The topic of commercial organizations is quite extensive, so the various facets of this information block should be considered separately. In this article, attention will be paid to the forms in which structures of a commercial type can be organized.
Key Terms
Before considering the topic in more detail, it is worth recalling that companies and any structures that are focused on activities with the goal of making a profit can act as commercial organizations. Subsequently, the income received is divided between the participants.
It should be noted the fact that virtually all such organizations are legal entities. They receive this status due to the following characteristics:
- may carry duties and exercise personal non-property, as well as property rights in their own name;
- have state registration as an organization that has received the status of a legal entity;
- the company owns or controls separate property;
- have the opportunity to act as a defendant or plaintiff on their own behalf.
Based on these key features, the status of a legal entity is determined in the case of corporate bonds.
Registration Features
You must understand that commercial organizations are created in a form that is relevant for a particular type of activity. In other words, there are many types of registration to cover various areas in which a business can develop.
If you pay attention to article 50 of the Civil Code of the Russian Federation, or rather, to its second paragraph, you can find out the following fact: legal entities, which are organized in the form of a structure oriented to profit, can have 3 key forms:
- production cooperatives;
- municipal and state unitary enterprises;
- business companies and partnerships.
But, since the commercial sphere of activity is constantly evolving and, as a result, is changing, other forms of organizations are periodically added. Such legislative flexibility is a fairly competent approach on the part of the state, as it provides comfortable conditions for the foundation and development of various profitable organizations.
Consumer cooperation
Commercial organizations are created in the form of consumer cooperatives in order to combine the property of participants, their shares, as well as entrance fees. In this case, there is no need for personal participation of members of the organization in the general affairs of the cooperative.
In fact, a consumer society can be called the type of association of legal entities or citizens, the creation of which uses the territorial attribute, which is based on the pool of resources of the organization's members (contributions, shares) for the purpose of subsequent trade, production, procurement or any other activity.
The ultimate goal of such associations is to meet the various needs of members of the organization, including material ones, without the active participation of members of the cooperative.
Alternative form
It is worth knowing that there is the possibility of creating alliances of consumer communities. This is another form of cooperatives.
Such organizations can have different levels: district, regional, regional, republican and central unions.The essence of such organizations is to unite consumer societies on the basis of decisions that were adopted by their general meetings.
As for the creation of the company itself, which is an integral part of the unions, they are formed by the decision of the constituent assembly, whose responsibilities also include compiling a list of shareholders, a report on the expenses of the opening society and the formation of the charter itself. Without the latter, the functioning of the organization is not possible.
Having found out that commercial organizations are created in the form of consumer cooperatives, societies and unions, it is worthwhile to figure out who has the right to be the founder of such structures. For this role, both legal organizations (including trade organizations) and citizens who have reached the age of 16 years are suitable. It should be borne in mind that there should be at least 5 individuals at the time of foundation of the company, and in the case of legal entities - from 3 organizations.
Business partnerships
This is another area of activity of entities combining legal entities. So, it is worthwhile to understand that, if necessary, commercial organizations are created in the form of business partnerships.
The first and key distinguishing feature of such partnerships is the total or share capital, which is divided into shares of participants.
It is worth noting that such organizations can be both full and limited. In the first case, we are talking about a structure in which its participants are engaged in entrepreneurial activity on behalf of the partnership itself, regulating their actions on the basis of a concluded agreement. At the same time, each of the participants is responsible for their decisions with all the property that they own.
As for losses and profits, they are distributed according to the size of the share of each of the participants.
A limited partnership, in turn, is very similar to a full partnership, with the only exception that it may consist of several participants who, although they have made contributions, are not liable for their obligations with their property. They also do not participate in the entrepreneurial activity of the structure.
Trying to find out in what form commercial organizations are created, it is important to take into account information about those societies that were described above. Otherwise, it will be difficult to compose a complete picture within the framework of this topic.
Municipal and state enterprises
Such organizations differ in that they cannot be the owners of their property. This is due to the fact that material resources are transferred by such municipal entities to municipalities or the state to economic management rights. In other words, the right to dispose of such property is noticeably limited (alienation and transfer).
The word “unitary” is used in determining the status of such organizations for the reason that in such structures the property is indivisible, that is, it is not possible to divide the authorized capital into shares and there is no share. The obvious conclusion follows from this: other legal entities and individuals cannot take part in such a public offering and get their share. Another feature is the use of the definition of "authorized capital" instead of capital.
Other types of registration
There are many alternative areas of activity of FB, in addition to those mentioned above. For example, commercial organizations are created in the form of LLC. In fact, this species is the most common. In this case, a pool of capital is carried out in which members are allowed to participate personally in the organization. Moreover, the liability of participants is limited only by their contributions, which form the authorized capital.
Another form worth mentioning is ODO. In fact, we are talking about a structure similar to an LLC, with the only exception that participants must answer not only with their contributions, but also with an additional amount that will be a multiple of the authorized capital.Commercial organizations are created in the form of such a structure if it is necessary to provide a large degree of potential compensation to creditors.
It is also possible to create a joint stock company. But this path is relevant only if the company intends to enter the securities market.
It is worth noting the fact that commercial organizations are created in the form of charitable and other funds. The main difference of such a structure is that the fact of entrepreneurial activity is possible only with the help of business companies.
Summary
Such an abundance of corporate bonds is necessary in order to provide a legitimate opportunity to perform relevant and popular functions, for the sake of which structures are created that are focused on making a profit.
It is for this that commercial organizations are created in a form that the Civil Code of the Russian Federation defines quite clearly (regardless of type). Moreover, the legislation has been successfully used to correctly regulate the activities of such structures.
