Section 1. Economics of the organization. 1. Definition of legal entities and their types.
A legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court. (Article 48 of the Civil Code of the Russian Federation)
Types of legal entities:
Legal entities according to the purpose of creation are divided into:
A) business organizations
B) non-profit organizations
A commercial organization is an organization that pursues profit as the main goal of its activities (commercial organizations).
A non-profit organization is an organization that does not have the main goal of making a profit, and also does not distribute the profits received among its participants. This organization may take the form of a consumer cooperative, a public or religious organization, financed by the owner of the institution, a charitable or other foundation.
Legal entities in relation to public authorities are divided into:
1) government organizations
2) non-governmental organizations
Legal entities by organizational and legal form of activity on:
A) business partnerships and companies,
B) production cooperatives,
C) state and municipal unitary enterprises
D) consumer cooperatives,
D) public or religious organizations
E) charitable foundations
Legal properties of a legal entity
The legal capacity of a legal entity is the ability of an organization to have the rights and obligations provided for by the rules of law and corresponding to the objectives of the activity provided for in its constituent documents.
Commercial organizations and their organizational and legal forms.
Commercial organizations are organizations that pursue profit as the main goal of their activities. According to the Civil Code of the Russian Federation, these include business partnerships and companies, production cooperatives, state and municipal unitary enterprises, this list is exhaustive.
A partnership is an association of persons created to carry out entrepreneurial activities. Partnerships are created when 2 or more partners decide to participate in the organization of an enterprise. An important advantage of the partnership is the possibility of attracting additional capital.
There are 3 types of companies: limited liability companies, additional liability companies and joint-stock companies.
A limited liability company (LLC) is a company whose authorized capital is divided into shares determined by the founding documents; LLC participants are not liable for its obligations and bear the risk of losses associated with its activities, within the value of their contributions.
Companies with additional liability. Participants in an additional liability company are liable with all their property.
Joint stock companies. A joint-stock company is such a company, the authorized capital of which is divided into a certain number of shares, and its participants are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of their shares.
An open JSC is a company whose members may alienate their shares without the consent of other shareholders. In a closed JSC, there is no such possibility and the shares are distributed among its founders or other predetermined circle of persons.
3. Production cooperative.
A production cooperative is a voluntary association of citizens on the basis of membership for joint economic activity based on their personal participation and the association of property shares.
4. State and municipal UE.
State and municipal unitary enterprises (UE) include enterprises that are not endowed with the right of ownership of the property assigned to them by the owner. This property is in state (federal or subjects of the federation) or municipal property and is indivisible. There are two types of unitary enterprises:
1) based on the right of economic management (they have broader economic independence, in many respects they act as ordinary commodity producers, and the owner of the property, as a rule, is not liable for the obligations of such an enterprise);
2) based on the right of operational management (state-owned enterprises); In many ways, they resemble enterprises in a planned economy, the state bears subsidiary responsibility for their obligations if their property is insufficient.