FSUE is a federal state unitary enterprise. In other words, the right of ownership lies with the state - the Russian Federation. This enterprise can carry out any activity not prohibited by law: trade, the provision of services, production, education.
FSUE is a unitary enterprise that does not have the right to succession of various kinds of property allocated to it by the owner.
This type of legal organization of activity has only state-owned companies.
FSUE bears responsibility for its own debts with all its property, but is not liable for the debts of the owner of the property.
The charter is the constituent document of the enterprise, on the basis of which it carries out activities.
Considering the features of unitary and commercial companies, we can say that the former must report on their actions on the government procurement website of the Russian Federation.
Unitarity of the enterprise can be described by the following features:
- formation of a legal entity through the separation by the owner of a share of his property, and not through the union of property of several owners;
- approval of the creator of the right to property;
- endowment with property of a legal entity in the form of operational management or economic management;
- the impossibility of dividing property;
- non-acceptance of membership;
- Sole management apparatus.
The grounds for the creation of FSUE
The company is formed for several reasons:
- the importance of property that cannot be privatized;
- conducting activities to solve all kinds of social problems, including marketing products and providing services at a reduced cost, organizing the procurement of essential goods;
- conducting operations that are in the stage of bankruptcy or are unprofitable;
- maintaining activities that are subsidized.
The purpose of the formation and activities of a unitary enterprise is to realize the tasks of the state on a commercial basis.
The rights and duties of the unitary enterprise personnel are specified in the Labor Code. When a company makes a contribution by agreement with the owner, management still does not receive the right to distribute profits among employees. All recoverable profit is the property of FSUE.
Rights and obligations of a unitary enterprise
All these items are contained in the Charter of the enterprise.
If the property is allocated in the framework of economic management, the company can use the property produced by goods, recoverable profit. All this is carried out within the framework prescribed in the laws and various acts of the Russian Federation.
In the framework of operational management, the FSUE management has the right to use goods, property and profit with the approval of the owner.
The owner of the property himself registers the company, prescribes the objectives of the work. The owner controls the intended use of the property entrusted to the unitary enterprise.
The owner can take ownership of the enterprise under the guise of investing in the authorized capital.
FSUE cannot create subsidiaries. Also, the legislation prohibits enterprises conducting their business on the basis of economic management rights to be the founders of any unitary enterprise by allocating part of the property to operational management. This prohibition was imposed in order to track the withdrawal of part of the property of the enterprise when opening subsidiaries.
Ways of forming the property of FSUE
These are such sources:
- property allocated by the owner of the enterprise in payment of the authorized capital;
- other property transferred to the enterprise with the approval of the owner;
- profit earned during commercial work;
- borrowed resources, including loans from banks and other credit institutions;
- assistance coming from budgets of various levels;
- dividends received from other companies where FSUE owns a share;
- voluntary donations;
- profit from renting part of the property;
- other revenues that are not contrary to the legislation of the Russian Federation.
A unitary enterprise can do anything with property. But it can sell it only with the approval of the owner.
Real estate transactions
Real estate transactions, the price of which exceeds 150 million rubles, are carried out by the Federal Agency for State Property Management. They are carried out with the approval of the Government of the Russian Federation.
All actions with the property are held at auction. Its organizer is a company or an individual who has signed a contract with a unitary enterprise.
All proceeds from the sale of property, net of costs to sell (they cannot be higher than three percent of the value of the property at the book price), the company must transfer to the budget of the Russian Federation within 25 days from the receipt of payment.
Finance of state enterprises
Form FSUE implies a feature of financial management. There are several methods for creating sources of revenue.
The finances of unitary enterprises are significantly different in creating authorized capital, generating and using profit. They are also distinguished by ways of attracting borrowed resources.
Authorized capital is a means formed with the help of fixed and circulating resources. The amount of capital is recorded in the balance sheet of a unitary enterprise at the date of signing of the charter.
The value of the authorized capital of the enterprise must be at least 5 thousand minimum wages, which is valid at the time of state registration of the organization.
The functions of the authorized capital of a unitary enterprise coincide with those of commercial companies. In addition, the authorized capital acts as the financial foundation for the implementation of economic activity, as an indicator of its feasibility.
A significant source of creating funds FSUE is profit. It is generated like the income of commercial enterprises. But the Budget Code of the Russian Federation stipulates that the profit of the FSUE acts as a source of non-tax revenues that go to the budget.
Unitary enterprises have the right to use targeted budget sources of financing. Funds coming from the budgets go to the implementation of some social programs. This financing is carried out under the guise of subventions, subsidies and subsidies.
Subventions are budgetary resources that go to the Federal State Unitary Enterprise for free.
Subsidies are resources from the budget allocated on the basis of shared financing of costs for the implementation of various programs to improve the work of FSUE.
Unitary organizations can also attract borrowed resources. However, the peculiarity of their legal form - obtaining borrowed funds is a complex process. A unitary enterprise cannot just get a loan for its real estate. FSUE management can receive loans from the owner from the budget, which will need to be repaid.
The legislation describes a unitary enterprise as a property complex, which is used to make a profit.
The Civil Code of the Russian Federation describes FSUE in this way: it is a type of commercial company that does not have ownership of the property assigned to it by the owner.