Market development takes place according to economic laws. It is a complex hierarchical structure. It involves legal entities and individuals connected by mutual relations on a buy-sell basis. Inside this system there is a constant movement of marketable products that are produced, bought, sold, used for their own needs.
In order for the product to be born, a manufacturing company is needed. The creation of enterprises, their activities, is regulated by the legislative order. The entrepreneur, planning the formation of his production, sets himself the goal of why this mechanism is being created. The direction of production determines the legal form of ownership.
What are the forms of property ownership?
Article 8, paragraph 2 of the Constitution of the Russian Federation gives the concept of forms of use, all of which are recognized and protected by law. The main collection of legal frameworks and regulations describes property:
- private;
- state;
- municipal;
- political, trade union - of various public organizations.
The legal form of ownership in the order of differentiation gives rise to other features. For example, both private individuals and legal entities can be private owners. The management of municipal and state property is regulated by the Civil Code of the Russian Federation, as described in Articles 214, 215.
The concept of public disposal of material means
There is no such definition among legal terms. In everyday life, it is used to designate objects belonging to the state or public organizations. Using the term, they emphasize in it the lack of submission to the laws of the market, because the administrative apparatus and social objects do not participate in economic relations.
The legal form of ownership conditionally has the form:
The Civil Code of the Russian Federation in article 244 gives an idea of how common property arises, it can belong to several persons and has no connection with public property.
Private traders
There is a legal form of ownership in the form of private ownership of the company on the market. It may belong to one legal entity or family. When a corporation owns all property, it is called corporate or joint-stock to separate objects belonging to a particular person, for example, an apartment, from property owners in a limited liability company.
Based on the legal form of ownership, organizations determine the scope and direction of their activities.
Classifier Purpose
The head of any status of the enterprise will definitely need to know the details from the all-Russian classifier of legal forms in order to submit a report to the Federal Tax Service on the results of his activities.
OKOPF was developed based on Russian laws. The purpose of the directory:
- to classify;
- to systematize;
- structure;
- identify organizations.
The classifier of legal forms of ownership of enterprises is part of the regulation in the national system of standards.
Tasks of OKOPF
The leading economists of the country created a system by which:
- form information resources, which contain information about all production entities;
- solve analytical problems, provide statistical data, determine the amount of taxes, growth or decline of economic indicators by the level of management efficiency and disposal of material resources;
- analyze, make predictions for the future in the field of social and economic development;
- develop reference books to effectively regulate the economy;
- provide interdepartmental information exchange.
Under the legal form of ownership of enterprises should be understood as the assignment of property to a single entity, as well as the rational use of materials, equipment, real estate, on the basis of legal provisions and goals, because of which the structure was created and operates.
What is related to objects?
The objects of the classifier are business entities:
- commercial and non-profit companies in legal status;
- enterprises created by law, but not having the rights of legal entities;
- international organizations;
- structures not belonging to entrepreneurs.
There are various legal forms of ownership, where:
- IP - individual entrepreneur;
- LLC - a limited liability company;
- public and non-public joint-stock company - joint-stock company.
All subjects in the directory are encoded, affiliation can be determined by the order of distributed numbers:
- the first indicates the section into which the object is defined;
- the second and third designation will recognize what type the organization belongs to;
- under the third and fourth digit is the type of production form.
In the reporting documentation, you will need a code of the legal form of ownership of a legal entity, it is determined during registration of the structure, they claim that the tax rates are set on this basis.
What direction do organizations work in?
By the method of ownership of property and the direction of activity of the enterprise they are divided into:
- commercial, working for profit;
- non-profit - there is no purpose to receive income and distribute among themselves.
Merchants create farms:
- partnerships and societies;
- farming;
- production cooperatives.
The legal form of state ownership includes municipal or unitary enterprises. The organization may not belong to a legal entity, but has the right to work without such an education. An example is the district, city judicial authority.
Functions of Nonprofit Companies
A structure is being created, it has its employees who receive a salary, but they do not have the right to use the money received from outside the employees. In this form of ownership and legal management work:
- various cooperatives;
- public organizations;
- associations and unions;
- partnerships, which include property owners;
- Cossack societies;
- communities of different nationalities;
- funds;
- institutions are autonomous, religious, public.
The organization of political parties, trade unions, and social movements functions in such a scheme. They include the created initiative with territorial public self-government.
Features of joint stock companies
The Civil Code of the Russian Federation in article 96 discloses details about the legal organization and work of joint-stock companies. One name for such structures says that their share capital is based on shares. These are securities, the value of each is equal to the funds invested in the enterprise. The owner of such values is a shareholder. Participants can sell and buy their share from other members of society. The legislation does not establish a restrictive framework for these figures; they have the right to dispose of their property at their own discretion and approve local orders.
Societies are being created, both new and from existing reorganized enterprises. A group of businessmen is gathering, concluding an agreement, investing their savings in the development of production. The money raised will go to the development of production, the profits will be divided by the amount of investment by each shareholder. This will be indicated by the number of shares in the hands of the founder. Each shareholder will get as much as production shares were purchased. The cost of one paper depends on the total amount.
Such an enterprise will become a legal object after registration. Every citizen can become the founder of AO, except for officials from state bodies.
How do funds work?
There are many different foundations in the world. The purpose of creating entities belongs to charity:
- cultural;
- social;
- educational.
Funds exist from donations from a well-off and well-off population. They do not have membership, the founders do not have rights to property belonging to the organization. Each unit in such companies undertakes certain obligations for which they are not responsible to each other. Funds are managed by the board of trustees. Members of the department:
- control the legitimacy of the activity;
- get acquainted with the decisions made;
- provide execution;
- check the investment flow.
The work of this unit is public. Employees are not elected or appointed. In practice, they are taken seriously, and even volunteers are not interested in volunteers without remuneration.
Who are the unitary representatives?
The founders of companies, if they have the right to participate in all aspects of their activities, form the managerial staff, act as corporate legal entities.
The unitary type of legal form of ownership includes enterprises in which employees are not considered participants, do not have the right to membership, although they are their organizers and founders.
Activities of international organizations
In the territory of the Russian Federation, different directions and company status are working. Intergovernmental and non-governmental associations are being created. For them, there is a special legal order based on international treaties. The agreement should contain:
- developed charter;
- certain status;
- any other constituent document.
The direction of work, productivity should show international communication by the following criteria:
- structure;
- membership composition;
- financial support.
The main organizational and legal forms of ownership are subordinate to individual entrepreneurs and heads of enterprises with an agricultural direction. Their production works according to the rules that are developed for commercial firms. Similar legal provisions apply to non-entrepreneurs. These include private practitioners, persons who have opened lawyers or notaries.
Private property - legal form
The legislation of the Russian Federation allows entrepreneurship without registration of legal status. In order to record liability for tax payments to the Federal Tax Service, such organizations are required to register with this agency.
Individual entrepreneurs become full-fledged entities and are responsible for civil offenses with their property. Carrying out state registrations is provided to everyone without restrictions, if only they were adults.
It should be noted that if a debt is discovered during a check by the fiscal authority, the entrepreneur may suffer losses not only in penalties, but also in his own property. Subject to seizure of material assets, real estate, even acquired before the formation of the IP.
Citizens can do any work according to their abilities. They do not need to develop a charter or submit constituent documents, as it should be done to persons with legal status.
Types of Entrepreneurship
They do not oblige companies to be established to entrepreneurs engaged in activities in branches and representative offices. In the first case, employees work fulfilling the duties of legal entities. Representatives protect the interests of the company to which they are attached.
On the territory of the Russian Federation, structures with a mixed form of ownership operate. It happens that public authorities need private capital, a kind of merger takes place. The reasons for this may be in a different format: a private organization has affected public interests or control over the use of important resources is necessary.
The desire of the authorities is aimed more at managing the policy of the company than making a profit. The system is dual, not in favor of the private trader. Often there is pressure from government board members, which weakens production and financial responsibility. The success of the company is not compatible with violent management practices. It is widely believed that it is necessary to oblige statesmen to bear direct responsibility for production and its effective development, to take direct part in the processes will be more useful.