Comparative table of organizational and legal forms of entrepreneurship. Closed Joint Stock Company. Differences between entrepreneurs and farmers from legal entities

  • 21.11.2019

Table 5

Comparative table of the main characteristics of organizational legal forms taken in small business

The form

Members

A responsibility

Establish. The documents

Number of participants

Capital, property

Notes

Individual entrepreneur

Citizen

An individual entrepreneur is liable with all the property belonging to him (except for that property, which, according to the law, cannot be levied)

1 participant. Several individual entrepreneurs can be combined on the basis of a simple partnership agreement (Article 1041 of the Civil Code of the Russian Federation), combining contributions and acting jointly without forming a legal entity. faces

Individual entrepreneurs have the right to have employees, their number is not limited by law

General partnership

Individual entrepreneurs and commercial organizations. Participants are called “full partners”. A person may be a participant in only one full partnership. A participant in a general partnership has the right to withdraw from it by declaring his refusal to participate at least 6 months before the actual withdrawal.

The participants jointly and severally bear subsidiary liability with their property for the obligations of the partnership. A participant who has left the partnership shall be liable for the obligations of the partnership that arose before the moment of his withdrawal, on an equal basis with the remaining participants within two years from the date of approval of the report on the activities of the partnership for the year in which he left the partnership.

Memorandum of association

Several participants, if 1 remains, then must be liquidated or converted to another form within 6 months.

Each participant contributes to the so-called “share capital”. The amount of capital is not regulated by law

In the event of the death of a participant in a full partnership, his heir may enter into a full partnership only with the consent of the other participants.

A participant in a full partnership has the right, with the consent of the other participants, to transfer his share in the share capital to another participant in the partnership or to a third party.

Any participant in a general partnership may act without a power of attorney. There is no director. Any member may represent the interests of the partnership.

Limited partnership (or limited partnership)

(This OPF is practically not used)

2 types of participants - full partners and investors (limited partners).

Full partners can be individual entrepreneurs and commercial organizations.

Contributors can be citizens and any legal entity. faces. A person can only be a PT in one limited partnership. A PT member cannot be a PT in a limited partnership

General partners jointly and severally exercise subsidiary liability with their property. Contributors make a contribution and are not liable for the debts of the partnership, but risk only their contribution

Memorandum of Association signed by all general partners.

If there are no investors left, then the limited partnership must be liquidated or may be transformed into a general partnership.

The management of the activities of a limited partnership is carried out by general partners. Investors are not entitled to challenge the actions of general partners in the management and conduct of business of the partnership.

Otherwise, a limited partnership is similar to a general partnership.

Society with limited liability

Citizens and any legal. faces

Participants are not liable for the obligations of the LLC with their property and bear the risk in the amount of their contributions

Memorandum of Association, Articles of Association.

If one participant, then only the charter

If there are discrepancies in the founding documents, then judicial practice the priority of the Charter is recognized

1 or more participants, but not more than 50. If there are more participants, then it must be liquidated or transformed into an OJSC or a production cooperative within a year

Each participant contributes to the authorized capital. The authorized capital is divided into shares. The authorized capital cannot be less than 100 minimum wages, i.e. 10 thousand rubles

The authorized capital determines the minimum size of the company's property that guarantees the interests of its creditors.

The authorized capital must be paid by the participants of the company at the time of registration by at least half. The remaining part of the unpaid part of the authorized capital is payable during the first year of the company's operation.

The supreme governing body is the General Meeting of Participants, the current management is carried out by the executive body (sole or collegial), accountable to the General Meeting of Participants.

A member of the company has the right to sell or assign his share in the authorized capital to one or more members of the company, as well as to third parties, unless this is prohibited by the Charter.

A member of the company has the right to withdraw from the company at any time, regardless of the consent of its other participants.

Additional Liability Company

(This OPF is practically not used)

ALC participants jointly and severally bear subsidiary liability for the obligations of the company with their property in the same multiple for all of the value of their contributions

Otherwise, ALC is similar to LLC

Closed joint-stock company

(COMPANY)

Citizens and any legal faces.

Members are called shareholders

Participants are not liable for the obligations of the CJSC with their property and bear the risk of losses in the amount of the value of their shares

Agreement on the establishment of a joint-stock company in writing

1 or several participants, but not more than 50, if there are more participants, then it must be liquidated or transformed into an OJSC

Clause 6, Article 98 of the Civil Code of the Russian Federation)

A joint-stock company cannot have as its sole participant another economic company consisting of one person.

The authorized capital is divided into shares, each participant buys shares, thereby forming authorized capital. The authorized capital cannot be less than 100 minimum wages, i.e. 10 thousand rubles

In a CJSC, shares are distributed only among a predetermined (closed) circle of persons (for example, only among its participants).

The supreme governing body is the general meeting of shareholders.

The current management of the company's activities is carried out by the Executive Body: collegiate (board, directorate) or sole (General Director, Director)

Public corporation

(JSC)

Any number of participants

If there is only one participant (founder), then this should be reflected in the charter ( Clause 6, Article 98 of the Civil Code of the Russian Federation)

The authorized capital is divided into shares. Each participant buys shares, thereby forming the authorized capital. The authorized capital cannot be less than 1000 minimum wages, i.е. 100 thousand rubles

In an OJSC, shares can be sold to any person, they can be subscribed for and they can go on free sale.

JSC is obliged to annually publish for general information the annual report, balance sheet, profit and loss account.

The supreme governing body is the general meeting of shareholders. In society. With more than 50 shareholders, a Board of Directors is created.

Production cooperative

Citizens.

Participation of legal entities is allowed.

Members of a production cooperative shall bear subsidiary liability for the obligations of the cooperative in the amount and in the manner prescribed by the law on production cooperatives and the Charter.

Number of participants at least 5

The authorized capital is formed by combining personal share contributions.

Members of the cooperative are obliged to pay at least 10% of the share contribution by the time of registration of the cooperative, and the rest - within a year from the date of registration. The cooperative is not entitled to issue shares.

Provided personal labor participation cooperative members.

A member of a cooperative has the right to withdraw from the cooperative at his own discretion. At the end of the financial year, the value of the share must be paid to the exiter.

A member of a cooperative may be expelled by decision of the general meeting in case of non-performance (or improper performance) of the duties assigned to him by the charter of the cooperative

A member of a cooperative has the right to transfer his share to another member of the cooperative or to a third party, unless this is prohibited by the Charter. In the event of the death of a member of a production cooperative, his heirs may be accepted as members of the cooperative, or the cooperative is obliged to pay the value of the share to the heir.

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  • Table. Organizational and legal forms entrepreneurial activity

    Organizational and legal form

    participants

    Constituent documents

    capital

    a responsibility

    General partnership (entity)

    Only individual pre-whether and com-e org-ii (min-e number of participants - 2).

    Const. Dr., signed by all constituents.

    Min. there is no capital.

    They are liable for the partnership's debts with their property, and are jointly and severally liable for each other.

    Retired from T. Answer. obligatory 2 more years.

    Faith partnership (entity)

    Only ind. pre-whether and com-e org-tion (min-e number of participants - 2).

    Teachers and teachers-ki-contributors.

    memorandum of association signed by all founders.

    OOO

    Citizens and legal entities (min 1, max - 50)

    charter

    Shares of participants may not be equal, At least 100 minimum wages (money, securities, financial values.)

    JSC ):

    JSC (free sale of shares) andCompany (distribution of shares only among participants)

    Citizens, legal entities

    charter

    OJSC - 1000 minimum wage andCompany – 100 minimum wages

    State and mun-s unitary enterprises.

    Executive bodies

    charter

    No right to property

    Production cooperative

    Citizens and legal entities (through their representatives) at least 5 people

    charter

    General partnership (entity)

    Only ind-e pre-whether and com. Organizations (min. number of participants - 2).

    Uchr-ny doctor, under-th by all uchr-mi.

    Divided into shares (contributions of the founders).

    There is no minimum capital.

    They are responsible for the debts of the partnership with their name, they are jointly and severally responsible for each other.

    Retired from T. answered. obligatory 2 more years.

    Faith partnership (entity)

    Only ind-s pre-li and kom.org-ii (min. number of participants - 2).

    Constituent Dr., signed by all institutions.

    Divided into shares (contributions of the founders)

    Members are responsible for Comrade's debts by their name, are jointly and severally responsible for each other.

    There are accounts-ki-contributors who bear the risk of losses only in the amount of their contribution and do not accept. participation in pre-oh activities.

    The account-contributor has the right to receive profit in the amount of his share. Exit T. You can at any time and get your contribution.

    OOO (limited liability company)

    Citizens and legal entities (min 1, max - 50)

    charter

    Shares of accounts may not be equal, At least 100 minimum wages (money, securities, mat. prices)

    The participant is not responsible for the activities of the LLC, they are responsible only for their contribution. When he leaves, he gets his share.

    JSC ): JSC (free sale of shares) andCompany (distribution of shares only among participants)

    Citizens, legal entities

    charter

    The authorized capital is divided into shares.

    OJSC - 1000 minimum wage andCompany – 100 minimum wages

    They are not liable for obligations, they are liable within the limits of their contribution.

    State. and mun. Unitary pred.

    Executive bodies

    charter

    No property ownership

    Production cooperative

    Citizens and legal entities (through their representatives) at least 5 people

    charter

    Min. and max. the size of the share capital is not limited.

    They respond with their contribution and members bear additional (subsidiary) responsibility.

    COMPARATIVE TABLE OF ORGANIZATIONAL AND LEGAL FORMS OF ENTREPRENEURSHIP

    Members

    Constituent documents

    Capital

    A responsibility

    Sole proprietor without education legal entity - IPBOYUL

    1 person(qualification requirements may be presented (private security, education, etc.)

    Sometimes a license

    Minor, undivided

    Responsible for everything

    Partnership (full)

    Min 2 persons – only entrepreneurs (!)

    Memorandum of association

    The minimum capital is not set

    Solidary, with all property.

    A participant who has withdrawn from the partnership is liable for the obligations of the partnership for another 2 years

    Faith partnership

    Only entrepreneurs (!) To In addition to the participants, there are also founders-contributors. They do not participate in entrepreneurial activities, they can leave at any time and receive their contribution.

    Memorandum of association

    The capital is divided into shares (contributions) of the founders.

    Participants are liable for obligations with all their property, investors incur losses only by the amount of the deposit.

    The investor has the right to receive a part of the profit due to his share.

    Min - 1, max - 50

    Charter. Memorandum of association.

    Not less than 100 minimum wage. Divided into shares according to the number of participants (may be unequal)

    Only within the limits of their contributions

    Organizational and legal form

    Members

    Constituent documents

    Capital

    A responsibility

    Citizens, legal entities. Quantity is not limited

    At least 1000 minimum wages

    No more than 50 people

    At least 100 minimum wages

    Risk of loss only within the value of your shares

    State and municipal unitary enterprises

    FGUP, GUP, MUP

    (An example of such an enterprise is the post office)

    commercial legal entities

    The size of the authorized capital of the state unitary enterprise must be at least 5000 minimum wage, municipal - not less than 1000 minimum wage.

    The immovable property of a unitary enterprise cannot be sold, leased out, since it is not its property. Is it state or municipal property?

    Everyone who begins to implement plans to start their own business faces the need to choose a legal form for their future business. This task cannot be called simple. But knowing the features of each of them will allow you to weigh the pros and cons and choose the best one for your case.

    What are the organizational and legal forms of entrepreneurial activity

    The key criterion by which it is possible to sort the organizational and legal forms (OPF) existing in Russia is their relation to profit. On this basis, two large groups OPF:

    • commercial
    • non-commercial.

    The purpose of the former is to make a profit, this is directly stated in textbooks on economics. And for the latter, it is only a means of solving statutory tasks. Such objectives can be formulated as the fight against AIDS, world peace, increasing financial literacy, environmental protection, assistance to the disabled, social rehabilitation of the homeless or drug addicts, etc.
    When choosing a legal form for a business, you have to carefully weigh the pros and cons

    However, non-profit organizations (NPOs) are a separate extensive topic, but for business in its purest form this is not an option.

    There are such types of OPF of a commercial nature:

    • Not related to the formation of a legal entity:
      • Individual entrepreneurs (IP) - individuals with a special status, which are full subjects commercial activities and having a number of additional opportunities compared to ordinary individuals.
      • Peasant (farming) farms (PFH) are a special organizational and legal form for doing business in agriculture.
    • Legal entities differ from forms without forming a legal entity by the obligatory presence of an authorized capital or its analogues:
    • Business companies:
      • Limited liability companies (LLC), in which the authorized capital is divided into shares of the founders.
      • Joint stock companies, where the authorized capital is divided into shares. Depending on the possibility of free purchase and sale of shares on the market, they are divided into the following varieties:
      • Public Joint Stock Companies (PJSC), whose shares are freely sold and bought, anyone can become a shareholder.
      • Non-public or simply joint-stock companies (JSC), where the circle of shareholders and the possibility of buying and selling shares are limited by the internal regulations of the company.
    • Production cooperatives, or artels, associations of individuals, the main condition for membership is personal labor participation in the activities of the cooperative, common property, which can be called the equivalent of the authorized capital, is divided into shares, when joining the cooperative, a share fee is paid, the possibility of admitting and excluding participants is determined by the general meeting of members of the cooperative.
    • Partnerships are associations of commercial entities, instead of the authorized capital, a share capital is formed:
      • general partnership, the participants of which can only be legal entities and individual entrepreneurs;
      • partnerships on faith (limited partnerships), where, along with general partners, the role of contributors (limited partners), which can be individuals, is provided.

    Table: similarities and differences of OPF without creating a legal entity

    Comparison criteria.IP.KFH.
    Possibility of accepting additional participants.Excluded. An individual entrepreneur can only hire workers under labor or civil law contracts. Intermediate options are not provided even for family members. If there is a need to give family members a special status, the IP option is not suitable - only the establishment of a business company with the inclusion of relatives and friends among the founders or the creation of a partnership with giving these people the status of contributors or after they register IP - full partners.The roles of the head of the farm and ordinary members are provided, which can be family members or other relatives of the farmer, as well as complete strangers. At the same time, employees can be hired under labor and civil law contracts.
    Managing body.Not provided. All key decisions for the business (for example, to close the IP or change the type of activity) are taken by the IP alone, they do not need to be drawn up on paper.Head of KFH.
    Constituent documents.Not required.If the circle of members of a peasant farm is not limited to its head, an agreement is drawn up on the establishment of a peasant farm that regulates further relations between the participants, the procedure for making key decisions, etc.
    Opportunity to choose the field of activity.Not limited. Any permitted by law, other than those private business cannot be engaged by definition, for example, state and municipal administration.
    You can also engage in agriculture, and provided that the share of proceeds from these activities accounts for 70% of the income of an individual entrepreneur, he gets the right to pay a single agricultural tax.
    Exclusively agriculture and related activities. If the head of the peasant farm wants to do something else, he will have to register an individual entrepreneur separately or establish economical society. This law does not prohibit either him or ordinary members of the economy. But according to the law, it is impossible to be a member of more than one KFH at the same time.
    With all your property, unfulfilled obligations do not disappear even after the closure of the IP.Same as IP.
    Financial obligations to the state.From the moment of state registration and until the closure of the IP is obliged to pay for itself insurance premiums to off-budget funds (Pension and compulsory health insurance), regardless of the financial result of their activities - in fact, only for what it is.
    Income tax is paid in accordance with the chosen system of taxation.
    With the advent of hired personnel, personal income tax is withheld from the salary of employees, social contributions are paid for each of them.
    In general, it is similar to IP, but there is one difference - if there is more than one participant in a peasant farm, fixed payments to funds are made for each of them, no matter how many there are. However, thanks to this, members of the KFH have an insurance period for a future pension.

    Differences between entrepreneurs and farmers from ordinary citizens

    Theoretically, you can do business without registering individual entrepreneurs and peasant farms. If a citizen declares all the income received in this way and pays tax on it, the state has no claims against him. But this form of activity has significant drawbacks:

    • the inability to choose a tax regime - only the payment of personal income tax is available, while individual entrepreneurs and peasant farms have more profitable options;
    • the unavailability of banking products intended for business, the conditions for which may be more “tasty” than for those offered to individuals;
    • limiting the possibilities for contractual relations with customers - legal entities: they often give preference to individual entrepreneurs, because they pay taxes and make contributions for themselves, and for a citizen it is necessary to make contributions at least to the Pension Fund in excess of the payments due to him;
    • the impossibility of using printing, which in some cases may be important;
    • the absence of obligations for social contributions can also be considered as a blessing, but it must be understood that the length of service does not go. Although an individual can make payments to the FIU, thereby securing an insurance record and savings for a future pension, by entering into a voluntary relationship with a fund or under a pension co-financing program.
    An individual entrepreneur remains after registration as an individual, but receives a special status that gives additional features

    The law also provides for the option of personal subsidiary farm(LPH). It is understood that private household plots produce agricultural products for themselves and sell the surplus. On such income, it does not pay taxes and does not report on it in any way, nor does it pay fixed insurance premiums. But only family members can work in private household plots; the total area of ​​land plots is limited to 0.5 hectares, and for peasant farms these limits are determined by local legislation and can be, for example, 200 hectares; work in private household plots is not counted in the length of service for pensions.


    Some differences between KFH and LPH in the form of a table

    Differences between entrepreneurs and farmers from legal entities

    Comparison criteria.IP and KFH.Legal persons.
    Registration restrictions.Only at the address of registration of the place of residence or stay, regardless of the address of actual residence and place of business. for example, if the head of the future peasant farm is registered in the city, he must register the farm there.
    If an individual entrepreneur pays tax on imputed income or acquires a patent, including certain types activities, the corresponding payments go to the budget of the administrative unit where such activities are carried out.
    No restrictions - any legal address that the company has the right to legally use, regardless of the address of registration of the founder and / or director. It is allowed to register a company at the home address of the director.
    The need for authorized capital.Not needed.The authorized capital in its pure form or its analogues is required. The authorized capital of an LLC is from 10 thousand rubles. May be contributed by property.
    The authorized capital of JSC - from 10 thousand, PJSC - from 100 thousand rubles.
    Cooperatives must have common property, partnerships - share capital.
    The ability to freely manage money.There are no restrictions, since it is impossible to separate the personal funds of the entrepreneur and the money of the business.There are restrictions. You can’t just withdraw money from the company’s account, you need to justify special purpose, which often requires various tricks.
    The need for a governing body, constituent documents and registration of key decisions.IP doesn't need it. He makes all decisions himself, without coordinating them with anyone and without reporting to anyone.
    in the KFH, decisions are made by the head. If there is more than one member of a peasant farm, an agreement is drawn up on the establishment of a peasant farm, in which it is allowed to prescribe the decision-making procedure, including collectively with the participation of ordinary members of the farm, and the need to fix them on paper.
    All of the above are required.
    Liabilities for contributions to off-budget funds (insurance contributions).There are and do not depend on the financial result of the activity and the fact of its conduct.
    If there is more than one participant in the KFH, payments are made for each.
    Only from the actual accrued salary.

    Business companies

    Perhaps the most popular OPF of this variety, especially for small businesses, can be called an LLC. However, in some cases, the establishment of a joint-stock company is also justified.

    Most often, a future businessman faces a dilemma of choosing between an LLC and an individual entrepreneur, less often, when it comes to plans related to agriculture, the KFH option can also be considered.

    In favor of an LLC is usually the absence of obligations to pay insurance premiums only upon the fact of its existence. LLC, and indeed any legal entity, makes such payments only from salaries accrued to staff and payments from other remuneration to individuals, for example, under work contracts. But there are other nuances.

    Limited liability companies

    In an LLC, the founder is liable for its obligations within the limits of its share in the authorized capital.

    If the authorized capital of an LLC is equal to the minimum of 10 thousand rubles by law, it can owe at least millions, but penalties for this amount are imposed on the property of the company, and the personal liability of the founders is limited to these same 10 thousand. So, if a company has three founders and the share of two of them in the authorized capital is three thousand, and one is four thousand rubles (30 and 40%, respectively), then their personal liability is limited to these amounts. If there is nothing to collect from the LLC itself, bribes from it are smooth.

    The authorized capital can be contributed not only in money, but also in property, and if the amount of this capital is initially small, then the founders have the opportunity to evaluate it on their own, without involving an expert. For example, a used laptop can be used in this capacity. And if there is nothing on the balance sheet of the company, except for this laptop, contributed as authorized capital, then there is nothing more for creditors to get from it.

    Thanks to this feature, LLC founders can stop one unsuccessful business and start a new one from scratch. But the IP does not have such room for maneuver: unfulfilled obligations associated with entrepreneurial activity will haunt him for the rest of his life. And if it closes and then reopens, the debts accumulated during business activities will not go away from it.
    Key Feature LLC consists in the fact that the liability of the co-founders for its obligations is limited to the share of each in the authorized capital of the company

    Previously, there was a variant of an additional liability company (ALC). It differed from LLC in that the founders were liable with all their property for the obligations of the company within the framework of each share in the authorized capital of the company. However, this option was not popular, which is not surprising. Who would want to burden themselves with additional liability, when you can easily and legally avoid this by opting for the LLC option? In 2018, ALCs are not established, and the provisions of the legislation governing their activities have long since ceased to be valid. According to statistics for December 2017, there were more than 3.7 million commercial organizations in Russia. And among them there are only six ALCs, of which three were established before July 1, 2012.

    At the same time, it is more difficult for society to withdraw money from working capital. The entire working capital of an individual entrepreneur is by default considered his personal funds, with which he has the right to do as he pleases. But the founders of an LLC do not have such an opportunity. If you strictly follow the letter of the law, then the company must first make a profit and pay tax on it, and only then have the right to distribute this profit among the participants in the company and withhold a separate tax from the amounts due to each of them.

    In practice, of course, there are ways to get around this slingshot. They are known to every more or less experienced accountant.

    One of these ways of obtaining money from the working capital of your company is the conclusion between the founder and the company of a loan agreement for the withdrawn amount. In fact, to conclude such an agreement with himself, but in different guises, even the only founder of the company, who is at the same time its first person, and the chief accountant, and the only employee, has the right. The contract itself can be concluded, for example, for 500 years at 0.001% per annum, or even on the terms of an interest-free loan. And although the tax inspectorate is well aware of what all this means, they have no formal grounds to complain.

    It is not uncommon, although not the best option from the point of view of business interests, when the founders do not make a difference between their personal wallet and the company's finances and, in fact, simply take funds for their current needs from the cash desk.

    Financial consultants recommend separating personal finances and business money and at least clearly fixing it for yourself on paper or in a spreadsheet (for this you can use Excel, Google spreadsheets or specialized mobile applications) all cases when the founder spent his own funds for the needs of the company and, conversely, used the company's funds for his personal needs, and reconcile at least once a month. Even better is to calculate every time how much money and when can be withdrawn from the business without jeopardizing its solvency. To do this, you can use such tools for assessing the financial condition of a business, such as a financial (economic) model, a report on the movement Money and income statement. And the ideal option is to set a kind of “salary” for the founders, the optimal amount of which should be calculated based on the results of each payment period (usually one month). It will not be superfluous to conduct such calculations and IP, whose activities involve tangible participation own funds for the purchase of goods, payment for the services of counterparties, etc., and taxes and fixed contributions should not be forgotten, especially when the profits are small and can be easily spent on life entirely.


    An example of summarizing personal expenses for business and business funds for your needs in one table from the founder of the Finologist service, Mikhail Smolyanov

    It would not be superfluous to mention such a difference between an economic company and an individual entrepreneur as a higher bureaucratic burden. Every society must have a founding document called a charter. It may be typical, but the entrepreneur does not need this either. Each fateful decision for the company, in cases where it is required by law or its own charter, must be drawn up on paper by the minutes of the general meeting of founders or by the decision of the sole founder. And it is enough for an individual entrepreneur to make a decision in his head, without drawing it up on paper. The firm must also have at least a nominal CEO and Chief Accountant. The law does not prohibit combining all these roles to one employee, co-founder or sole founder, there are also ways to legally not pay such a person a salary and deductions from it or get by with symbolic amounts. However, the IP is completely spared from the need to use such tricks.

    Joint stock companies

    The main feature of joint-stock companies is that in them the authorized capital is divided not into shares, but into shares. The owners of parts of the authorized capital in such a company are called shareholders, and by default there are more than one. When the holder of all 100% of the shares is a single shareholder, the appropriateness of choosing such OPFs is questionable. It is easier in such a situation to be the sole founder of the LLC.
    In a joint-stock company, the meeting of shareholders is authorized to make key decisions

    Shareholders bear responsibility for the risks of a joint-stock company within the limits of the number of shares they own. In practice, this means, first of all, that in the event of unsatisfactory financial results activities of the company, they run the risk of losing all or a fair amount of funds invested in shares if they manage to sell shares below par value.

    The body authorized to make fateful decisions in a joint-stock company is the meeting of shareholders. In this case, one share is equal to one vote. And although the authorized capital is divided into them in equal shares, so if a hundred shares were issued, then each is equal to one hundredth of the authorized capital, and if a thousand - one thousandth. But the number of shares held by shareholders may be different. The main determining factor in this case is solvency and willingness to invest in a specific business project. And if one shareholder has, for example, 90 shares, and another ten, it is easy to understand whose opinion will be decisive.

    The concept of a share, and indeed investment in general, in the 90s of the last century was thoroughly discredited by various financial pyramids, one of the most famous of which was the notorious MMM OJSC. But all the commercial activities of the brainchild of Sergei Mavrodi and similar structures were limited exclusively to stock trading. Unlike pyramids, a full-fledged joint-stock company invests the money received from the sale of shares in real business projects, whether it be production, trade, innovative developments, etc., and seeks to preserve and increase these funds due to the financial result from their implementation.


    With a positive result of the activities of a joint-stock company, shareholders can receive payments called dividends.

    Payments to shareholders of profit from their ownership of a company's shares (shares act as confirmation of the fact of such ownership) are called dividends and are paid based on the results of the reporting period, usually one year. The decision whether to pay them and if so, in what amount, is taken by the general meeting of shareholders. We can talk about dividends only in the case of profit and a decision to distribute it in whole or in part among shareholders. If there is no profit, then there is nothing to pay.

    Shares that are publicly traded on the stock exchange are usually purchased to earn on fluctuations in their market value. The dividend earning strategy is considered to be significantly less profitable.

    The classification of joint-stock companies is based on the possibility of free circulation of shares. According to this criterion, they are divided into two types:

    • public joint stock companies, or simply joint stock companies (JSC);
    • public joint stock companies (PJSC).

    PJSC shares can be bought and sold freely, including on the stock exchange. Various restrictions apply to the purchase and sale of JSC shares. Such shares are initially distributed among the founders or other persons designated by them.

    Until September 1, 2014, public joint-stock companies were called open (JSC), and non-public - closed (CJSC). However, after the entry into force of Federal Law No. 99-FZ of May 5, 2014 “On Amending Chapter 4 of Part 1 of the Civil Code of the Russian Federation and Recognizing Certain Provisions of Legislative Acts of the Russian Federation as Invalid”, existing legal forms of ownership received new names, and often amendments were made and in their content.

    The following features of PJSC follow from the current version of the federal legislation:

    • free circulation of the company's securities (shares, bonds) on the market;
    • the obligation to regularly publish publicly available reports on the financial activities of the company in accordance with generally accepted standards;
    • the obligation to involve specially appointed registrars to maintain the register of shareholders and establish decisions of meetings of shareholders;
    • no restrictions on the number of shareholders - there can be as many as you like.

    Shares of non-public JSCs cannot be bought or sold on the free market. The circle of persons entitled to their acquisition is determined by the founders of the JSC and included in the relevant decisions in its charter. If the holder of these securities wishes to sell them, other shareholders have the pre-emptive right to acquire them. Usually, the period during which the priority sale rule is valid is valid for 30-60 days (depending on the charter of a particular JSC) from the moment the shareholder announces his decision to make a deal on the alienation of shares. Other restrictions may apply. For example, the possibility of selling shares only with the permission of other shareholders or the need for their mandatory approval of the candidacy of a potential buyer.

    A JSC can have no more than 50 shareholders.

    There is also a difference in the requirements for the size of the authorized capital. For PJSC, the minimum amount is 100 thousand rubles, while 10 thousand is enough for JSC.
    The main differences between PJSC and JSC (non-public companies) in the form of a table

    It can be said that closed joint-stock companies (CJSCs), which were relatively widespread until September 2014, were transformed into non-public JSCs.

    CJSCs were popular at the turn of the 80-90s of the last century, when enterprises located in state property massively transferred to the joint ownership of labor collectives. The distribution of shares with limited turnover among employees of such enterprises was considered one of the forms of fair distribution of this property among members of the labor collective.

    In modern realities, the expediency of establishing a joint-stock company raises big questions. A more comfortable option seems to be an LLC, where ownership of the company's assets and the ability to influence management decisions limited to the circle of founders, which is usually narrower than shareholders.

    But PJSCs, due to the proceeds from the free sale of shares, have the opportunity to attract additional money to the business. This is usually why shares are sold.

    Forms of joint venture

    Here cooperatives stand out as a way joint activities individuals and partnerships - for legal entities and individual entrepreneurs.

    Production cooperative

    A production cooperative is a legal entity formed as a result of a voluntary association of individuals, which may be at least five.

    An exclusively general meeting of members of a cooperative, in particular, has the right to make decisions such as:

    • charter change:
    • formation and appointment of other governing bodies;
    • admission to the members of the cooperative and exclusion from their number;
    • determining the amount of the contribution.

    A mandatory condition for membership in a cooperative, the law determines the contribution by each participant of a personal labor contribution to its commercial activities. This may be production, trade, provision of services, etc.
    Since the key condition for membership in cooperatives is personal labor participation in its activities, they are also officially called artels.

    The property of the cooperative is divided into shares. By making a share contribution upon entry, the participant thereby pays for his share.

    A member can leave the cooperative:

    • at will;
    • due to exclusion;
    • in case of death;
    • on other grounds provided by the charter.

    Partnerships

    General partnerships unite commercial organizations and / or individual entrepreneurs for joint management commercial activities. For its obligations and risks, the comrades are liable with all their property, however, the penalty is first of all levied on the share capital of a general partnership, which, according to the law, must be at least one hundred minimum dimensions wages (SMIC). The share capital performs the role of authorized capital, the responsibility of the participants in the partnership is distributed in proportion to the share of each in it. In this sense, the approach is similar to the situation with ODO. In turn, as in the case of a cooperative, each participant in a general partnership must contribute to its entrepreneurial activity.

    In one of the regional centers of the Central Federal District of the Russian Federation, individual entrepreneurs specializing in providing a wide range of car repair services and auto parts trade have united in a general partnership operating throughout the city. They considered that together it is easier for them to solve a number of organizational issues.

    The role of the main internal document, regulating the activities of a full partnership, is played by the memorandum of association, which acts as a charter.
    The function of the charter in the partnership is performed by the memorandum of association

    The composition of a limited partnership, or a limited partnership, has the right to include not only general partners, who, as in the case of a general partnership, must necessarily be commercial organizations or individual entrepreneurs, but also contributors (limited partners).

    Individuals may also be limited partners, and their obligations as part of a limited partnership are limited to making a contribution to the share capital. Only general partners have the right to sign the memorandum of association and manage this type of partnership. Investors are not entitled to influence the management and challenge the decisions of the managing body in court. But they have the right to control financial activities partnership, their share of profits, proportional to the contribution to the share capital, and the pre-emptive right to return their contributions at the expense of the property of the partnership in its liquidation.

    Comparative table of existing organizational and legal forms

    IPKFHOOOPAOJSCProduction cooperativeGeneral partnershipLimited partnership (limited partnership)
    Who can be a member.Individual.Individuals.Individuals, including foreigners and stateless persons, Russian and foreign legal entities.Individuals and legal entities.Individuals, the possibility of participation of legal entities is determined by the charter of the company.Individuals.Legal entities and individual entrepreneurs.Legal entities and individual entrepreneurs as general partners, individuals may also be contributors.
    The name of the participant.Individual entrepreneur.Head of the KFH, members of the KFH.Founders, co-founders.Shareholders.Shareholders.Cooperative members.Complete comrades.Full partners and contributors (limited partners).
    Limit number of participants.Only one person.The head of the peasant farm, members of his family, relatives (then three families), third-party individuals (up to five people).From one to fifty individuals and/or legal entities.Not limited.No more than 50 shareholders.From five people.Not limited.Not limited.
    The highest management body.Not applicable. All decisions are made solely by the individual entrepreneur, their documenting not required.Head of KFH.Sole founder or general meeting of founders.Meeting of shareholders.Meeting of shareholders.General meeting of members of the cooperative (at least five participants).Not legally defined. The decision-making procedure is determined by the memorandum of association. If key decisions are made jointly, the obligatory condition is the consent of all members of the partnership, but a simple majority of votes is allowed.Not legally defined. The decision-making procedure is determined by the memorandum of association. Participation in management is accepted only by full partners.
    Founding document.Not provided. IP decisions do not need to be documented.Agreement on the establishment of a peasant farm. Not required if the KFH consists of one participant.Charter.Charter.Charter.Charter.Memorandum of association.Memorandum of association.
    Responsibility for obligations.All property.Subsidiary responsibility of all members of the KFH.Within the share of the founder in the authorized capital.The company is responsible with all its property, the shareholders - for the risks of the nominal value of their shares.The company is liable for obligations with property. Shareholders - according to the risks of the nominal value of their shares.Subsidiary liability of members of the cooperative in the amount provided for by the charter, but not less than 0.5% of the share contribution.Full partners are liable with all their property.

    How to choose the most suitable organizational and legal form

    The choice of legal form for business is determined, first of all, by how the future owner imagines its further development and with whose money he plans to implement his project. If alone and without attracting third-party funding, it is easier to limit yourself to the option of an individual entrepreneur or LLC. The choice between them depends on which named pluses and minuses for each of these forms are of key importance for a particular individual.

    If the project is collective, but the number of participants is small, it is worth considering the option of an LLC with several founders, and the company can have up to 50 of them.

    But in some cases it is better to give preference to a production cooperative. This option is relevant when potential partners have nothing to invest in the business, except for small funds and their own labor. For example, if the partners are good at doing a certain job, say sewing, mending shoes, making furniture, etc. At the same time, do not forget that at least five participants are required to establish a cooperative.

    Often, new business projects are launched with the participation of investors. And those can insist on their participation in the future legal entity. In this case, you can consider the option of both an LLC with the allocation of a share in the authorized capital to the investor, and a JSC, where he will become the holder of the agreed percentage of shares.

    It makes sense to think about PJSC as a way to attract additional funds to the business through the sale of shares when there is already something to attract a potential buyer of shares. Securities of a little-known company that does not have impressive financial results in its assets (experienced stock investors evaluate the prospects of newcomer companies' shares based on their reports) are unlikely to arouse much interest.

    The option of association in partnerships is better suited for businessmen with experience in doing business independently, who have realized the need to work together with colleagues and become partners from competitors. The choice between a general partnership or a limited partnership depends on whether there is a need to attract funds from potential investors to the project.

    Types of OPF

    Membership types, restrictions

    Registration documents

    Control

    A responsibility

    Profit

    Exit

    OOO
    (limited liability company)

    Charter, memorandum of association, minutes of the organizational meeting, application for registration

    Governing bodies: general meeting of participants, management. The number of votes by agreement of the participants is specified in the constituent documents (recommendation: in proportion to the share in the authorized capital).

    Participants bear the risk of losses within the value of their contributions to the authorized capital of the company.

    Upon withdrawal, the participant has the right: to receive a share in money, in kind, to transfer part of it or all of it to another person (participants in this have an advantage over third parties).

    ODO
    (company with additional liability)

    Provides one type of membership - member. It can be an individual or a legal entity (their possible number is from 1 to 50). Another company cannot be the only member if it consists of 1 person.

    Charter, memorandum of association, minutes of the organizational meeting, application for registration

    Governing bodies: general meeting of participants, management. The number of votes of a participant is proportional to the share of his contribution to the authorized capital (unless otherwise provided).

    Participants are jointly and severally liable with their property in an equal for all multiples of the value of their contributions. Responsibility for the obligations of the bankrupt participant is transferred to other participants.

    The profit allocated for dividends is distributed among the participants in proportion to their shares in the authorized capital.

    When leaving the ALC, the participant has the right: to receive his share in money, in kind, to transfer part of it or all of it to another participant (participants in this have a preemptive right over third parties).

    Company
    (closed joint stock company)

    One kind of membership is a shareholder. It can be an individual or a legal entity (the number is not limited). Another company cannot be the sole shareholder if it consists of 1 person. Shares are distributed only among the founders or a predetermined circle of persons.

    In order to “leave” a CJSC, a shareholder sells his shares to the company or its shareholders. A shareholder leaving for the creation of a peasant farm is allocated a land plot and property in accordance with the charter.

    JSC
    (public corporation)

    One kind of membership is a shareholder. It can be an individual or a legal entity (the number is not limited). Another economic company cannot be the sole shareholder if it consists of 1 person.

    Charter, memorandum of association, application for registration

    Governing bodies: general meeting of shareholders, supervisory board, board (management) headed by the chairman (director). The share of preferred (non-voting) shares must not exceed 25%.

    Shareholders are liable to the extent of the value of their shares.

    Dividend profit is distributed among shareholders in proportion to the number of shares they own.

    In order to "leave" the OJSC, the shareholder sells all his shares to any person. A shareholder leaving for the creation of a peasant farm is allocated a land plot and property in accordance with the charter.

    DRL
    (subsidiary business company)

    Participants can be individuals and legal entities (partnerships, companies). DHO does not have the right to independently determine its decisions, as it depends on another economic (main or parent) company, partnership.

    Charter, memorandum of association, application for registration

    The participant (main or parent company) is liable for the debts of the DHO, if they arose due to his fault. DHO is not liable for the participant's debts.

    The profit allocated for dividends is distributed among the participants in proportion to their shares in the authorized capital.

    ZHO
    (dependent business company)

    Participants can be individuals and legal entities (companies). A business company (JSC or LLC) is recognized as dependent if: more than 20% of the voting shares of the JSC or more than 20% of the charter capital of the LLC belongs to another, the so-called. dominant or participating society. The number of participants is not limited.

    Charter, memorandum of association, application for registration.

    Governing bodies: meeting of participants, board, chairman.

    The Participant is liable within the limits of the value of his shares or stake in the charter capital of the WCO.

    Profit allocated to dividends is distributed among the participants in proportion to the number of shares they own or shares in the authorized capital.

    In accordance with the constituent documents, depending on the type of OPF.

    TNV
    (faith partnership)

    There are two types of membership - full fellow and contributor. General partners can be individual entrepreneurs (IP) and (or) commercial organizations. Contributors can be citizens and legal entities. There must be at least 1 general partner and 1 contributor in TNV. You can only be a general partner in one partnership. The number of general partners and contributors is not limited.

    Memorandum of association, minutes of the organizational meeting, applications from general partners (they become individual entrepreneurs), application for registration of TNV

    Governing bodies: meeting of general partners, authorized (director) TNV. The number of votes of general partners, as agreed by the parties, is stipulated in the memorandum of association (recommendation: in proportion to shares in the share capital).

    General partners are liable with all their property, investors - the risk of losses in the amount of the value of their contributions to the share capital.

    Profit allocated to dividends is distributed among general partners and investors in proportion to their shares in the share capital. First of all, dividends are paid to investors. The amount of dividend per unit of contribution for general partners cannot be higher than for investors.

    When leaving the TNV, the general partner receives a share in the share capital, and the investor receives the value of his contribution. A general partner has the right: to transfer part of the share or all of it to another participant (to a third party - with the consent of the general partners). the depositor does not need such consent.

    Fri
    (general partnership)

    One kind of membership is a full fellow. They can be individual entrepreneurs (IP) and (or) commercial organizations. A person can only be a member of one PT. The number of participants is at least two.

    Memorandum of association, minutes of the organizational meeting, applications for IP and registration of PT.

    Governing bodies: meeting of participants, authorized (if provided). Each participant has the right to represent the partnership, has 1 vote, and the decision is considered adopted if approved by all participants (unless otherwise specified in the UD)

    Participants jointly and severally bear subsidiary liability with their property for the obligations of the PT (including those who are not the founders).

    The profit allocated for dividends is distributed among general partners in proportion to their shares in the share capital.

    When leaving the PT, the participant has the right: to receive the value of his share in the UK (in kind - by agreement), to transfer part or all of it to another participant (to a third party - with the consent of the other general partners).

    SPK
    (agricultural production cooperative)

    There are two types of membership - a member and an associate member (they can only be individuals). The minimum number of members of the SEC is 5 people.

    Governing bodies: general meeting of members; supervisory board (elected if the number of members is at least 50); board (or chairman). Associate members have the right to vote only in certain cases. Each member of the cooperative has 1 vote.

    The cooperative is liable for its obligations with all its property. Members of the cooperative bear subsidiary liability for the obligations of the cooperative in the amount provided for by the charter of the cooperative, but not less than 0.5% of the mandatory share.

    The profit distributed among the participants is divided into 2 parts: dividends paid in proportion to the contributions of associate members and additional shares of members; cooperative payments issued to members in proportion to labor participation.

    When withdrawing from the SEC, the participant has the right: to receive the value of his share contribution in money, in kind, to transfer part or all of it to another Participant (to a third party - with the consent of the other participants).

    OSPC
    (serving agricultural consumer cooperative)

    Two types of membership - a member and an associate member (they can be individuals and legal entities). The minimum number of PSUC members is 5 citizens or 2 legal entities.

    Charter, minutes of the organizational meeting, application for registration.

    Governing bodies: general meeting of members, supervisory board, board (or chairman). Associate members have the right to vote only in certain cases. Each member of the cooperative has 1 vote.

    The cooperative is liable for its obligations with all its property. Members of the cooperative are obliged to repay the losses by making additional contributions.

    The income distributed among the participants is divided into 2 parts: dividends paid in proportion to the contributions of associate members and additional shares of members; cooperative payments issued to members in proportion to their use of the main types of services of the cooperative (the charter may provide otherwise)

    When leaving the OSKK, the participant has the right: to receive the value of his share contribution in money, in kind, to transfer part or all of it to another participant (to a third party - with the consent of the other Participants).

    KFH

    Two types of membership - the head and a member of the KFH (maybe one - the head of the KFH). The number of members is not limited.

    Application for registration of a peasant farm, application for separation land plot on account of land shares, an agreement between members of the peasant farm (at their discretion)

    All decisions on the management of a peasant farm are made by its head (unless otherwise provided by the agreement)

    The head of the KFH bears full responsibility for the obligations of the KFH, and the members of the KFH bear the risk within the value of their contributions.

    Distributed by the head of the KFH at his discretion (unless otherwise specified in the agreement between the members of the KFH)

    Those who left the peasant farm have the right to receive monetary compensation in the amount of their share in the property of the farm. Land and property upon withdrawal of a member shall not be subject to division. The sizes of shares are considered equal (unless otherwise specified in the agreement between the members of the peasant farm)

    GKP
    state (state) enterprise

    The participant of the enterprise is its founder - the Government of the Russian Federation. A state-owned enterprise is based on the right to operational management of the Federal property transferred to it.

    Charter approved by the Government of the Russian Federation

    He is liable for his obligations with all his property. Not responsible for the obligations of the founder. The Russian Federation bears subsidiary liability for the obligations of a state-owned enterprise in case of insufficiency of its property

    The liquidation of the enterprise is carried out by decision of the Government of the Russian Federation

    MP
    (municipal enterprise)

    The participant of the enterprise is its Founder - an authorized state body or body local government. This type unitary enterprise is based on the right of economic management.

    Charter, approved by the authorized government agency or local government

    All decisions on the management of the enterprise are made by the head or another body appointed by the owner of its property.

    By its obligations with all its property. Not responsible for the obligations of the founder. The owner of the property is liable for the obligations of the enterprise if its bankruptcy occurred due to the fault of the owner of the property

    The conditions for the use of profits are stipulated in the charter approved by the founder

    The liquidation of the enterprise is carried out by the decision of the founder - the owner of its property

    Preview:

    In addition to the division into commercial and non-profit organizations, we also have a division into unitary and corporate. Unitary - these are those where there is leadership, as, for example, in a state-owned enterprise - an appointed director, this is a religious organization or institution. And corporate ones are where the citizens themselves collectively manage, for example, a homeowners' association or a joint-stock company. Where there are shareholders, it is a corporation. AT corporate organization whether it is commercial or not, it is managed collectively. There is supreme body- general meeting. It elects the board, the chairman of this board or the head of the legal entity itself, sometimes he is called the president. And in unitary issues of management, the owner decides

    Commercial organizations:

    • Commercial corporate organizations:
    1. General partnership
    2. Faith partnership
    3. Peasant (farm) economy
    4. Economic partnership (almost not mentioned in the Civil Code)
    5. Joint-stock company
    6. Production cooperatives
    • Commercial unitary organizations:

    Non-profit organizations:

    • Non-profit corporate organizations:
    1. consumer cooperative
    2. Public organizations
    3. Associations and unions
    • Non-profit unitary organizations:
    1. Funds
    2. Institutions
    3. Religious organizations

    Commercial corporate organizations

    General partnership

    The definition of a full partnership is given in Article 69 of the Civil Code of the Russian Federation:

    A partnership is recognized as a full partnership, the participants of which (general partners), in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and are liable for its obligations with their property.

    Faith partnership

    Article 82 contains the definition of a limited partnership:

    partnership on faith limited partnership) a partnership is recognized in which, along with the participants carrying out entrepreneurial activities on behalf of the partnership and liable for the obligations of the partnership with their property (general partners), there are one or more participants - contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, in within the limits of the amounts of contributions made by them and do not take part in the implementation of entrepreneurial activities by the partnership

    Peasant (farm) economy

    Article 86.1 of the Civil Code of the Russian Federation defines a peasant (farm) economy:

    A peasant (farm) enterprise created as a legal entity is recognized as a voluntary association of citizens on the basis of membership for a joint production or other economic activity in the area of Agriculture based on their personal participation and association of property contributions by members of the peasant (farm) economy

    Economic partnership

    The definition is contained in Art. 2 of the Federal Law of 03.12.2011 No. 380-FZ "On economic partnerships":

    A business partnership (hereinafter referred to as a partnership) is a partnership established by two or more persons. commercial organization, in the management of whose activities in accordance with this federal law participants of the partnership, as well as other persons, to the extent and to the extent provided for by the partnership management agreement.

    Limited Liability Company

    The definition of a limited liability company is given in Article 87:

    A limited liability company is a business company, the authorized capital of which is divided into shares; members of a limited liability company 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

    Joint-stock company

    Article 96 of the Civil Code of the Russian Federation contains a definition of a joint-stock company:

    A joint-stock company is a business company, the authorized capital of which is divided into a certain number of shares; participants of a joint-stock company (shareholders) 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

    The previously existing CJSC and OJSC were replaced by new types of joint-stock companies:

    • public
    • non-public.

    Production cooperatives

    The concept of a production cooperative is given in Article 106.1:

    A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production or other economic activities (production, processing, marketing of industrial, agricultural and other products, performance of work, trade, consumer services, provision of other services), based on their personal labor and other participation and association of property share contributions by its members (participants). The law and the charter of a production cooperative may provide for the participation of legal entities in its activities.

    Commercial unitary organizations

    State and municipal unitary enterprises

    Article 113 contains the definition of a unitary enterprise:

    A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including between employees of the enterprise

    The law distinguishes two organizational and legal forms of unitary enterprises:

    • state unitary enterprises
    • municipal unitary enterprises

    Non-profit corporate organizations

    consumer cooperative

    Article 123.2 contains the definition of a consumer cooperative:

    A consumer cooperative is a membership-based voluntary association of citizens or citizens and legal entities in order to meet their material and other needs, carried out by combining property shares by its members.

    To consumer cooperatives also include:

    • consumer societies,
    • housing, housing construction and garage cooperatives,
    • horticultural, horticultural and dacha consumer cooperatives,
    • mutual insurance companies
    • credit cooperatives,
    • rental funds,
    • agricultural consumer cooperatives

    Public organizations

    Definition public organizations given in Article 123.4 of the Civil Code of the Russian Federation:

    Voluntary associations of citizens united in the manner prescribed by law on the basis of their common interests to meet spiritual or other non-material needs, to represent and protect common interests and achieve other goals that do not contradict the law are recognized as public organizations.

    FZ-99 includes the following public organizations:

    • political parties,
    • trade unions (trade union organizations) established as legal entities,
    • social movements,
    • bodies of public initiative
    • territorial public self-governments

    Associations and unions

    Article 123.8 defines an association (union):

    An association (union) is an association of legal entities and (or) citizens, based on voluntary or, in cases established by law, on mandatory membership and created to represent and protect common, including professional, interests, to achieve socially useful goals, as well as other non unlawful and non-commercial purposes

    Among the associations (unions):

    • non-profit partnerships
    • associations of employers
    • associations of trade unions, cooperatives and public organizations,
    • chambers of commerce and industry, notaries and lawyers

    Associations of property owners

    Article 123.12 contains the concept of an association of real estate owners:

    A partnership of real estate owners is a voluntary association of owners real estate(premises in a building, including in an apartment building, or in several buildings, residential buildings, country houses, horticultural, gardening or suburban land plots, etc.), created by them for joint possession, use and within the limits of disposal established by law property (things), by virtue of the law being in their common ownership or in common use, as well as to achieve other goals provided for by laws

    Property owners associations include:

    • homeowners associations
    • horticultural, horticultural and dacha non-profit partnerships

    Cossack societies included in State Register Cossack societies in Russian Federation

    The definition of a Cossack society is given in article 123.15:

    Cossack societies are recognized as associations of citizens entered in the state register of Cossack societies in the Russian Federation, created in order to preserve the traditional way of life, management and culture of the Russian Cossacks, as well as for other purposes provided for by Federal Law No. 154-FZ of December 5, 2005 "On public service Russian Cossacks", who voluntarily assumed, in the manner prescribed by law, obligations to perform state or other service

    Communities of Indigenous Peoples of the Russian Federation

    Article 123.16 contains the definition of communities of indigenous peoples of the Russian Federation:

    Communities of the indigenous peoples of the Russian Federation are recognized as voluntary associations of citizens belonging to the indigenous peoples of the Russian Federation and united on the basis of consanguinity and (or) territorial-neighbourhood in order to protect the original habitat, preserve and develop traditional ways of life, management, crafts and culture

    Non-profit unitary organizations

    Funds

    The definition of a fund in Article 123.17 of the Civil Code of the Russian Federation:

    The fund is recognized as a unitary non-profit organization, without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions and pursuing charitable, cultural, educational or other social, socially useful goals

    Funds include:

    • public funds
    • charitable foundations

    Institutions

    The concept of establishment is given in article 123.21:

    An institution is a unitary non-profit organization created by the owner to carry out managerial, socio-cultural or other functions of a non-profit nature.

    The Code identified 3 types of institutions:

    • State (state, budget or autonomous), including state academies of sciences
    • Municipal (state, budget or autonomous)
    • Private, including public institutions

    Autonomous non-profit organizations

    Article 123.24 contains the definition of an autonomous non-profit organization:

    An autonomous non-profit organization is a unitary non-profit organization that does not have membership and was created on the basis of property contributions from citizens and (or) legal entities for the purpose of providing services in the areas of education, healthcare, culture, science and other areas of non-profit activities.

    Religious organizations

    Article 123.26 contains a definition of a religious organization:

    A religious organization is a voluntary association of citizens of the Russian Federation permanently and legally residing on the territory of the Russian Federation or other persons, formed by them for the purpose of joint confession and dissemination of faith and registered in the manner prescribed by law as a legal entity (local religious organization), an association of these organizations (centralized religious organization), as well as the organization and (or) the governing or coordinating body created by the specified association in accordance with the law on freedom of conscience and on religious associations for the purpose of joint confession and dissemination of faith