 5 times the contribution of each participant.

A specific feature of a company with additional liability - a trust company - is the mandatory personal participation of its participants in the conduct of the company's affairs. In accordance with Art. 3 of the Decree of the Cabinet of Ministers “On Trust Companies”, trust operations on behalf of the trust company are carried out by its participants - trustees. In a limited liability company, participants may not take part in the operational activities of the company at all (except for resolving issues that fall within the exclusive competence of the meeting of participants), authorizing executive body to take appropriate actions.

Other characteristics of an additional liability company coincide with the characteristics of a limited liability company.

1. Complete society

The concept of a complete society.

Full society is a business company, all participants of which, in accordance with the agreement concluded between them, carry out entrepreneurial activities on behalf of the company and bear additional joint and several liability for the obligations of the company with all their property.

Characteristics of a complete society.

• A full company is a business entity that is created and operates on the basis of a constituent agreement, which is signed by all its participants (Article 120). Due to the legal nature of this type of company, it does not have a charter.
• Participants in a general partnership carry out entrepreneurial activities on behalf of the company. Taking this into account, Part 7 of Art. 80 of the Civil Code provides that only persons (both legal entities and individuals) registered as business entities can be participants in a general partnership.

The legislation provides for certain restrictions in relation to persons who are participants in a general partnership. Thus, a person can be a member of only one full society (Part 2 of Article 119); A participant in a general partnership does not have the right, without the consent of other participants, to enter into agreements on his own behalf and in his own interests or in the interests of third parties that are similar to those that constitute the subject of the company’s activities (Part 3, Article 119; Article 70 of the Law “On economic societies").

In accordance with Art. 122 each participant in a general partnership has the right to act on behalf of the company, unless the constituent agreement stipulates that all participants conduct business jointly or that the conduct of business is entrusted to individual participants.

In the case of common management of the affairs of the company by the participants, the consent of all participants of the company is required for the conclusion of each agreement. If the conduct of affairs is entrusted to individual participants of a general partnership, other participants may enter into agreements on behalf of the company if they have a power of attorney issued by the participants entrusted with the conduct of the affairs of the company. A member of a general society who acted in the general interests, but did not have the authority to do so, has the right, if his actions were not approved by other participants, to demand from the company compensation for the costs incurred by him if he proves that thanks to his actions the company saved or acquired property whose value exceeds these costs.

1. Participants in a general partnership bear additional joint and several liability for the obligations of the company with all their property. Thus, the liability of participants for the debts of the company with all their property is one of the exceptions to general rule on the independent liability of a legal entity for its obligations (Article 96).

In accordance with Art. 124 in the event that a general partnership does not have enough property to satisfy the claims of creditors in full, the participants of the general partnership are jointly and severally (see Art. 543) liable for the obligations of the company with all their property, which can be foreclosed on. In this case, a participant in a general partnership is liable for the company’s debts, regardless of whether these debts arose before or after his entry into the company.

A participant in a general partnership who has paid off the debts of the company in full has the right to make a recourse claim in the relevant part to other participants who are liable to him in proportion to their shares in the authorized capital of the company.

4. Management of the activities of a general society is carried out by common consent of all participants. The constituent agreement of the company may provide for cases when decisions are made by a majority vote of the participants.

Each member of a general partnership has one vote, unless the constituent agreement provides for a different procedure for counting the number of votes. Also, a member of a general partnership, regardless of whether he is authorized to conduct the affairs of the company, has the right to familiarize himself with all documentation regarding the conduct of the affairs of the company.

5. The legislation does not provide for the minimum size of the authorized capital that must be created in a general partnership. However general requirements Art. 13 of the Law “On Business Societies” regarding the mandatory presence of an authorized capital for a business company also applies to a full society and therefore the authorized capital must be created in the amount specified in the constituent documents.

1. Limited society

The concept of a limited partnership.

Limited company is a business company in which one or more participants carry out entrepreneurial activities on behalf of the company and bear additional joint and several liability for its obligations with all their property, which, according to the law, can be recovered (full participants), and other participants are present in the activities of the company only with their own deposits (depositors).

Characteristics of a limited partnership.

1. In a limited partnership there are full participants and investors.

A limited company combines the characteristics of a full company and a limited liability company. Actually, part 3 of Art. 133 provides for the application of the corresponding norms on a general partnership in relation to a limited company. The similarity with a general society is indicated, in particular, by the presence of participants who carry out entrepreneurial activities on behalf of the company and are liable for its obligations with all their property ( full participants), and with a limited liability company - the presence of persons (investors) who are liable for the debts of the limited company only to the extent of their contributions. At the same time, according to Part 7 of Art. 80 of the Civil Code, only persons registered as business entities can be full participants in a limited partnership.

2.In accordance with Art. 135 the legal status of full participants in a limited partnership and their liability for the obligations of the company are established by the provisions
mi legislation on participants of a general society. Full participants, in particular, manage the activities of a limited partnership. In this case, a person can be a full participant in only one limited partnership. A full participant in a limited partnership cannot be a participant in the general partnership, as well as an investor in the same company.

Regarding depositors Art. 136 provides for a ban on participation in managing the activities of a limited partnership and does not allow objections on their part regarding the actions of full participants in managing the activities of the company. Investors of a limited partnership can act on behalf of the company only by proxy.

In accordance with Art. 137, the investor of a limited partnership is obliged to make a contribution to the authorized fund. In this case, the total amount of deposits of investors should not exceed 50% of the authorized capital of the limited company.

3. A limited company is created and operates on the basis of a constituent agreement, which is signed by all full participants (Article 134). The founding agreement of a limited partnership may contain the obligations of the participants to create the company, the procedure for their joint activities regarding its creation, the conditions for transferring the property of the participants to the company, as well as information about the size and composition of the authorized capital of the company, the size and procedure for changing the shares of any of the full participants in the authorized capital, the total the amount of deposits of investors. If, as a result of withdrawal, expulsion or retirement, there is only one full participant left in a limited partnership, the constituent agreement is reissued into a sole statement signed by the full participant. If a limited partnership is created by one full participant, then the constituent document is a sole application (memorandum), which contains all the information provided for in Art. 134 regarding the memorandum of association of a limited company.

1. Cooperative How business entity

Concept and classification of cooperatives.

Cooperative- is a legal entity formed by individuals and/or legal entities who have voluntarily united on the basis of membership to conduct common economic and other activities in order to satisfy their economic, social and other needs on the basis of self-government.

The main types of cooperatives are presented in the Law “On Cooperation”. According to Art. 6 of this Law, in accordance with the tasks and nature of their activities, cooperatives are divided into: production, service and consumer.

Production cooperative- a cooperative, which is created by uniting individuals for common production or other economic activities on the basis of their compulsory labor participation with the aim of making a profit. Production cooperatives can carry out production, processing, procurement and sales, supply, service and any other business activity not prohibited by law (Part 2 of Article 95 of the Criminal Code).

Service cooperative- a cooperative that is created by uniting individuals and/or legal entities to provide services primarily to members of the cooperative, as well as to other persons for the purpose of conducting their business activities. Service cooperatives provide services to other persons in volumes that do not exceed 20% of the total turnover of the cooperative.

Consumer cooperative (consumer society)- a cooperative that is created by uniting individuals and/or legal entities to organize trade services, procurement of agricultural products, raw materials, production and provision of other services in order to meet the needs of its members.

Characteristics of cooperatives.

1. The cooperative is a legal entity. Article 6 of the Law “On Cooperation” emphasizes that the cooperative has an independent balance sheet, current and other accounts in banking institutions, a seal with its name - attributes inherent in any legal entity.
2. A cooperative is created by individuals and/or legal entities. As follows from the above definitions of types of cooperatives, participation of individuals is possible in each of them. As for legal entities, the possibility of their participation in cooperatives is limited. Thus, they do not have the right to be members of a production cooperative, taking into account the mandatory labor participation of members provided for by the Law “On Cooperation”
   production cooperative in its activities (which is inherent, naturally, only to individuals). However, in production and other types of cooperatives, associated members - individuals or legal entities who recognize the charter of the cooperative, have made a share contribution and enjoy the right of advisory vote in the cooperative (Article 14 of the Law “On Cooperation”). This does not contradict the provisions of Art. 163,
   which provides for the possibility of participation “in the activities of a production cooperative on the basis of membership also of other persons.”
3. The founders of the cooperative, in order to create it, voluntarily unite on the basis of membership. In accordance with Art. 10 of the Law “On Cooperation”, members of a cooperative can be individuals who have reached the age of 16 and have expressed a desire to take part in its activities; legal entities of Russia and foreign countries that act through their representatives have made an entrance fee and a share in the amounts provided for by the charter of the cooperative, comply with the requirements of the charter and enjoy the right to the main vote. The number of members of a cooperative cannot be less than 3 persons (Part 5 of Article 7 of the Law).

4. A cooperative is created to conduct joint economic and other activities in order to meet the economic, social and other needs of its members.

The purpose of creation - satisfying the interests of members of cooperatives - is the main feature that distinguishes cooperatives from other organizational legal forms legal entities. By creating a production cooperative, citizens realize their right to work and to carry out entrepreneurial activities, the results of which are making a profit; service providers - satisfy their needs for services certain type; consumer - provide themselves with goods, results of work performed, services provided. The cooperative does not have the goal of saturating the market with goods, works, and services (although this is not excluded). It is created and operates for its members.

1. The cooperative operates on the basis of self-government. The term “self-government” in relation to a cooperative means the right and real ability its members independently resolve issues of the cooperative's activities, without going beyond the limits of Russian legislation and the cooperative's charter.
2. The cooperative operates on the basis of the charter, which is the main legal document regulating its activities. Despite the fact that the cooperative is being created
   several members, the need to sign a constituent agreement between them is not established by law.

1. Collective agricultural enterprise

The concept of a collective agricultural enterprise.

Collective agricultural enterprise(KSP) is a voluntary association of citizens into an independent enterprise for the joint production of agricultural products and goods, which operates on the basis of entrepreneurship and self-government.

Characteristics of the PCB.

• KSP is a voluntary association of citizens. In other words, members of the PSC can only be individuals and cannot be legal entities.
• Citizens - members of the PCB unite “into an independent enterprise.” KSP is a legal entity, has current and deposit accounts in bank
  institutions and a seal with its name - an independent full-fledged business entity on the market.
• KSP is created for the joint production of agricultural products and goods. The joint work of its members is materialized in the form of the PSC. Moreover, this
  The provision indirectly indicates the mandatory labor participation of members of the PSC in its activities.

The provision according to which the KSP carries out “joint production of agricultural products and goods” does not mean limiting its activities to production only. The PSC independently determines the directions of agricultural production, its structure and volume; independently manages the products produced and income; carries out any activity that does not contradict the legislation of Russia. KSP has the right to cooperate with industrial enterprises and institutions in processing agricultural products, manufacturing industrial and other goods, expanding the scope of socio-cultural, public services for the rural population, training and retraining of personnel; takes part in the privatization of processing, agroservice and other state-owned enterprises; exercises other powers granted to him by law.

4.KSP operates on the principles of entrepreneurship and self-government. This means that the PSC is a subject of entrepreneurial activity, is subject to state registration, and is subject to all other provisions of the legislation regarding entrepreneurial activity, “fundamentals” (principles - see Article 44 of the Criminal Code), etc.

Self-government in the PSC is ensured by exercising the right of the members of the enterprise to take part in resolving all issues of its activities, the election and accountability of executive bodies, and the binding nature of decisions made by the majority for all members of the enterprise.

The highest self-government body in the PSC is general meeting its members or a meeting of authorized representatives. During the period between meetings, the affairs of the enterprise are managed by the board. The powers of the general meeting (meeting of authorized representatives) and the board are determined by the charter of the enterprise.

5.KSP operates on the basis of the charter.

1. Farm farming

Farming concept.

Farming is a form of entrepreneurial activity of citizens with the creation of a legal entity who have expressed a desire to produce commercial agricultural products, engage in their processing and sale in order to make a profit on land plots provided to them according to the law for farming.

Characteristics of the farm.

1. Farming is a form of entrepreneurial activity of citizens. This means that only individuals can be founders of a farm, as well as its members.

In contrast to the legislation that regulates the activities of collective agricultural enterprises (CAE), the Law “On farming» clearly distinguishes between the founders and members of the enterprise. So, according to the content of Art. 5 of the Law, the founder of a farm can be any capable citizen of Russia who has reached the age of 18, has expressed a desire and passed a professional selection for the right to create a farm. Members of the farm can be spouses, their parents, children who have reached the age of 14, other family members, relatives who have united for the common management of the farm, recognize and comply with the provisions of the charter of the farm (Article 3 of the Law).

The latter significantly distinguishes farming from a similar legal structure of the cooperative enterprise. A farm can be created only by relatives or family members (Part 2 of Article 1 of the Law), while a private enterprise can be created by any individuals, regardless of whether they have blood (kinship) relationships.

• A farm is a legal entity with its inherent characteristics - the presence of property, independence of activity, accounting and reporting, the presence of a seal with its name and address, the need to open current and deposit accounts in banks
  institutions, the right to manage their own funds, etc.
• A farm is created by citizens who have expressed a desire to produce marketable agricultural products, engage in their processing and sale. Unlike the CSP, the legislation that regulates the activities of farmers does not contain traditional provisions regarding their right to carry out “any activity not prohibited by law.” All provisions of the Law “On Farming”
  aimed at highlighting his specialization - work in the field of agriculture.
• The goal of a farm is to make a profit, which emphasizes the entrepreneurial nature of its activities.
• To carry out economic activities, citizens who are founders of a farm are provided with land plots. Only after receiving a state act on the ownership of a land plot or concluding a lease agreement for a land plot and its state registration, the founders of a farm can submit documents for state registration (Article 8 of the Law)
• In accordance with Art. 1 of the Law “On Farming”, such a farm operates on the basis of a charter.

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

Definition of the concept

Business entities are business entities whose founders are legal entities or individuals. They are formed by combining property, the ultimate goal of which is to obtain maximum profit. The resulting organizations themselves have the status of legal entities.

It is worth noting that participants in business entities are not only business entities, but also citizens who are not directly related to commercial activities. By joining this association, each of the subjects retains its original status.

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

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

Operating principles

Business entities operate in accordance with a number of principles:

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

Types of business entities

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

• A joint stock company is an organization whose authorized capital is proportionally divided into a certain number of shares. Each of them has the same denomination. Shareholders (holders of securities) are liable to the extent of their share in the capital.
• A limited liability company, like the previous one, also has an authorized capital divided into several parts. In this case, security holders bear financial liability solely within the limits of these figures.
• Each of the participants in the company with additional liability bears responsibility in a scale proportional to its share in the capital. If the organization’s funds are not enough to cover its obligations, then all its members pay off the balance of the debt in equal shares.
• A full society is a business association in which participants are liable for obligations not only with their capital investments, but also with all personal property.
• Limited partnerships provide their participants with the right to carry out business activities on their behalf. This comes with additional responsibility. In some cases, personal property may also be used to cover obligations.
• The association arises on the basis of contractual relations. Although its members have a common goal and are accountable to management, management does not interfere in any way with the business activities of these units.
• A corporation is similar to an association in many ways. The main difference is that members delegate certain authority to senior management to manage their activities.
• A consortium is an association that is temporary. After achieving the general goal specified in the contractual and statutory documents, this company ceases its activities and existence.
• A concern is an association of several enterprises or organizations that are engaged in different types production or non-production activities. They are united by their dependence on a central governing body, which finances them and coordinates activities on all key issues.

Forms of joint stock companies

The forms of business companies whose authorized capital is distributed among shareholders may be as follows:

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

Rights

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

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

Responsibilities

Participants of a business company are obliged to:

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

Organization of work

Organizing a business company involves drawing up constituent documents, the main of which is the charter. It contains general information about participants, as well as types of commercial activities. In addition, the types and features of securities in accordance with which payment of the authorized capital and distribution of responsibility are made should be described in detail. Next comes information about the name and coordinates, as well as the duration of activity (if they are limited).

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

Conclusions

Quite common in modern economy is a business company. Commercial enterprise(or individual) is not always able to achieve alone desired results. IN in this case, organizations with similar goals and activities can merge. There are several types of business entities. They differ in the types of securities, as well as in the principles of distribution of responsibility between participants.

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

Business partnerships

Business partnerships are commercial organizations with share capital divided into shares. Contributions to the property of a business partnership can be money, securities, other things or property rights or other rights that have a monetary value.

Business partnerships can be created in the form of a general partnership and limited partnerships. Participants in general partnerships and general partners in limited partnerships can be individual entrepreneurs and (or) commercial organizations.

General partnership. It recognizes a partnership, the participants of which (general partners), in accordance with the concluded agreement, are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations with all the property belonging to them. A person can be a member of only one general partnership.

A general partnership is created and operates on the basis of a constituent agreement, which is signed by all its participants (general partners). The constituent agreement must contain the following information: - name of the general partnership;

Its location;

The procedure for managing it;

Conditions on the size and composition of the partnership's share capital;

On the size and procedure for changing the shares of each participant in the share capital;

On the size, composition, timing and procedure for making contributions;

On the liability of participants for violation of obligations to make contributions.

The constituent agreement must provide for: the procedure for joint activities to create a partnership; conditions for the transfer of property to him and participation in his activities; conditions and procedure for distribution of profits and losses between participants, withdrawal of founders (participants) from the partnership.

Control The activities of a general partnership are carried out by common consent of all participants, but the constituent agreement may provide for cases when the decision is made by a majority vote of the participants.

Profits and losses of a general partnership are distributed among its participants in proportion to their shares in the share capital, unless otherwise provided by the constituent agreement. Participants in a full partnership jointly and severally bear subsidiary liability with their property for the obligations of the partnership.

Limited partnership (limited partnership). It recognizes a partnership in which, along with the participants who carry out business activities on behalf of the partnership and are liable for the obligations of the partnership with their property (full partnerships), there are one or more participant-investors (limited partners) who bear the risk of losses associated with the activities of the partnership, in within the limits of the amounts of deposits made by them and do not take part in the implementation of entrepreneurial activities.

A limited partnership is created and operates on the basis of a memorandum of association.

Control the activities of the limited partnership are carried out by general partners, and investors do not have the right to participate in the management and conduct of affairs of the limited partnership, or to challenge the actions full comrades for the management and conduct of property affairs.

An investor in a limited partnership has the right to: receive part of the partnership's profit due to his share in the share capital, in the manner prescribed by the constituent agreement; get acquainted with the annual reports and balance sheet of the partnership; at the end of the financial year, leave the partnership and receive your contribution in the manner prescribed by the founding agreement.

Business societies

Business companies can be created in the form of a limited liability company, an additional liability company, or a joint stock company.

A limited liability company is a business entity created by one or more persons, authorized capital which is divided into shares of sizes determined by the constituent documents. The participants of the company are liable for its obligations and bear the risk of losses associated with the activities of the company, within the limits of the value of the contributions made by them.

Participants societies can be citizens and legal entities. A company can be founded by one person, who becomes the sole participant. The maximum number of company participants should not be more than fifty. If this size limit is exceeded, the company must be transformed into an open joint-stock company or a production cooperative within a year.

Constituent documents of the company are the memorandum of association and the articles of association. If a company is founded by one person, the constituent document is the charter approved by this person.

Authorized capital of the company is made up of the nominal value of the shares of its participants.

Supreme body of the company is the general meeting of the company's participants. A company may, in accordance with civil law, have subsidiaries and dependent companies. Society is recognized subsidiaries, if another business company or partnership, by virtue of a predominant participation in its authorized capital, or in accordance with an agreement concluded between them, or otherwise has the opportunity to determine the decisions made by such a company. The subsidiary is not liable for the debts of the main business company (partnership). The main business company (partnership), which has the right to give mandatory instructions to its subsidiary, is jointly and severally liable with the subsidiary for transactions concluded by the latter in pursuance of such instructions.

Dependent A company is recognized if another (predominant, participating) business company has more than 20% of the authorized capital of the first company. A company that has acquired more than 20% of the voting shares of a joint stock company or more than 20% of the authorized capital of another limited liability company is obliged to immediately publish information about this in the press organ in which data on state registration of legal entities is published.

Participants additional liability companies jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions established by the constituent documents of the company.

If one of the company's participants goes bankrupt, his liability for the company's obligations is distributed among the participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the company's constituent documents.

The corporate name of a company with additional liability must contain the name of the company and the words “with additional liability”.

In accordance with the law, a joint-stock company is a commercial organization whose authorized capital is divided into certain number shares certifying the obligatory rights of company participants (shareholders) in relation to the joint-stock company (hereinafter referred to as the Company). Shareholders are not liable for the company's obligations and bear the risk of losses associated with its activities, within the limits of the value of the shares they own. A joint stock company can be open or closed, which is reflected in its charter and corporate name.

Open joint stock company is a company that has the right to conduct an open subscription for the shares it issues and carry out their free sale, taking into account the requirements of federal legislation. Shareholders of an open company may alienate their shares without the consent of other shareholders of the company. The number of shareholders of an open company is not limited. The minimum amount of the authorized capital of an open company must be equal to no less than a thousand times the amount minimum size wages established federal law on the date of registration of the company.

Closed joint stock company is a company whose shares are distributed only among the founders or another predetermined circle of persons. A closed company does not have the right to conduct an open subscription for the shares it issues or otherwise offer them for acquisition to an unlimited number of persons. Number of shareholders closed society should not exceed fifty. If the number of shareholders of a closed company exceeds 50, the specified company must be transformed into an open company within a year. Shareholders of a closed company have a pre-emptive right to purchase shares sold by other shareholders of this company at the offer price of another person. The founders of the joint stock company are citizens and (or) legal entities who made the decision to establish it. The number of founders of an open society is not limited; and the number of founders of a closed company cannot exceed fifty. The agreement on the establishment of a company is not a constituent document. The founders of the company are jointly and severally liable for the obligations associated with its creation and arising before the state registration of the company.

Constituent document of the joint stock company is the charter, the requirements of which are binding on all bodies of the company and its shareholders. The company's charter must contain the following information:

Full and abbreviated brand name society;

location of the company;

type of society (open or closed);

Number, par value, categories (ordinary, preferred) shares and types of preferred shares placed by the company;

rights of shareholders - owners of shares of each category (type);

size of the company's authorized capital;

The structure and competence of management bodies, society and the procedure for their decision-making;

the procedure for preparing and holding a general meeting of shareholders, including a list of issues, decisions on which are made by the company’s management bodies by a qualified majority of votes or unanimously;

information about branches and representative offices of the company.

The company's charter may establish restrictions on the number of shares owned by one shareholder and their total par value, as well as the maximum number of votes granted to one shareholder. The company's charter may determine:

the number and par value of shares that the company has the right to place in addition to the placed shares (authorized shares);

the rights granted by the company's shares of each category (type) that it places;

procedure and conditions for placement of authorized shares by the company.

By governing bodies of a joint stock company are the general meeting of shareholders, the board of directors (supervisory board) of the company and the executive body of the company, which can be the collective executive body of the company (board, directorate) or the sole executive body of the company (director, general director), which manage the current activities of the company.

The supreme governing body of a joint stock company is the general meeting of shareholders. The annual meeting of shareholders is held within the time limits established by the company's charter, but no earlier than 2 months and no later than 6 months after the end of the financial year.

At the annual meeting of shareholders of the company, the issue of electing the board of directors (supervisory board) of the company, the audit commission (auditor), approving the auditor of the company is resolved, the annual report of the company submitted by the board of directors (supervisory board) is considered and approved, balance sheet, profit and loss statement of the company, distribution of profits and losses.

Board of Directors (supervisory board) of the company carries out general management of the company's activities, with the exception of resolving issues within the general competence of the general meeting of shareholders. Members of the board of directors (supervisory board) are elected by the general meeting of shareholders for a period of one year, but can be re-elected an unlimited number of times. The chairman of the board of directors (supervisory board) is elected by members of the board of directors (supervisory board) of the company from among them by a majority vote from total number members of the board of directors (supervisory board).

Executive body of the joint stock company manages the current activities of the company. This may be the sole executive body (director, general manager), or the collegial executive body of the company (board), or both bodies manage the company simultaneously.

Sole executive body of the company(director, general manager) acts without a power of attorney of the company, including representing its interests, making transactions on behalf of the company, the states approve. Issues orders and gives instructions that are binding on all employees of the company.

Audit Commission of the Company elected by the general meeting of shareholders in accordance with the company's charter. It exercises control over the financial and economic activities of the company. An audit (audit) of the financial and economic activities of the company is carried out based on the results of the company’s activities for the year, as well as on the initiative of the audit commission of the company, the decision of the general meeting of shareholders, the board of directors (supervisory board) of the company, or at the request of a shareholder (shareholders) who collectively own at least than 10% of the company's voting shares. Based on the results of an audit of the financial and economic activities of the company audit commission draws up an appropriate conclusion.

People's Enterprises

In accordance with the law “On the Peculiarities legal status joint-stock companies of workers (national enterprises)" a national enterprise can be created in the manner prescribed by this Federal Law, by transforming any commercial organization, with the exception of state and municipal unitary enterprises and open joint-stock companies whose employees own less than 49% of the authorized capital. It is important that the creation of a national enterprise in any other way is not allowed.

The nominal value of one share of a national enterprise is determined by the general meeting of shareholders of the national enterprise, but cannot be more than 20% of the minimum wage. Employees of a national enterprise must own a number of shares of the national enterprise, the par value of which must be more than 75% of its authorized capital, the minimum amount of which must be at least 1000 times the minimum wage established by federal law on the date of state registration of the national enterprise.

One shareholder of a people's enterprise, who is its employee, cannot own the number of shares of the people's enterprise whose par value exceeds 5% of the authorized capital of the people's enterprise. If, for some reason, one employee-shareholder has a number of shares in a national enterprise that exceeds the maximum share established by the charter, the national enterprise is obliged to buy back from such employee-shareholder those shares that constitute this excess.

Average headcount employees of a national enterprise should not be less than 51 people. If this number decreases, it must increase its number within one year, or transform into commercial organization different form.

The governing bodies of a people's enterprise are the general meeting of shareholders, the supervisory board of the people's enterprise and the general director of the people's enterprise.

1. Business companies include: joint-stock companies, limited liability companies, additional liability companies, general companies, limited companies.
2. A joint stock company is a business company that has an authorized capital divided into a certain number of shares of the same par value, and is liable for obligations only with the property of the company, and shareholders bear the risk of losses associated with the activities of the company, within the value of the shares they own.
3. A limited liability company is a business company that has a charter fund, divided into shares, the size of which is determined by the constituent documents, and is liable for its obligations only with its property. Participants of the company who have fully paid their contributions bear the risk of losses associated with the activities of the company within the limits of their contributions.
4. A company with additional liability is a business company, the authorized capital of which is divided into shares of sizes determined by the constituent documents and which is liable for its obligations with its own property, and in case of its insufficiency, the participants of this company bear additional joint and several liability in the amount determined by the constituent documents in equal multiples to the contribution of each participant.
5. A full company is a business company, all participants of which, in accordance with the agreement concluded between them, carry out entrepreneurial activities on behalf of the company and bear additional joint and several liability for the obligations of the company with all their property.
6. A limited company is a business company in which one or more participants carry out entrepreneurial activities on behalf of the company and bear additional joint liability for its obligations with all their property, which can be recovered by law (full participants), and other participants are present in activities of the company only through their contributions (investors).
7. Only persons registered as business entities can be participants in a general partnership or full participants in a limited partnership.
1. Full and limited companies in Ukraine, as well as in other CIS countries, occupy a rather “modest” place among business entities, and companies created by pooling the funds of their participants (limited and additional liability companies, joint stock companies) have become an integral part of the business infrastructure. On modern stage It is precisely this organizational and legal form that is determined by special legislation for commercial banks, insurance and investment companies, trust companies, etc. The joint stock form is widely used in the process of privatization of state property.
2. The most common in practice are joint stock companies. The use of shares in their activities as a unique financial and legal instrument created the prerequisites for the functioning of the stock market, which became an autonomous sector of a single market space.
Among the norms that regulate the legal status of joint stock companies, there are those that take a new approach to regulating certain Aspects of the life of these legal entities.
3. A limited liability company (hereinafter referred to as LLC), just like a joint-stock company, belongs to capital associations. According to current legislation, a limited liability company is a company that has an authorized capital divided into shares, the size of which is determined by the constituent documents. Members of the company are liable to the extent of their contributions.
LLC is designed, as a rule, for a permanent composition of participants. Therefore, the movement of participants is significantly limited and is possible in the following cases: voluntary withdrawal of a participant from the company and transfer of his share to another participant or a third party, unless otherwise provided by the constituent documents of the company; succession or inheritance of a participant; if a participant in a limited liability company systematically fails to fulfill or improperly fulfills his duties, or through his actions interferes with the achievement of the goals of the company; buyout of the share by the company itself; allocation of a participant's share at the request of his creditors.
An LLC is a corporate-type business organization that has the status of a legal entity. A special feature of an LLC is the liability of the company for its own obligations with all the property belonging to it by right of ownership, and the absence of subsidiary liability for the company's participants to the debts of the company if they have fully paid their shares, etc.
4. Business companies - associations of capital also include companies with additional liability; this type of company has more distinctive features than JSC and LLC. This is due to the additional limited liability of its participants to the debts of the company. A company with additional liability is one whose authorized capital is divided into shares of sizes determined by the constituent documents. The participants of such a company are responsible for its debts with their contributions to the authorized fund, and if there is a shortage of these amounts, with additional property belonging to them in the same multiple of the contribution of each participant.
Companies with additional liability, through the additional nature of the liability of participants, can engage in types of activities that are impossible for other types of business companies (in particular LLCs), for example, insurance activities. In the specified organizational form trust societies operate.
5. A company is recognized as full if all participants are engaged in joint entrepreneurial activities and bear joint liability for the obligations of the company with all their property.
The legal status of full societies, defined in the Law of Ukraine “On Business Companies”, was largely accepted by the developers of the draft Civil Code of Ukraine. At the same time, there are also separate innovations aimed at improving the regime for the creation and operation of these business structures.
The peculiarity of the nature of the connections between general “partners”, their practically limited property liability to creditors, which is joint and several in nature, determines a significantly greater number of restrictions that are established for participants in a general partnership compared to other types of companies. In the Civil Code of Ukraine these restrictions are formulated definitely and clearly. Thus, first of all, in order to eliminate the opportunity for a certain participant to compete with the company itself, a rule has been established that prohibits a participant in a general society, without the consent of other participants, from participating on his own behalf and in his own interests or in the interests of third parties in legal actions that are of the same type as those constitute the subject of society's activities. A person can be a member of only one general partnership.
6. In addition to a general company, associations of persons also include limited companies, which are recognized as companies where, together with the participants who conduct business activities on behalf of the company and are liable for the obligations of the company with all their property (full participants), there are one or more participants ( depositors) who bear the risk of losses associated with the activities of the company, within the limits of the amounts of deposits made by them and do not participate in the activities of the company.
A limited partnership has much in common with a general partnership, which is primarily explained by the presence among the participants of general “companions” who manage the company and, therefore, bear full and joint responsibility for its debts. However, in addition to full “comrades”, there are other participants-investors in a limited partnership. Making a contribution by a person to the joint capital of a limited partnership provides him with certain rights: to receive part of the profit that accrues to his contribution in accordance with the constituent agreement, to demand the priority return of the contribution in the event of liquidation of the company, to familiarize himself with the annual reports and balance sheets of the company in the event of receiving the granted powers from named after the limited partnership.
The Law of Ukraine “On Business Companies” calls a limited partnership one in which, together with one or more participants who carry out entrepreneurial activities on behalf of the company and are liable for the obligations of the company with all their property, there are one or more participants whose liability is limited to a contribution to the property society (investors).
7. Thus, a limited company is a company that includes two types of participants: one or more full participants engaged in entrepreneurial activities on behalf of the company and responsible for the obligations of the company with all their property, that is, who are entrepreneurs by status, and one or more investors (limited partners) who do not participate in the management of the company’s affairs and are liable for losses associated with the company’s activities only to the extent of the amounts of their contributions. For a limited company, as well as for a full company, there are three options for conducting business activities: 1) each full participant independently conducts economic activity on behalf of society, that is, has complete autonomy of will; 2) full participants jointly conduct the affairs of the company, that is, all agreements occur only on the basis general solution all full participants; 3) the management of the affairs of the limited partnership is entrusted to one of the full participants.
As in a full society, in a limited society there is strict control over changes in the composition of full participants. A limited partnership, just like a general partnership, can be liquidated by decision of its participants or by a court decision. In addition, a limited partnership is subject to liquidation upon the departure of all limited partners.
The insignificant application of these legal forms in practice to a certain extent hinders the development of the corresponding legislative body, which cannot be considered ramified and detailed. In the Civil Code of Ukraine, as well as in the Law of Ukraine “On Business Companies”, only in general view the main directions of regulation, creation and activity of business companies based on the pooling of funds and entrepreneurial activities of their participants - full and limited companies - are outlined. Subsequent detailing of the relevant legal norms, an increase in their number and volume will be associated with the intensification of the role of these business societies in the economic life of Ukraine.
All these companies have an authorized capital divided into shares (in joint stock company these shares have the same nominal value). Participants in these companies, as a rule, are not liable with their property for the company’s debts; they risk within the limits of their shares (shares). A certain exception is provided by additional liability companies. In the event of a shortage of property of such a company, its participants bear subsidiary liability for its obligations with their personal property in the same amount for everyone, a multiple of the value of their contributions. which is determined by the constituent documents of the company.