The creation of an enterprise is the most important condition on the way of conducting business. For any form of business, it is important to choose a management link that will solve all the main issues in the chosen form of ownership, be it an LLC, OJSC, ODO or educational institution, where the founder will be engaged in the main business of the company or institution. These can be legal entities or individuals and foreign citizens. Each structure has its own procedure for registering an enterprise and features regarding rights and obligations.
Official permission of the legislation of the Russian Federation
List of persons entitled to be managers:
- individuals who are competent citizens of the Russian Federation who have reached full age;
- not residents of the Russian Federation;
- legal entities Russian and foreign.
The registration procedure for each of the founders has its own nuances:
- if the founder is a legal entity, then from the beginning of its activity it is necessary to notify the tax inspectorate by filling out the relevant application;
- Foreign citizens must have in their hands all documents that indicate permission to stay and work in the territory of the Russian Federation. This should include a visa, a certificate from the migration office, identification documents translated into Russian and notarized.
Organizational matters
The agreement or decision on the establishment contains information on the period for payment of the share in the authorized capital, since the founder is a person who is financially dependent on his business and is fully responsible for its development and the risks incurred. The share is paid within 12 months from the beginning of the official signing of state registration documents.
The following fines may be applied to unscrupulous or violating the company's articles of association:
- the lack of full payment of the amount of the share of the authorized capital leads to the transfer of the amount to the share of the entire company;
- penalties, if any, in the terms of the contract;
- voting right, according to the amount contributed to the capital of the company.
Limitations established by the legislation of the Russian Federation
Once it became clear who the founder is, you can move on to the topic of individuals who cannot accept this status. These include:
- civil servants and military;
- deputies of the State Duma;
- persons related to members of the Federation Council, administration, and so on.
Number of founders in a company or institution
In any field, the founders of institutions are a whole organization or a separate group of persons who are the organizers of a particular type of activity. These include the following types of institutions:
- bodies of state power and local self-government;
- domestic and foreign organizations;
- state and private foundations.
All activities of these institutions are controlled by the state executive authorities of the Russian Federation, the government and legislation. In this case, you can immediately understand who the founder is - a person who should report to the state and have certain rights and obligations, since the result of achieving common goals will depend on its activities.
First of all, it will depend on the legal form of a particular institution.In this regard, a specific legal status and all the rules of work arising from this are established. However, there are no uniform requirements, since for each type of institution the founder is an individual or legal entity dealing with issues related to a specific type of activity.
Other managerial features
The control over the activities of any institution by the founder is quite high, since in this case there is significant material liability and the result of the activity as a whole. It all depends on the type and type of the institution itself, which will determine the degree of competence of the manager in a particular issue.
In any case, the founder is a person who does not have a single list of rules and responsibilities for conducting a certain type of business. The more authority conferred, the higher the degree of responsibility.
Fundamental Rights of Founders
The fundamental rights of the founders include the following:
- making decisions on the reorganization of an enterprise, company or institution, as well as their liquidation or changing the type of activity as a whole;
- termination of the contract with the head of a particular institution according to the rules established by paragraph 2 of Art. 278 of the Labor Code of the Russian Federation;
- change of manager in accordance with the guarantees established by labor legislation.
All these rules and powers, which the founder of the company or any other institution possesses, allow you to competently dispose of property, monitor the conduct of business. All rights and obligations are prescribed in the charter of a particular type of institution, which must be observed, especially in case of disputes and disagreements.
Persons who found a company appoint a certain circle of founders. Thus, they can competently conduct this or that business with the direct participation of other allies, the composition of which can constantly change. A participant in a business or a specific institution can become a founder only after the company is officially founded or re-registered. Without the existence of founders, it is very difficult to competently manage a particular type of activity.
