Production is the main pillar of any global economy. States that have moved away from this simple and unshakable principle, preferring to buy cheap imported goods, have actually lost independence for a long time. Of course, the basis of the foundations of any production are enterprises. These are the subjects of economic interaction acting completely independently, which are created to produce something or to provide some services to citizens or legal entities. A prerequisite is profit.
Each such entity must undergo the state registration procedure, obtain the status of a legal entity, and only after that the enterprise can participate in economic relations both within the country and abroad.
Signs of the enterprise
Like any participant in the economic process, each enterprise has a number of distinctive features by which it can be easily identified. Let's list them in more detail. Firstly, enterprises are the owners of some property that they must have in their jurisdiction. It is with this property that they provide all of their debt obligations, if any.
As an independent participant in the trade turnover, enterprises act exclusively on their own behalf, and therefore have the right to conclude any contract with other legal entities as well as with citizens. Due to its independence, such a business entity may be a defendant or plaintiff in a court of any instance.
Of course, the activities of the enterprise should be fully reflected in the detailed financial statements, which, upon first request, are submitted to the state control structures for verification. In addition, each subject necessarily has a special name, which facilitates its determination.
Classification
In general, they are divided by a whole complex of features. So, in the direction of activity of the enterprise can be divided into producing consumer goods, as well as those that produce means of production. Production itself can be either continuous or discrete (interrupted for some period).
- With regard to focus, they can be divided into specialized, combined and universal.
- By size, they can be divided into small, medium and large.
- In addition, enterprises can produce serial, piece and experimental products (the latter types most often work for the military industry);
- There are industrial, transport, trade varieties.
- There are private, collective and municipal enterprises.
Organizational Forms
At present, economic partnerships and societies, cooperatives, as well as state and municipal unitary complexes, operate on the territory of our country. Of course, the activities of the enterprise, the property at its disposal and other factors largely depend on organizational forms.
We begin consideration of the activities of enterprises with business partnerships. Among them are distinguished:
- Partnership full type.
- Limited option (on faith).
- LLC and the company with additional liability.
- OJSC and CJSC (an example of an enterprise of the latter type is almost all large domestic holdings engaged in mining).
How does the activity of all these varieties differ? Full partnership
In accordance with the contract, they are engaged in full-fledged entrepreneurial activity without any restrictions, but they can respond with all their property to emerging risks. Thus, in full partnership there is an unlimited liability in relation to all its members. The general means of the enterprise in this case do not matter. Even without being a member of the board, any member is liable with all his property. Leaving the company, he will be liable for two years for all obligations assumed at the time of joining the partnership.
Partnerships on faith
In this case, the "core" of the enterprise are all the same participants, bearing unlimited liability for all emerging risks. In addition to them, there are also commandants. In fact, these are investors. They also bear a certain responsibility, but it is limited by the size of their investments in the total capital of the enterprise. That is why such organizations are very similar to LLCs, which we will discuss below.
Ltd
This form of enterprise is organized by several persons (or one founder), and the risks are limited to the authorized capital. The size of its share is rigidly fixed by the charter of the enterprise. Accordingly, participants bear responsibility commensurate with the volume of their contributions to the authorized capital of the subject of economic activity. All work of the enterprise is strictly controlled by its founder: without a meeting of board members, not a single significant decision is made.
An additional liability company is a special kind of the previous type. It differs in that all its participants are subject to additional subsidized liability, the amount of which is a multiple of their contribution to the authorized capital. All other characteristics of this type of enterprises are completely similar to the type described above.
OJSC, CJSC
Unlike previous enterprises, the authorized capital of this business entity is expressed in shares (securities). Participants are not liable for any obligations, and the risk of losses is equal to the value of bonds purchased by them. If participants are free to own and dispose of their shareholding, the company is called open - OJSC.
To the extent established by law, such a company has the full right to distribute its shares on a free subscription basis. Accordingly, if the securities are distributed either only in the circle of the board, or under conditions extremely controlled by law, the production enterprise will be closed, ZAO. There is no subscription or open distribution of shares by subscription.
Features of the activities of CJSC and OJSC
There are some differences in their activities. Let's consider them in more detail:
- In all cases, it is these enterprises that most effectively mobilize their financial assets.
- If any problems arise, the founders risk only their securities, without risking to part with all their movable and real estate.
- The shareholders are directly and very actively involved in the management of the enterprise.
- Due to the wide possibilities of additional staff incentives, the latter is highly motivated to obtain maximum labor results.
Production cooperatives
In this case, a group of citizens voluntarily unites in a cooperative to carry out production or other activities. The contribution is personal labor participation or financial investments in the organization. All property of the cooperative is divided between its members and is expressed in equal shares. Profit is distributed in a firm dependence on direct labor participation in production or other activities. All property of the cooperative, which remains after its liquidation, is also distributed.
Unitary enterprises
Unitary enterprises - this is a form of production in which its board does not have ownership rights to production facilities. Roughly speaking, they can be compared with the tenant of the production facility, who can use machines for the production of parts, but has no right to sell or otherwise manage the equipment. Thus, the property of such enterprises cannot be divided into shares or shares. It is logical that almost all state enterprises are unitary .
In turn, they are divided into the following varieties:
- Eligible for economic management.
- Enterprises based on the principle of operational management.
With economic ownership, the board of the subject can manage the enterprise to the extent that is prescribed in the relevant laws. Approximately at the same borders, property can also be managed during operational management, but in this case both the assignment of the owner and the main focus of the enterprise as a whole are taken into account. Thus, in operational management, the owner (tenant) of a unitary enterprise has much broader powers.
However, the manager still can not sell production assets using securities, cash or cashless funds.
Trading enterprises
Standing alone is a trading company. The main occupation of such organizations is the purchase of goods from manufacturing firms. Speaking from the point of view of accounting, the maintenance of accounting documents in this case is much simpler. After all, the transformation of some types of goods into others at such enterprises does not occur. Instead of all the components that form the basis of production complexes, they operate exclusively with goods.
You can divide them into wholesale and retail varieties.
If we talk about the wholesale type, then it includes trading houses and bases, warehouses and other institutions. Wholesale enterprises can either sell goods to retailers or send them to the industrial sector. An example is intermediary firms purchasing precision instruments abroad.
Accordingly, retail enterprises are understood as ordinary stores.
How are enterprises created and liquidated?
Any organization of an enterprise should begin with state registration. From the moment of acquiring the appropriate package of documents, the subject receives the status of a legal entity. In order to be registered in this form, the applicant must submit to the registration authorities the following package of documents:
- Statement of desire to establish an enterprise. It is written by the founder (founders) in a completely arbitrary form.
- In addition, a memorandum of association will be required, in which all the nuances will be spelled out.
- The charter, which must be signed by all persons who will be on the board.
- All bank receipts and other financial documents that could confirm that the applicants have at least 50% of the estimated authorized capital.
- Receipt of payment of state duty in the amount established by law.
- In addition, you need to get a certificate from the antimonopoly committee, which must give consent to the organization of your enterprise.
What should be in the memorandum of association?
In this document, the exact and full name of the company must be indicated. It is necessary to include in the contract its location, information about the founders and the authorized capital, distribution of shares and other things.
It is necessary to introduce into the charter the organizational and legal form of the new subject of economic activity being organized, the procedure for its organization and possible liquidation, and also to duplicate all financial issues highlighted in the previous document. If the manufacturing enterprise is unitary, then many information need not be entered. This is due to the fact (as we have already said) that the owner of all the organization’s assets is a third party, and therefore the company is managed in a significantly “truncated” version.
Registration should be carried out within three days (from the moment all documents were submitted), or within thirty calendar days, which is counted from the date of the postmark on the documents sent by mail. Registration may be refused only if some of the documents you provided do not meet the official requirements laid down in the law. Attention! Any management of the enterprise, which is carried out before its official registration, is an administrative offense.
In what cases the activity of the enterprise is terminated?
- If such a decision was made by the board of the organization.
- After the expiration of the period for which the subject was created.
- Due to the fact that all the goals for the implementation of which the institution was created were fulfilled. For example, financial enterprises created to collect assistance to victims of the disaster.
- In court, if it is proved that the registration of an institution is unlawful or if any gross violations are revealed in previously submitted documents.
- Again, in a judicial proceeding, if facts of illegal and illegal activities carried out under the guise of a manufacturing enterprise are proved.
- If the institution is declared bankrupt in the manner prescribed by law.
- In addition, catering facilities are very often closed due to inconsistency of product quality with existing regulations in the state.
A very important point is the provision to the Federal Tax Service of information about the closure of the enterprise, as well as information about closing the current account. In general, you should interact with this service as closely as possible at any stage, since fines are provided for virtually any deviation from the accepted order.
Thus, enterprises are strictly organized structures that obey many rules and laws.