An organization (enterprise, firm, concern) is an independent economic entity that produces products, performs work and provides services in order to meet social needs and make a profit. As a legal entity, it meets certain criteria established by the legislation of the Russian Federation: it is responsible for its obligations, can receive bank loans, conclude contracts for the supply of necessary materials and the sale of products.

The purpose of a commercial organization is to make a profit.

To achieve this goal, organizations must:

- produce competitive products, systematically update them in accordance with demand and available production capabilities;
rational use of production resources, reduce costs and improve product quality;
- develop a strategy and tactics of the organization's behavior and adjust them in accordance with changing market conditions;
– to provide conditions for the growth of qualifications and wages personnel, create a favorable socio-psychological climate in the workforce;
- carry out flexible pricing policy in the market and perform other functions.

The tasks of the organization are determined by the interests of the owner, the amount of capital, the situation within the organization, the external environment.

In the Civil Code of the Russian Federation, the classification of organizations as legal entities is based on three main criteria:

– the right of founders in relation to legal entities or property;
- goals economic activity legal entities;
– organizational and legal form of legal entities.

Depending on what rights the founders (participants) retain in relation to legal entities or their property, legal entities can be divided into three groups:

1) legal entities in respect of which their participants have binding rights. These include: business partnerships and companies, production and consumer cooperatives;
2) legal entities, on the property of which their founders have the right of ownership or other real right. These include state and municipal unitary enterprises, including subsidiaries, as well as institutions financed by the owner;
3) legal entities in respect of which their founders (participants) do not have property rights: public and religious organizations(associations), charitable and other foundations, associations of legal entities (associations and unions).

The above classification of legal entities is of great practical importance, especially in terms of distinguishing the first group of legal entities in respect of which their participants and founders have only obligations.

According to the organizational and legal form, legal entities that are commercial organizations, in accordance with the Civil Code of the Russian Federation, are classified as follows:

- business partnerships;
- general partnership, limited partnership (partnership in limited partnership);
- business companies - limited liability companies, additional liability companies, joint-stock companies (open and closed types);
- unitary enterprises - based on the right of economic management, based on the right operational management;
– production cooperatives (artels).

Business partnerships are an association of persons, they can be created in the form of general partnerships and limited partnerships.

A general partnership is an association of two or more persons to carry out entrepreneurial activities with the aim of making a profit, the participants of which personally participate in the affairs of the partnership and each is liable for the obligations of the partnership not only with the invested capital, but also with all his property. Losses and profits are distributed in proportion to the share of each of the participants in the common property of the partnership. The memorandum of association of a general partnership contains the following provisions: names of participants, company name, location, subject of activity, contribution of each participant, nature of profit distribution, terms of operation.

According to the law, it is prohibited for one of the participants to sell their share to a new person without the consent of other members of the general partnership.

The form of a full partnership is not widespread and is applicable only to small and medium-sized organizations.

A limited partnership is an association of two or more persons for carrying out entrepreneurial activities, in which the participants (general partners) are liable for the affairs of the partnership both with their contribution and with all their property, and others (limited partners, or contributor members) respond only with their contribution.

Limited partners, unlike general partners, do not take part in entrepreneurial activities and cannot influence the decision of general partners. A limited partnership operates on the basis of a memorandum of association.

Business companies are an association of capitals, which involves the accumulation of capitals, but not the activities of investors: the management and operational management of organizations is carried out by specially created bodies. Responsibility for obligations is borne by the organization itself, the participants are exempt from the risk arising from economic activity.

There are the following types of business companies: joint-stock companies, limited and additional liability companies.

A joint stock company (JSC) is formed by issuing and placing shares, the participants (shareholders) are liable, limited to the amount that was paid for the acquisition of shares. JSC is obliged to publish reports on its activities after each fiscal year. This form of organization is currently the most common.

JSC is formed on the basis of the charter, which is developed and approved by the founders of the company. The charter determines the maximum amount for which shares can be issued (it is called the authorized capital), and their nominal value.

The authorized capital of a JSC is formed in two ways:

- through a public subscription for shares (open joint stock company - OJSC);
- through the distribution of shares among the founders (closed joint stock company - CJSC).

A share is a security that certifies participation in a JSC and allows you to receive a share of the company's profits. Shares can be various kinds: nominal and bearer; simple and privileged, etc.

JSC management bodies can have a two- and three-tier structure. The first consists of the board and the general meeting of shareholders, the second also includes the supervisory board. The General Meeting of Shareholders makes it possible to exercise the right of management of JSC members. The meeting is authorized to resolve such issues as determining the general line of development of the company, changing the charter, creating branches and subsidiaries, approving the results of activities, electing the board, etc.

The Management Board (Board of Directors) carries out day-to-day management of the company's activities, resolves all issues that are not within the competence of the general meeting. The Board is responsible for the most important management issues: transactions, accounting, organization management, financing and lending, etc.

The Supervisory Board is a body that supervises the activities of the board. A member of the Supervisory Board cannot be a member of the Management Board at the same time. The OA's articles of association may provide for certain types of transactions that require the approval of the supervisory board.

A limited liability company (LLC) is a form of organization whose members make a certain share contribution to authorized capital and have limited liability to the extent of their contributions. The shares are distributed between the founders without a public subscription and must be registered. The size of the shares is determined by the constituent documents. A member of an LLC is issued a written certificate, which is not a security and cannot be sold to another person without the permission of the company.

LLC has the following characteristic features that distinguish it from other forms and types of business entities:

1) organizations in the form of LLCs are mostly small and medium-sized, more mobile and flexible in comparison with JSCs;
2) share certificates are not securities, respectively, do not circulate on the market;
3) the structure of the LLC is the simplest, business management, transactions are carried out by one or more managers;
4) the number of participants may be limited by law;
5) LLC is not obliged to publish its articles of association, balance sheet data, etc.;
6) LLC operates on the basis of the memorandum of association and charter.

An additional liability company (ALC) is a kind of business companies. The peculiarity of the ALC is that if the company's property is insufficient to meet the needs of creditors, the ALC participants can be held liable for the company's debts with their personal property in a solidary manner. However, the amount of this liability is limited: it does not concern all property, as in a general partnership, but only part of it - the same multiple for all of the amount of contributions made (three, five, etc.).

A production cooperative (artel) is an association of citizens for joint production or economic activities. Participation of legal entities is possible in a production cooperative. The number of members must not be less than five. 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 the production cooperative and the charter.

The property owned by the cooperative is divided into shares of its members in accordance with the charter. The cooperative is not entitled to issue shares. The profit of the cooperative is distributed among its members in accordance with labor participation. The supreme governing body is the general meeting of members of the cooperative.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it. The property of a unitary enterprise is indivisible and cannot be distributed among deposits.

The charter of a unitary enterprise contains information about the subject and objectives of the activity, the size statutory fund, order and sources of its formation. Only state and municipal enterprises can be created in the form of unitary enterprises.

The property belongs to a unitary enterprise on the basis of economic management or operational management.

An organization based on the right of operational management (federal state-owned enterprise) is created by decision of the Government of the Russian Federation on the basis of property that is in federal ownership.

Organization of commercial activities

What is commerce? The ability to resell more expensive? To some extent yes, but not only that. The concept of "commerce" is much broader, deeper in content and ability to carry it out.

Commerce is a kind of commercial enterprise or business, but a noble business, that business, which is "the basis of any truly civilized market economy.

Commerce is a word of Latin origin (from Latin cornmercium - trade). However, it must be borne in mind that the term "trade" has a dual meaning: in one case it means an independent branch of the national economy (trade), in the other - trade processes aimed at the implementation of acts of sale and purchase of goods. Commercial activity is associated with the second concept of trade - trading processes for the implementation of acts of sale and purchase for the purpose of making a profit.

The Explanatory Dictionary of the Living Great Russian Language by V.I. In other words, these concepts involve the implementation of acts of sale with the intention to buy cheaper and sell more expensive. In a broad sense, commerce is often understood as any activity aimed at making a profit.

However, such a broad interpretation of commercial activity is not consistent with the previously outlined approach to commerce as trading processes for the implementation of acts of sale of goods.

Commercial activity is a narrower concept than entrepreneurship. Entrepreneurship is the organization of economic production and other activities that bring income to the entrepreneur. Entrepreneurship can mean the organization of an industrial enterprise, a rural farm, a trading enterprise, a service enterprise, a bank, a lawyer's office, a publishing house, a research institution, a cooperative, etc. Of all these types of entrepreneurial activity, only trading is purely commercial. activity. Thus, commerce should be considered as one of the forms of entrepreneurial activities. At the same time, in some types of business activities, transactions for the purchase and sale of goods, raw materials, prepared products, semi-finished products, etc. can be carried out, i.e. elements of commercial activities can be carried out in all types of business, but are not for them defining, the main.

Consequently, commercial work in trade is a vast sphere of operational and organizational activities of trade organizations and enterprises aimed at completing the processes of buying and selling goods to meet the demand of the population and make a profit.

The act of purchase and sale of goods is based on the basic formula of commodity circulation - a change in the form of value:

D - T and G - D".

It follows from this that commercial work in trade is a broader concept than a simple purchase and sale of goods, i.e., in order for the act of sale to take place, the trade entrepreneur needs to perform some operational, organizational and business operations, including the study of demand of the population and the market for the sale of goods, finding suppliers and buyers of goods, establishing rational economic relations with them, transporting goods, advertising and information work for the sale of goods, organizing trade services, etc.

Simply reselling goods for profit, or otherwise "making" money out of nothing, is essentially a speculative transaction that does not constitute a useful commercial activity (noble business). New economic conditions, the development and deepening of commodity-money relations, full self-financing and self-financing contributed to the emergence of a new type of organization of commercial relations between suppliers and buyers of goods, opened up wide scope for commercial initiative, independence and enterprise of trade workers. Without these qualities, modern conditions one cannot successfully carry out commercial work. The administrative-command methods of management that existed before led to the fact that commercial work in trade was replaced mainly by distribution functions. Numerous planned tasks descended from above. Funds were distributed in the same way. From the employees of the lower trading links, only the strict implementation of what was decided from above was required.

When organizing commercial activities in modern conditions, it is necessary to proceed from the full equality of trading partners in the supply of goods, the economic independence of suppliers and buyers, and the strict material and financial responsibility of the parties for the fulfillment of their obligations.

With the transition of enterprises to full cost accounting, self-financing and self-government, with the development of entrepreneurship and market relations fundamentally changing the principles and methods of formation of commodity resources. They are based on the transition from their centralized distribution to their free sale at stock exchanges and fairs, the development of direct economic ties with manufacturers of goods, and the increasing role of supply contracts. New principles for the formation of commodity resources radically change the nature, content and evaluation of the work of the commercial apparatus. If, under conditions of centralized administrative management, the commercial merits of a sales worker were assessed primarily by his ability to "squeeze out commodity funds", then in a market economy, the quality commercial work depends primarily on the ability to actively search for goods sold in the order of free sale, to promote by their activities the development of industrial, agricultural enterprises, cooperatives, self-employed persons, material incentives, interest in the manufacture of goods necessary for the population.

In the presence of a shortage of goods, the task of self-sufficiency of cooperative trade organizations and enterprises with commodity resources comes to the fore in the cooperative trade of consumer cooperation. An important role in this matter is assigned to the commodity resources of consumer cooperatives, formed through procurement, processing of agricultural products and raw materials, and own production of goods. Commercial workers of consumer cooperatives must intensify work to increase the commodity resources of consumer cooperatives, taking into account the natural-geographical, production and economic conditions of individual regions.

An urgent task of the commercial apparatus of cooperative trade is to involve in circulation all the surplus products of subsidiary farms, tenants, rural cooperatives, collective farms and state farms, as well as from the population engaged in individual labor activity.

In this regard, it is necessary to expand the scope contractual relations with "suppliers and manufacturers of goods, to increase the efficiency and effectiveness of supply contracts. Supply contracts should actively influence production in order to increase the output of consumer goods in every possible way, make them from cheap or alternative raw materials, form an optimal assortment of goods for retail trading network.

Important tasks of the commercial service in cooperative trade are the study and forecasting of the capacity of regional and commodity markets, the development and improvement of advertising and information activities, and the coordination of procurement work among suppliers and consumers. For this, it is necessary to widely use the progressive experience of foreign marketing, which makes it possible to successfully organize the commercial activities of enterprises in market conditions.

At the present stage, the commercial work of cooperative organizations and enterprises should contribute to the expansion of the scope of foreign economic activity using various forms of economic and financial ties (barter, clearing, settlements in hard currency, etc.). To fulfill these tasks, commercial workers need to know their economic region and its natural resources well, to realistically assess the state of industry, agriculture, production capabilities and the range of products produced on industrial enterprises.

In order to study suppliers and their capabilities, employees of commercial services should take part in the work of commodity exchanges, wholesale fairs, sales exhibitions and exhibitions-viewing samples of the best and new products, follow advertisements on radio and television, in newspapers and magazines, demand bulletins and offers, exchange notices, prospectuses, catalogues, etc. It is advisable to visit manufacturing enterprises (suppliers) to get acquainted with their production capabilities, the volume and quality of products, to take part in meetings with industry workers. Successfully carry out commercial activities in complex and multi- different conditions only well-trained highly qualified cadres of commercial workers of cooperative trade, who have undergone deep training or advanced training in the field of modern marketing, management, organization and technology of commercial work, will be able to market relations. At the head of trade enterprises of consumer cooperation, sales departments, commercial services should be qualified specialists: merchandisers-merchants, economists-managers, financiers who know commercial work well. At wholesale depots, in trade organizations and at enterprises, commercial services or departments should be created, headed by first deputy directors of enterprises or, as they are commonly called, commercial directors.

The structure of commercial services includes trade or commodity departments, departments for the study of demand or trade conditions, commercial pavilions of wholesale bases, halls of commodity samples and other trade divisions of enterprises (organizations). Increasing the level of commercial work requires constant improvement of its technology, especially the use of new management technology, automated control systems, automated workstations (AWS) of commercial workers, and computerization of commercial process management.

The task of computerization of the management processes of commercial work on wholesale purchases and wholesale of goods is very relevant.

Permanent accounting and control of wholesale purchases of goods, characterized by a large number of suppliers, tens of thousands of items of complex assortment of goods, is possible only with the help of a computer. The manual, card form of accounting for deliveries, carried out by merchandisers, is time-consuming and does not provide quick and accurate accounting for the entire set of varieties of the assortment from a large number of suppliers and for particular terms of receipt. Such a system of accounting for the fulfillment of contracts in a group assortment, as a rule, by quarters, does not ensure the adoption of prompt measures to influence suppliers who violate obligations to supply goods in a expanded assortment, leads to supply disruptions and interruptions in the receipt of goods. For these purposes, it is necessary to organize in commodity departments, halls of commodity samples, commercial pavilions of automated workstations (AWP) for the operational processing of commercial information and management of commercial processes. This ensures the automation of accounting for the supply and sale of goods according to the intra-group assortment, frees merchandisers from the routine, manual work of maintaining a card file of accounting and movement of goods, frees up time for real commercial work with suppliers and buyers, and increases the productivity of the commercial apparatus.

Forms of commercial organizations

Depending on the organizational and legal form, commercial organizations are divided into the following types:

General partnerships - organizations that have a share capital divided into shares, which are contractual associations of entrepreneurs who are liable for the obligations of the partnership with their property, and suggesting their personal participation in the affairs of the partnership;
limited partnerships (or limited partnerships) - partnerships consisting of two categories of participants: general partners who are jointly and severally liable for the obligations of the partnership, and investors (limited partners) who bear only the risk of losses associated with the activities of the partnership within the limits of the amounts of contributions made by them and not participating in the entrepreneurial activities of the partnership;
limited liability companies - organizations that have an authorized capital divided into shares, which are associations of capital and do not imply personal participation of members of the company in its affairs. Members of the company are not liable for its obligations;
companies with additional liability - business companies, the authorized capital of which is divided into shares and whose participants jointly and severally bear additional liability for the debts of the company in the amount of a multiple of the value of their contributions to the authorized capital, and also bear the risk of losses associated with the activities of the company within the limits of their contributions;
joint-stock companies (open and closed) - business companies formed by one or more persons who are not liable for the obligations of the company, but bear the risk of losses within the value of their shares. The authorized capital of a joint-stock company is divided into shares, the rights of participants to which are established in accordance with the acquired shares;
in addition to the above, commercial organizations can be created in the form of a production cooperative - an association of persons (at least five) for the joint conduct of entrepreneurial activities on the basis of their personal labor and other participation, the property of which consists of shares of members of the cooperative;
unitary enterprises - special commercial organizations.

Organizational and legal forms of organizations are determined by Chapter 4 of the Civil Code of the Russian Federation.

As noted above, the legal form determines:

How is the authorized capital formed;
goals of the organization;
features of enterprise management;
distribution of profits and a number of other points.

The following organizational and legal forms of commercial organizations are distinguished:

Partnership (general partnership and limited partnership);
company (limited liability company, additional liability company, joint-stock company);
unitary enterprise(municipal unitary enterprise and state unitary enterprise);
production cooperative.

There are the following organizational and legal forms of non-profit organizations:

consumer cooperatives;
institutions;
charitable and other foundations;
associations or unions.

Partnerships. Business partnerships and companies are commercial organizations with authorized (reserve) capital divided into shares (contributions) of founders (participants). Partnerships are associations of individuals and (or) legal entities that come together to joint activities, the property of the partnership is formed at the expense of the contributions of the participants.

A partnership can be organized as:

General partnership;
- limited partnerships (partnerships in limited partnership).

A general partnership is a partnership whose participants (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. A general partnership is created and operates on the basis of a founding agreement. All participants have equal rights in the management of the partnership, that is, any of the participants can assume obligations on behalf of the partnership, and this obligation automatically falls on all other participants, therefore, there must be a high degree of trust between general partners. A feature of a full partnership is that all partners bear full responsibility for the obligations of the partnership, which also applies to the personal property of the founders.

A limited partnership (limited partnership) assumes that, in addition to full participants (partners), it includes one or more contributors (limited partners). That is, the contributors only invest in the activities of the partnership, but do not participate in its management and bear the risk of losses on the obligations of the partnership only within the limits of their contribution. If a contributor begins to interfere in the activities of such a company, then it must be reorganized into a general partnership.

The authorized capital (share capital) of any partnership is formed from the contributions of all participants. Profit (or losses) is distributed in proportion to the share of participants in the share capital, unless otherwise provided by the constituent documents.

Society. A company is recognized as a commercial organization established by one or more persons, the authorized capital of which is divided into shares determined by the constituent documents. It follows from this that companies, unlike partnerships, involve the pooling of capital. The participants of the company are not liable for the obligations of the company and bear the risks of losses associated with its activities, within the value of the contributions made.

Society can be created in the form of:

Limited liability companies;
- companies with additional liability;
- joint stock company (open joint stock company and closed joint stock company).

Limited Liability Company (LLC). A limited liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents; participants in 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 contributions.

Thus, the authorized capital of a limited liability company is formed from the contributions of the founders, and their liability is limited to their contribution. At the same time, the number of participants in an LLC should not exceed 50 people. If the number of participants in the company exceeds this established value, then either the company within a year must either be transformed into an open joint-stock company or a production cooperative, or must reduce the number of participants, or it will be liquidated in court.

The supreme governing body of the company is the meeting of founders, which must be held at least once a year, the charter of the organization may also provide for the formation of a board of directors (supervisory board). Management of the current activities of the company is carried out by the sole executive body of the company or the sole executive body of the company and the collegial executive body of the company. Executive bodies companies are accountable to the general meeting of participants in the company and the board of directors (supervisory board) of the company.

The company's net profit is distributed according to the results of the reporting period in proportion to the contribution of each participant.

The activities of an LLC, in addition to the Civil Code of the Russian Federation, are regulated by the Law “On Limited Liability Companies”.

Additional Liability Company (ALC). An additional liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents; the participants of such a company jointly and severally bear subsidiary liability for its obligations with their property in the same for all multiples of the value of their contributions, determined by the constituent documents of the company. In case of bankruptcy of one of the participants, its liability for the obligations of the company is distributed among the other participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the constituent documents of the company. That is, in a company with additional liability, it is assumed that there is additional liability of its participants for the obligations of the company. Additional liability, as a rule, is a multiple of the contribution (for example, four times, eight times the contribution, etc.). As a rule, the largest investor or foreign partner insists on additional responsibility.

The rules of the Civil Code on a limited liability company apply to an additional liability company.

Joint-stock company. A joint-stock company is a company whose authorized capital 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, to the extent of the value of their shares.

A joint stock company can be created in the form of:

Open Joint Stock Company (OJSC);
- closed joint stock company (CJSC).

A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized as an open joint stock company. Such a joint-stock company has the right to conduct an open subscription for shares issued by it and their free sale on the terms established by law and other legal acts. An open joint stock company is obliged to annually publish for general information the annual report, balance sheet, profit and loss statement.

A joint stock company whose shares are distributed only among its founders or other predetermined circle of persons is recognized as a closed joint stock company. Such a company is not entitled to conduct an open subscription for shares issued by it or otherwise offer them for purchase to an unlimited number of persons. Shareholders of a closed joint stock company have the pre-emptive right to acquire shares sold by other shareholders of this company. The number of participants in a closed joint stock company must not exceed 50 people, otherwise it is subject to transformation into an open joint stock company within a year, and at the end of this period - liquidation by judicial procedure, if their number does not decrease to the limit established by law. In cases stipulated by the law on joint-stock companies, a closed joint-stock company may be obliged to publish to the public an annual report, a balance sheet, a profit and loss statement.

Commercial and non-profit organizations

Commercial are those that pursue profit as the main goal of their activities.

Non-profit organizations do not set as their goal the extraction of profit and its distribution among the participants.

Commercial organizations can be created in the form of:

Economic partnerships and companies;
production cooperatives;
state and municipal unitary enterprises.

Business partnerships and companies, in turn, exist in the following forms:

General partnership;
limited partnership (limited partnership);
limited liability company;
additional liability company;
joint-stock company (open and closed);
subsidiaries and affiliates.

A partnership is called a full partnership, the participants of which (general partners) are engaged in entrepreneurial activities and are liable for their property. Profits and losses of a full partnership are distributed among its participants in proportion to their shares in the total, share capital.

A limited partnership is a partnership in which, along with general partners, there are one or more contributors (limited partners) who bear the risk of loss only within the limits of the amounts they have contributed and do not take part in the entrepreneurial activities of this partnership. Limited partners receive a part of the profits of the partnership due to their share in the share capital.

In a limited liability company, its members bear the risk of loss only to the extent of the value of their contributions.

In an additional liability company, its participants are liable in the same multiple of the value of their contributions. In case of bankruptcy of one of the participants, its liability is distributed among the others in proportion to their contributions.

A joint stock company is a company whose authorized capital is divided into a certain number of shares. Shareholders bear the risk of loss only to the extent of the value of their shares.

An open joint stock company has the right to conduct an open subscription and sale of shares issued by it.

A closed joint stock company is a joint-stock company whose shares are distributed only among its founders.

A subsidiary economic company is such a company, the capital of which does not prevail in the authorized capital of the whole company. Therefore, it does not have the ability to determine the decisions of this society. The subsidiary is not liable for the debts of the parent company.

The status of a dependent company implies a situation in which the parent company has more than 20% of the voting shares of the JSC.

A production cooperative is a voluntary association of citizens for joint production or other activities based on their personal labor and the pooling of their share contributions.

A unitary enterprise is a commercial organization that does not have the right of ownership to the property assigned to it by the owner. Only state and municipal enterprises are created in the form of unitary enterprises.

Non-profit organizations may be created in the form of consumer cooperatives, public or religious organizations, charitable and other foundations.

A consumer cooperative is a voluntary association of citizens on the basis of share contributions in order to meet material and other needs. Income of consumer cooperatives from entrepreneurial activity is distributed among its members.

Public and religious organizations are voluntary associations of citizens based on their common interests to meet spiritual or other non-material needs. They are non-commercial, but can carry out entrepreneurial activities only to achieve the goals for which they were created (for example, candles, crosses, chains in churches, etc.).

Members of these organizations have no right to the property of these organizations.

The Foundation is a non-profit organization established on the basis of voluntary property contributions, which has social, charitable, cultural, educational or other goals. The Foundation may engage in entrepreneurial activities necessary to achieve the socially beneficial goals for which it was created.

Commercial and non-commercial organizations may form associations and unions.

Organization of commercial accounting

The Government of the Russian Federation approved the Rules for the organization of commercial accounting of water and wastewater, which will come into force on September 17. The authority to adopt such a document was delegated to the government back in April, with the entry into force of amendments to the legislation on water supply and sanitation. Until now, there were no special accounting rules, with the exception of a modest regulation in Federal Law No. 416-FZ “On Water Supply and Sanitation”. By Decree No. 776, the Government of the Russian Federation approved new rules for organizing commercial accounting of water, wastewater, thereby exercising its powers established by clause 2.1, part 1, art. 4 of Federal Law No. 416-FZ “On Water Supply and Sanitation” (hereinafter referred to as the Rules and the Law, respectively). The resolution also contains an instruction to the Ministry of Regional Development of Russia within three months after the publication of the Rules to prepare guidelines according to the calculation of water transferred to subscribers.

Commercial accounting of water and wastewater, that is, taking meter readings or other accounting in order to calculate the cost of providing such services, is carried out both by the subscribers themselves and by transit organizations (organizations that transport hot water, cold water, wastewater), unless otherwise provided for by an agreement with organizations providing water supply and (or) sanitation (supplying organizations).

The Rules govern relations arising from the provision of these services, to the extent that such relations are not regulated by the housing legislation of the Russian Federation, including Decree of the Government of the Russian Federation No. 354.

In accordance with the Rules, the subscriber or transit organization will submit meter readings to the supplying organization as of the 1st day and before the end of the second day of the month following the billing month, or within two business days after receiving a request to provide such information in any available way: mail, fax message, telephone message, electronic message via the Internet or using remote reading systems (telemetry systems).

If there are discrepancies in the data, an employee of the supplying organization will draw up a reconciliation report. A representative of the subscriber or transit organization who disagrees with the reconciliation will have to sign it, indicating the essence of the objections in the act or sending them in any way in writing to the supply organization. In case of refusal to sign, an appropriate mark is put in the act.

The rules provide for the verification of main meters by control (parallel) meters. If their readings differ by more than an error for at least one billing month, the person who installed the device may demand from the other party an extraordinary verification of the main meters.

With the calculation method, depending on the situation, one of four methods will be applied, for example, in the absence of meters, the method of accounting for the throughput of devices and structures used to connect to centralized water supply systems.

The rules also provide for the procedure for designing metering units, with the help of which meter readings are taken, as a result of which a project documentation metering stations by a subscriber, a transit organization (parts 4 and 6 of article 20 of the Law, clause 28 of the Rules). The indicated persons (applicants) submit to the supplying organization an application for the issuance of technical specifications containing the necessary information, for example, the volume of water consumed, etc. Ten working days from the date of receipt of the application, the supplying organization is obliged to issue technical specifications to the applicants, on the basis of which the applicants themselves or involved they develop project documentation.

Such documentation should contain:

Indication of the location of the metering unit;
- scheme of installation (connection) of the meter and other components of the metering unit to networks;
- information about the type of meter used, as well as confirming its compliance with the requirements of the legislation of the Russian Federation on ensuring the uniformity of measurements.

The supplying organization gives a written response on the approval of the documentation within ten days from the date of its submission or on the presence of comments and the need to eliminate them. The applicant may be refused approval of the documentation if it does not comply specifications or the installation scheme of the meter does not meet the requirements of the meter manufacturer.

Within 15 working days from the date of filing an application for admission of the installed metering unit to operation, it is put into operation. The application must specify the details of the applicant and the contract for connecting the metering unit, the date and time for its launch (not earlier than five and not later than 15 working days from the date of application).

After 15 working days from the date of filing the application, the metering unit is considered approved for operation if the supplying organization has not allocated its representative for the appropriate admission at the place of installation of the metering unit. In the latter case, an act is drawn up. If the subscriber did not appear for the admission of the metering station, then he is considered to be admitted to operation from the date he received the relevant act with the appendix required documents.

Installation of meters is carried out at the expense of the subscriber or transit organization.

In the event of failure of the operated metering unit, the subscriber or transit organization is obliged to immediately notify the supply organization about this and eliminate the malfunction within 60 days. The supplying organization must seal the repaired metering unit free of charge.

Financial commercial organizations

The finances of commercial enterprises are economic relations that arise in the process of formation of production assets for the production and sale of products, the formation of their own resources, the attraction of external sources of financing, their distribution and use.

Such economic relations are often called monetary or financial, they arise only when cash flows and are accompanied by the formation and use of centralized and decentralized cash funds.

The finances of commercial organizations and enterprises have the same functions as national finances - distribution and control.

Through the distribution function, the initial capital is formed, which is formed at the expense of the contributions of the founders, the creation of proportions in the distribution of income and financial resources.

The objective basis of the control function is the cost accounting for the costs of production and sale of products (performance of work and provision of services) and the formation of income and cash funds.

Finances as distributive relations provide sources of financing for the reproduction process and thus link together all phases of the reproduction process: production, exchange, consumption.

Distribution relations waste the interests of both society as a whole and individual business entities, their employees, shareholders, credit and insurance institutions.

Financial control over the activities of an economic entity is carried out by:

Through comprehensive analysis financial indicators, operational control over the course of fulfillment of financial plans, obligations to suppliers of inventory items, consumers of products, the state, banks, etc.
Tax authorities, by controlling the timeliness and completeness of payment of taxes and other obligatory payments.
Commercial banks when issuing and repaying loans and providing other banking services.

The positive financial result of the economic activity of commercial organizations and enterprises indicates the effectiveness of the applied forms and methods of managing financial resources.

Conversely, a negative result or its absence indicates shortcomings in the management of financial resources, the organization of production, and may lead to the bankruptcy of an economic entity.

The principle of economic independence cannot be realized without financial independence. Its implementation is ensured by the fact that economic entities, regardless of the form of ownership, independently determine their costs and sources of financing.

Commercial enterprises and organizations, in order to obtain additional profit, can finance short-term and long-term investments in the form of acquisition valuable papers other commercial organizations of the state, participation in the formation of the authorized capital of another business entity, keeping funds in deposit accounts of commercial banks.

The principle of self-financing. Self-financing means full payback of costs for the production and sale of products, investment in the development of production at the expense of own funds and, if necessary, bank and commercial loans.

The principle of material interest is the presence of a certain cost responsibility for the results of economic activity. In general, this principle is implemented through penalties and penalties, fines levied in case of violation of contractual obligations (terms, product quality), and redemption of bills.

The principle of providing financial reserves. Legislatively, this principle is implemented in open and closed joint-stock companies. The size of the reserve fund is regulated and cannot be less than 15% of the amount of the paid-in authorized capital, but not more than 50% of taxable profit.

Financial reserves can also be formed by economic entities of other organizations with legal forms of ownership.

It is advisable to keep funds allocated to financial reserves in deposit accounts with a bank or in other liquid form.

The organization of finances of economic entities is influenced by 2 factors:

Organizational and legal form of management;
Branch technical and economic features.

Initially, when organizing economic entities, the source of acquisition of production assets, intangible assets (IA) necessary for the implementation of economic activities is the authorized capital. It can be formed both in cash and in kind and consists of shares belonging to each founder of the enterprise.

The proceeds from the sale of GWS is the main source of financial resources of the enterprise. Its timely receipt ensures the continuity of the circulation of funds and the reproductive process. The use of proceeds characterizes the initial stage of distribution processes. It reimburses the costs of production and sale of products. It serves as a source for the formation of an amortization fund for the reproduction of fixed assets and intangible assets, payment of wages, deductions to the budget and extra-budgetary funds. The rest is the company's profit. Directions for its use The amount allocated for investment will be determined independently. A special place among the sources is occupied by equity - the difference between the amount of assets and the amount of external liabilities of the enterprise. Calculated based on balance data. Own capital is divided into fixed (authorized capital) and variable. The variable part depends on the financial performance of the enterprise. Due to it, reserve capital is formed (from net profit) and additional capital (as a result of the revaluation of certain items of non-current assets and at the expense of share premium).

In addition to these sources, the company uses:

Attracted funds financial assets - funds received from the placement of shares, contributions from employees, legal entities and individuals;
Borrowed funds - long-term loans from commercial banks, acquisition of fixed assets on the basis of financial leasing, funds from foreign investors, budgetary funds, etc.

Commercial organization accounts

In accordance with the law, settlements between legal entities are made in a cashless manner. Cash payments are limited. Non-cash payments are made only by banks in which entrepreneurs open corresponding accounts.

A commercial organization has the right to open one or more accounts in one or more banks:

The current account is intended for making current payments by order of the head of a commercial organization and for crediting cash receipts to its address. The current account is credited with proceeds from the sale of a business product, income from non-sales operations, the amount of loans received and other receipts. Payments to suppliers, tax and equivalent payments are made from the current account, wages to personnel and other payments are issued. Thus, money is credited to the current account (credited) and spent (paid).
Currency accounts are intended for settlements in foreign currency. Accounts are opened in any of the freely convertible currencies, with a separate account for each type of currency.
A deposit account is opened by a commercial organization that makes a deposit to the bank at the expense of temporarily free funds for a certain period and at a certain percentage per annum.
Other accounts - current, special, budget, temporary, etc.

A commercial organization has the right to open accounts in any bank at the place of state registration or in a bank outside the place of its registration, but with its consent. A set of accounts is determined by the head of a commercial organization in accordance with the accounting and financial policy and depending on the tasks to be solved.

In modern conditions, every person has to deal with bank accounts, regardless of his affiliation with banking structures. After all, without entering the account number in the payment document, it is impossible to make the most elementary, but very important payments - a fee for utilities, training, payment of a traffic police fine, etc.

Each account has a clear structure that makes logical and practical sense. To reveal this meaning, it is necessary to break the twenty-digit account into groups of numbers: AAAAA-BBB-C-DDDD-EEEEEEEE.

Each group carries specific information. The AAAAA group includes five digits that indicate that this account belongs to a certain group of bank balance accounts approved by the Bank of Russia in Regulation No. 385-P “On the Rules for Maintaining Accounting in Credit Institutions Located on the Territory of the Russian Federation”. If you understand in more detail, then the AAAAA group can be divided into two more - AAA and AA. Group AAA will display accounts of the first order, and AA - of the second.

For example, if you see that the first three digits of an account are 407, you can immediately determine that this account exists for funds from non-governmental organizations. The next two digits complement the first three and together give a second-order score. So, having seen 40701, one can understand that these are funds of non-state financial organizations of residents, 40702 - non-state commercial organizations of residents, 40703 - non-state non-profit organizations of residents.

There are a lot of bank accounts. It is easy to determine their belonging to a particular group of accounts. To do this, you need to open position 385-P, where everything is described in an accessible and understandable way.

There are three digits in the BBB group that hide the account currency code. The most common codes are 810 (Russian ruble, RUR), 840 (American dollar, USD) and 978 (euro, EUR).

Group C has only one digit, which is the check digit or "key". It is calculated on the basis of other account numbers (the calculation algorithm is described by the Bank of Russia) and exists to verify the correctness of the account entry during computer processing of information. For the layman, this figure does not carry any significant information.

The DDDD group includes four digits identifying the branch where this account is opened. The banks themselves are identified by the BIC. So if the bank does not have branches, then zeros will be in place of these four digits.

AT last group EEEEEEE seven digits, which are the front of the account. In most cases, these are serial numbers of bank accounts, although a credit institution has the right to enter its own classification in these seven digits. However, there are limitations in a number of balance sheet positions. For example, for a correspondent account of a bank in a territorial office of the Central Bank of the Russian Federation, the last three digits of the front part coincide with the last three digits of the BIC of this bank, and the first four are zeros.

State commercial organization

First of all, it must be emphasized that this refers to the form of ownership characteristic of such organizations. They are established by the state, which owns the ownership of their property.

A state enterprise is a kind of commercial organization, since they are created for production and economic activities (creation of material values, provision of economic services, etc.).

At present, the number of state-owned enterprises in the sectors of industrial and construction production, transport, housing and communal services, trade, etc. decreased sharply.

This is the result of their privatization and corporatization. Accordingly, the role of the state in relation to them also changed. If earlier, when all the means of production were socialized, the state reigned supreme in the economic sphere, dictated its will to enterprises on a large scale, for example, in the form of targeted plan assignments and directives of a different kind, now the situation has changed. State enterprises have acquired a significant amount of operational and production independence, and the state itself guarantees it. Because of this, executive authorities are prohibited from interfering in the sphere of their operational activities.

However, this does not mean that the state has abstained from any organizing influence on the work of enterprises that are its property. Nevertheless, the purely administrative and legal regulation of their activities is largely replaced by civil law regulation. This is explained by the fact that state enterprises, like other commercial organizations, are legal entities.

Character traits the administrative and legal status of state enterprises can be found on the example of state unitary enterprises. In view of the absence of a federal law on them, they are currently given a predominantly civil law characteristic as legal entities of a special kind.

But even civil legislation contains a number of provisions that are directly related to the administrative and legal characteristics of unitary enterprises:

Firstly, an enterprise is recognized as a unitary enterprise, to which certain property is assigned by its owner, i.e. state. Such an enterprise can only be created as a state enterprise (if the possibility of creating unitary municipal enterprises is not taken into account).
Secondly, a unitary enterprise is created by decision of the authorized state body, which also approves the constituent document of the enterprise - its charter. The appropriate executive authority is implied. Thus, the Ministry of Railways of the Russian Federation creates, reorganizes and liquidates federal railway transport enterprises, approves their charters, etc.
Thirdly, the body of a unitary enterprise is the head appointed by the owner or a body authorized by him. The head of the enterprise is accountable both to the owner and to the specified body.
Fourthly, the head of a state unitary enterprise is endowed with a certain amount of powers of a legally authoritative nature, which are implemented within the framework of the enterprise.
Fifth, a unitary enterprise is subject to state registration with the justice authorities.

It should be added to this that it is the executive authorities that exercise control and supervision over the activities of unitary enterprises, apply various kinds of administrative and coercive means of influence in relation to them, license their activities in established cases, have the right to without fail to place certain types of state orders for the supply of products on them (for example, a state defense order).

A unitary enterprise independently carries out current and long-term planning of its production activities.

The management of a unitary enterprise (its administration) is endowed with the necessary powers to organize its work, ensure labor and state discipline. It exercises on behalf of an enterprise acting as a legal entity its civil and administrative legal personality. Administrative powers are exercised by him only in relation to the production team led by him. In relations of an external nature with executive authorities, the administration has the right: to apply to them with appropriate petitions; challenge their actions both administratively and judicially; put before them the question of the bankruptcy of the enterprise, etc. In relation to the employees of the enterprise, the administration has disciplinary power.

The administrative and legal status of such a variety of state enterprises as state enterprises is specific. They can be formed on the basis of federally owned property, and therefore are federal state-owned enterprises. The decree of the President of the Russian Federation "On the reform of state enterprises" established that state-owned enterprises are created on the basis of liquidated federal state-owned enterprises.

The Government of the Russian Federation approved the Model Charter of a state-owned plant. The state-owned plant is under the jurisdiction of the relevant federal executive body, which regulates and coordinates in the field of activity entrusted to it. He approves the individual charter of the state-owned plant, appoints its head to the post, decides on the implementation of independent production activities by the plant, i.e. gives permission for it. On this occasion, an order is issued that defines specific types of goods (works, services), the production and sale of which is covered by the permit.

The model charter defines the goals and subject of activity of the state-owned plant; its property base; bases of the organization of its activity; plant management system. The director of the plant, acting on the principles of unity of command, is appointed by the body authorized by the Government of the Russian Federation, which approves the individual charter of the state-owned plant.

In agreement with such a body, the director approves his deputies.

Reorganization and liquidation of state-owned enterprises is the competence of the Government of the Russian Federation. The production and economic activity of a state-owned plant is carried out on the basis of a plan-order. The disposal of the property of the plant is possible only with the consent of the executive authority authorized to manage the enterprise. In practice, this body carries out directive planning in relation to a state-owned plant (factory, economy).

Quite often, state-owned enterprises that have become insolvent (bankrupt) are transformed into state enterprises. As a rule, education takes place on the basis of liquidated federal state enterprises.

One more organizational form of inherently state-owned enterprises deserves attention. We are talking about some joint-stock companies (JSC). Legal basis their organization and activities is the Federal Law "On Joint Stock Companies" (as amended by the Federal Law). Unfortunately, the law does not define specific forms of state influence on the activities of such companies, which often leads, as practice shows, to various kinds of unseemly operations, in particular, the sale of state shares to non-state joint-stock companies (for example, JSC Svyazinvest). Moreover, it does not contain (however, as in the Civil Code of the Russian Federation) norms specifically devoted to joint-stock companies created by the state and, in essence, being government organizations connecting manufacturing companies. Meanwhile, it is on this basis that a number of large joint-stock companies operate in the sphere of natural monopolies - producers of oil, gas, energy resources, etc. Thus, the Government of the Russian Federation established the Russian Joint Stock Company (RAO) Gazprom and approved its charter. This RAO develops gas fields, builds gas pipelines, ensures the production of gas and gas condensate, etc. There is RAO "Unified Energy System of Russia" and others.

The following testifies to the state nature of this kind of JSC. In these and a number of other joint-stock companies, the Government of the Russian Federation ensures the representation of the interests of the state in respect of blocks of shares owned by the Russian Federation. For these purposes, it appoints its representatives (boards), through which it includes issues related to the satisfaction of state interests and needs on the agenda of the meeting of shareholders. Representatives of the Government are included in the RAO Board of Directors. They have the right to veto decisions and other rights. Obviously, all this becomes possible only in cases where the state owns a controlling stake in the JSC. This is a joint-stock company with the participation of the state.

State institutions are not inherently commercial organizations. They operate mainly in the socio-cultural sphere, and, as a rule, on the same grounds as state-owned enterprises that are not classified as state-owned. This means that they, like manufacturing enterprises, are endowed with sufficient independence; their operational activities are coordinated and controlled by the relevant executive authorities. So, the state can be educational institutions, universities, etc. In some cases, the heads of state institutions are qualified as a representative of the state in this institution (for example, the rector of a university). At the same time, such a leader can be either appointed by the relevant executive authority or elected by a team of employees of the institution. In the latter case, subsequent official approval of the voting results (often competitive) is required. Government agencies generally have a more assertive role state regulation their activities.

And again the question arises: is it possible to consider the heads of state unitary and state-owned enterprises, as well as representatives of the state in joint-stock companies, as civil servants and, accordingly, officials? According to all external signs, they fit this category of workers, but according to the spirit of the legislation on public service, they do not. This once again indicates that the very idea public service in its modern sense is very contradictory.

It is envisaged that legal status state enterprises and institutions is regulated by a special federal law. However, there is still no such legal act; many issues of their organization and activities are resolved by presidential decrees and government decrees.

Types of commercial organizations

A commercial organization is a legal entity that, after registering a company, pursues making profit as the main goal of its activities, in contrast to a non-profit organization that does not aim to make a profit and does not distribute the profit among its participants.

The main classification of commercial organizations - by types of organizational and legal forms.

A business partnership is an organization with an authorized capital divided into shares (contributions) of founders (participants). Property created at the expense of contributions of participants, as well as produced and acquired by a business partnership or company, is in its ownership.

A business partnership can be a general partnership, a limited partnership or a peasant (farm) economy:

A general partnership is a type of economic partnership, the participants of which (general partners), in accordance with the founding agreement concluded between them, are engaged in entrepreneurial activities on behalf of the partnership and bear joint and several subsidiary liability for its obligations, property belonging to them. Currently, this organizational and legal form is practically not used.
A limited partnership is a commercial organization based on share capital, in which there are two categories of members: general partners and limited partners. General partners carry out entrepreneurial activities on behalf of the partnership and are liable for the obligations of the partnership with all their property. Limited contributors are responsible only for their contribution to the development of something (business or project). Currently, this organizational and legal form is practically not used.
A peasant (farm) economy (peasant farm) is an association of citizens who jointly own property and carry out production or other economic activities. After the state registration of a peasant farm, its Head is an individual entrepreneur - a farmer. The property of the farm belongs to its members on the basis of joint ownership.

Business companies are commercial organizations with an authorized capital divided into shares (shares) of founders (participants).

Such companies can be created in the form of joint-stock companies (public and non-public) and limited liability companies:

A joint-stock company (JSC) is one of the types of business companies. A joint-stock company is a commercial organization, the authorized capital of which is divided into a certain number of shares, certifying the obligations of the company's participants (shareholders) in relation to the company. The activities of a joint stock company in the Russian Federation are regulated by the Federal Law "On Joint Stock Companies". Members 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, to the extent of the value of their shares.
Limited Liability Company (LLC) - an economic company established by one or more legal entities and / or individuals, the authorized capital of which is divided into shares; the participants of the 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 or shares in the authorized capital of the company.

A production cooperative is a commercial organization created by a voluntary association of citizens on the basis of membership for joint production and other economic activities based on their personal labor and other participation and the association of property shares by its members (participants). The charter of a production cooperative may also provide for the participation of legal entities in its activities.

Members of a cooperative bear subsidiary liability for its obligations in the manner prescribed by its Charter. The total number of members of a production cooperative cannot be less than 5. Citizens of the Russian Federation, foreign citizens, stateless persons may be members of the cooperative. A legal entity participates in the activities of the cooperative through its representative in accordance with the Charter of the cooperative. It should also be remembered that all members of a production cooperative are liable for the debts of the enterprise with their personal property.

A unitary enterprise is a special organizational and legal form of a legal entity. A commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property is indivisible and is not distributed among contributions (shares, shares), including between employees of the enterprise. In addition to the information specified in paragraph 2 of Art. 52 of the Civil Code of the Russian Federation, the legal status of state and municipal unitary enterprises is determined by the Civil Code and the law on state and municipal enterprises.

Unitary enterprises can be of three types:

Federal State Unitary Enterprise (FGUP);
State Unitary Enterprise (SUE);
Municipal Unitary Enterprise (MUP).

Economic partnership - in Russia a commercial organization created by two or more persons, in the management of which the participants of the partnership, as well as other persons, take part in the limits and to the extent that are provided for by the partnership management agreement. The partnership is considered to be created as a legal entity from the moment of its state registration. A partnership cannot be a founder (participant) of other legal entities, with the exception of unions and associations. The Partnership is not entitled to issue bonds and other issuable securities. The Partnership is not entitled to advertise its activities.

Rights of a commercial organization

As a participant in trade turnover, a commercial organization has legal capacity and legal capacity, which arise simultaneously at the time of state registration (clause 2 of article 51 of the Civil Code), and terminate at the time of its liquidation after making an entry about this in the Unified State Register of Legal Entities (clause 8 of article 63 of the Civil Code) .

The Civil Code provides for special and general (universal) legal capacity of legal entities, including trade organizations.

How general rule, in accordance with paragraph 1 of Art. 49 of the Civil Code, a legal entity may have civil rights corresponding to the objectives of the activity provided for in its constituent documents, and bear the obligations associated with this activity, i.e. has special powers. Commercial organizations, with the exception of unitary enterprises and other types of organizations, may have civil rights and obligations necessary to carry out any type of activity not prohibited by law, i.e. have general (universal) legal capacity. But it should be borne in mind that a commercial non-governmental organization can also limit its general legal capacity and turn it into a special one. To do this, it is necessary to provide specific goals in the constituent documents, establishing a list of activities that it will carry out.

State licensing of certain types of activities is also aimed at limiting the general legal capacity of commercial organizations, including trade ones.

It should be emphasized that recognition of the status of a commercial organization as a legal entity is an important legal fact and entails certain legal consequences.

Firstly, transactions concluded by a commercial organization are subject to a special regime legal regulation, based on the fact that commercial is an independent activity carried out at one's own risk, aimed at systematically making a profit from the use of property, the sale of goods (clause 1, article 2 of the Civil Code).

Secondly, recognition of the status of a commercial organization for a legal entity provides it with additional rights and imposes a number of obligations on it. For example, commercial organizations have the exclusive right to use a company name (clause 4 of article 54 of the Civil Code) or to another object of intellectual property and equivalent means of individualizing products, work performed or services (trademark, service mark).

A commercial organization exercises its legal capacity and capacity, i.e. acquires civil rights and assumes civil obligations through its governing bodies, acting in accordance with the law, other legal acts and constituent documents, which determine the procedure for their appointment or election. The bodies of a commercial organization manage its activities and act in trade on behalf of a commercial organization, i.e. their actions are recognized as the actions of the trading organization itself. The bodies of a commercial organization can be either individual (director, general director, chairman of the board, etc.) or collective (board, general meeting, etc.).

Civil rights and obligations for a commercial organization may be acquired by its representatives who are employees of this organization or persons not associated with it. labor relations acting on the basis of a power of attorney issued by the body of a trade organization. If the former include heads and deputy heads of a commercial organization, chief accountants, legal advisers, then the latter include various kinds of independent agents who conclude transactions on behalf of a trade organization and are in civil law relations with it.

So, those persons who act in its interests, but on their own behalf, are not recognized as representatives of a trade organization. As such, in paragraph 2 of Art. 182 of the Civil Code, commercial intermediaries, bankruptcy trustees, persons authorized to enter into negotiations on possible future transactions are named. They are self-employed. These include, for example, an attorney in a contract of agency. He has the right to keep the things he has, which are subject to transfer to the principal, to secure his claims under the contract of agency (clause 3 of article 972 of the Civil Code); a partner in a simple partnership agreement also applies to them (paragraph 4 of article 1044 of the Civil Code). He may demand reimbursement of expenses incurred by him at his own expense.

An important place is occupied by a commercial representative in the trade turnover. In accordance with paragraph 1 of Art. 184 of the Civil Code, a commercial representative is a person who permanently and independently represents on behalf of a trade organization when concluding contracts in the field of entrepreneurial activity. The peculiarity of a commercial representative is that he can simultaneously represent different parties in a transaction, subject to the consent of these parties or in cases expressly provided for by law (paragraph 2 of article 184 of the Civil Code). The commercial representative has the right to demand payment of the stipulated remuneration and reimbursement of the costs incurred by him in the execution of the order from the parties to the contract in equal shares, unless otherwise provided by the agreement.

As you can see, there are various types of representatives of the trade organization.

A commercial organization has the right to create separate subdivisions outside its main location in the form of representative offices or branches that are not legal entities and act on the basis of the provisions approved by it (Article 55 of the Civil Code).

Representative offices are created to represent and protect the interests of a trade organization, and branches to perform all or part of its functions, including the functions of a representative office. Heads of representative offices and branches are appointed by a trade organization and act on the basis of its power of attorney.

Trade Organization allocates property to representative offices and branches. They must be specified in its constituent documents and are included in the organizational structure of a commercial organization.

Organizational and legal commercial organizations

A legal entity is an organization that has separate property in ownership, economic management or operational management and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court.

Legal entities must have an independent balance sheet or estimate.

In connection with participation in the formation of the property of a legal entity, its founders (participants) may have rights of obligation in relation to this legal entity or real rights to its property.

The Civil Code of the Russian Federation contains a list of organizational and legal forms of organizations with the goal of creating profit:

A general partnership is a partnership whose participants (general partners) are engaged in entrepreneurial activities on behalf of the partners and are liable for the obligations of the partnership with all their property.

Peculiarities:

The number of participants is at least two full comrades. General partners can only be commercial organizations and individual entrepreneurs;
- Management is carried out by common consent of all participants, unless the memorandum of association provides for the adoption of a decision by a majority of votes. Each participant has one vote, unless a different procedure for determining the number of votes is determined by the memorandum of association.

A limited partnership is a partnership in which, along with general partners who are liable with their property, there are one or more participants-contributors (commanders) who do not take part in the implementation of entrepreneurial activities by the partnership and bear the risk of losses within the limits of their contributions.

Peculiarities:

The number of participants is at least one full partner and one contributor. Commercial organizations and individual entrepreneurs can be general partners, and all individuals and legal entities (except for state and municipal bodies) can be participants. Management is carried out by general partners;
Contributors:
- the right to receive information about the activities of the partnership and get acquainted with its documentation;
- has no right to participate in the management and conduct of business, as well as to challenge the actions of general partners.

A limited liability company (LLC) is an economic company founded by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents.

Peculiarities:

Members of an LLC are not liable for its obligations and bear the risk of losses associated with the activities of the company, to the extent of the value of their contributions;
- Participants who have made contributions not in full are jointly and severally liable for the obligations of the company within the value of the unpaid part of the contribution;
- LLC is considered to be established as a legal entity from the moment of state registration;
- It is created without a time limit, unless otherwise provided by the charter;
- The company owns separate property, recorded on its own balance sheet, can acquire and exercise property and personal non-property rights, be a plaintiff and defendant in court;
- The Company may carry out any type of activity not prohibited by federal laws, if this does not contradict the subject and goals of the activity, limited by the charter.

Additional Liability Company (ALC) - a business company that is a commercial organization, the authorized capital of which is divided into shares in accordance with the amounts determined by the constituent documents, and the participants bear subsidiary liability with their property in an amount proportional to the value of their contributions to the authorized capital of the ALC.

Peculiarities:

Participant rights:
- Participation in the management of ALC affairs;
- Participation in the distribution of ALC profits;
- Obtaining information about the activities of the ALC, familiarization with its documentation;
Member Responsibilities:
- Making contributions stipulated by the constituent documents;
- Non-disclosure of confidential information about the activities of ALCs.

Closed Joint Stock Company (CJSC) - an association of citizens and (or) legal entities for joint economic activities.

Peculiarities:

The authorized capital of a CJSC is formed only at the expense of the founders' shares.
- All CJSC participants are liable for obligations within the limits of their contributions to its authorized capital.
- Contributions (shares) can be transferred from owner to owner only with the consent of other shareholders and in the manner determined by the charter of the company.
- The property of a CJSC is formed from the contributions of shareholders, income received and other legal sources and belongs to its participants on the basis of the right of common shared ownership.
- CJSC is a legal entity, operates on the basis of a charter approved by its members, has its own name, indicating the organizational and legal form of the enterprise.
- Legal entities - participants of a CJSC retain their independence and the rights of a legal entity.
- Shareholders of a closed joint stock company have the pre-emptive right to acquire shares sold by other shareholders of this company.
- A joint stock company whose shares are distributed only among its founders or other predetermined circle of persons is recognized as a closed joint stock company. Such a company is not entitled to conduct an open subscription for shares issued by it or otherwise offer them for purchase to an unlimited number of persons.

Open Joint Stock Company (OJSC) - large companies, the minimum authorized capital of which is 100,000 rubles. This organizational and legal form is convenient for business, for which the law establishes special requirements for the authorized capital: insurance, banking, and others. OJSCs are created in the process of privatization of state-owned enterprises.

Peculiarities:

A joint stock company whose members may alienate their shares without the consent of other shareholders is recognized as an open joint stock company. Such a joint-stock company has the right to conduct an open subscription for shares issued by it and their free sale on the terms established by law and other legal acts.
- An open joint-stock company is obliged to publish annually for general information the annual report, balance sheet, profit and loss account.
- Shareholders are liable for the obligations of the company within the limits of their contribution (the block of shares they own).
- OAO. is not responsible for the property obligations of shareholders.
- The company's property is formed through the sale of shares in the form of an open subscription, income received and other legal sources. Free sale of shares is allowed on the terms established by the legislation of the Russian Federation.
- Transformation into OJSC of state and municipal enterprises, as well as enterprises in whose property the contribution of the state or bodies local government is more than 50%, is carried out by the owner or a body authorized by him, taking into account the opinion of the labor collective and in accordance with the legislation of the Russian Federation on privatization. JSC is a legal entity, operates on the basis of a charter approved by its participants, has its own name with an indication of its organizational and legal form.
- Legal entities - shareholders retain their independence and rights of a legal entity.

Production cooperatives - 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 the association of property share contributions by its members (participants).

Peculiarities:

The law and constituent documents of a production cooperative may provide for the participation of legal entities in its activities.
- The production cooperative is a commercial organization.
- 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 of the cooperative.
- The company name of the cooperative must contain its name and the words "production cooperative" or "artel".
- The legal status of production cooperatives and the rights and obligations of their members are determined in accordance with this Code by laws on production cooperatives.

State and municipal unitary enterprises - a commercial organization is recognized that is not endowed with the right of ownership of property assigned to it by the owner.

Peculiarities:

The property of a unitary enterprise is owned by the Russian Federation, a subject of the Russian Federation or a municipality.
- On behalf of the Russian Federation or a constituent entity of the Russian Federation, the rights of the owner of the property of a unitary enterprise are exercised by state authorities of the Russian Federation or state authorities of a constituent entity of the Russian Federation within their competence established by acts defining the status of these bodies.
- On behalf of the municipality, the rights of the owner of the property of a unitary enterprise are exercised by local self-government bodies within their competence established by acts defining the status of these bodies.
- The property of a unitary enterprise belongs to it on the basis of the right of economic management or on the basis of the right of operational management, is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the unitary enterprise.
- A unitary enterprise is not entitled to create another unitary enterprise as a legal entity by transferring to it a part of its property (subsidiary enterprise).
- A unitary enterprise may, on its own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court.

Business organization management

Financial management of a commercial organization is the process of creating a financial mechanism for an organization, its financial relations with other entities.

It includes the following main elements:

financial planning;
operational management;
financial control.

1. Financial planning. When developing the financial plans of a commercial organization, the planned costs for the activities carried out are compared with the available opportunities, the directions for effective capital investment are determined; identification of on-farm reserves for increasing financial resources; optimization of financial relationships with counterparties, the state, etc.; control over the financial condition of the enterprise. The need for financial planning for a commercial organization may be caused not only by an internal need effective management financial resources, but also external - the desire of creditors and investors to have information about the profitability of forthcoming investments.

A variety of methods are used to draw up financial plans and forecasts for a commercial organization:

Normative,
economic and mathematical modeling,
discounting, etc.

The normative method can be used in assessing future tax liabilities and depreciation charges. Optimization of sources of financial resources, assessment of the influence of various factors on their possible growth are carried out using the method of economic and mathematical modeling. When making long-term decisions, the discounting method is used, which provides for an assessment of the future return on investments and the impact of inflationary factors on it.

The market economy is characterized by uncertainty, so the most difficult thing in the development of financial plans and forecasts of a commercial organization is the assessment of possible risks. When managing risks, it is necessary to identify, classify, assess the size and impact on decisions made, identify possible measures to reduce risk (insurance, hedging, creating reserves, diversification). Currently, there are and are widely used standard methods for assessing the risks of various fields of activity and developing mechanisms for minimizing them.

The specifics of the financial planning of a commercial organization is the absence of any mandatory forms of financial plans and forecasts. Requirements for the composition of indicators of financial plans and forecasts can be determined by: management bodies of commercial organizations (for example, a meeting of shareholders of a joint-stock company); the body regulating the securities market and determining the composition of the information presented in the issue prospectus; credit organization. At the same time, the forms of technical substantiation of a loan application, which reflect forecast financial indicators, may differ for various credit institutions.

At present, the process of developing financial plans and forecasts, the indicators of which are determined by the goals and objectives of the development strategy of a commercial organization, is called budgeting. The basis of budgeting is the Concept of the system balanced scorecard(SSP) developed by R. Kaplan and D. Norton. As part of budgeting, “budgets” are developed in physical and monetary terms, reflecting various aspects of the activities of a commercial organization associated with the so-called cost centers.

The main budgets are:

Cash income and expenses of the organization (financial plans of enterprises have traditionally been developed in the form of a balance of income and expenses);
assets and liabilities (forecast of the balance sheet, as a rule, linked by the terms of liabilities and investments);
cash flows (under the conditions of a centrally planned economy, such financial plans were called a cash plan, which reflects cash receipts and forthcoming expenses in cash, and a payment calendar (assessment of forthcoming receipts and payments in non-cash form)).

The balance of cash income and expenses as the main financial plan of a commercial organization, as a rule, contains four sections:

1) income;
2) expenses;
3) relationship with the budget system;
4) settlements with credit institutions.

Forecasts of income and expenses, assets and liabilities, and cash flows can be contained in the business plan of a commercial organization. The business plan reflects the strategy of the organization's financial and economic activities; on its basis, creditors and investors decide to provide it with funds. The financial part of the business plan contains the following calculations: forecast of financial results; calculation of the need for additional investments and the formation of sources of financing; discounted cash flow model; calculation of the profitability threshold (break-even point).

2. Operational management. Of great importance for financial management of a commercial organization is the analysis of the execution of financial plans and forecasts. At the same time, it is not always a prerequisite that the planned financial indicators correspond to the actual ones. The identification of the causes of deviation from the planned (forecast) indicators is of the greatest importance for effective management. Data on the actual execution of financial plans are analyzed not only by special divisions of the organization, but also by the management bodies of a commercial organization.

For the adoption of operational management decisions on financial issues, it is important for the management of the organization not only to have financial plans and forecasts, but also to receive extensive information about the state of financial market, financial condition counterparties in transactions, possible changes in market conditions, tax reform. AT large organizations special analytical centers are being created to collect such information. A commercial organization can also buy such information - in particular, analytical reviews on financial markets are one of the services of modern commercial banks. Auditing firms can also provide advisory services that influence financial decision making.

Commercial organizations resort to the services of management companies and other participants in the securities market when placing financial resources in securities, placing their own securities on the market, performing cash and futures transactions in various segments of the financial market.

A credit institution, as a rule, acts as a parent company in a financial and industrial group; accordingly, the functions of managing the finances of all organizations included in this group are more concentrated in it. The parent company of the financial and industrial group optimizes financial flows between participants, manages risks, and determines the strategy for allocating financial resources of organizations belonging to the group.

3. Financial control. State financial control over commercial organizations of non-state forms of ownership is limited to issues of fulfillment of tax obligations, as well as the use of budgetary funds, if a commercial organization receives such funds as part of state assistance. Of great importance for the effective management of the finances of a commercial organization is internal financial control, as well as audit control.

On-farm financial control can be carried out by special units created in commercial organizations that carry out verification and analysis of documents. On-farm financial control also occurs in the process of approval by the head of the organization (heads of departments) of documents that draw up financial and economic transactions. Commercial organizations included in holdings, associations are checked by the parent ("parent") companies, which also have special control services in their composition.

To obtain reliable information about the financial condition of a commercial organization, to identify available reserves, its management may initiate an audit and survey. Certain types of activities, organizational and legal forms, high indicators of assets and proceeds from the sale of products (works, services), participation of foreign capital require a mandatory audit report on the reliability financial reporting commercial organization. In this way, audit checks commercial organizations can be both proactive and mandatory.

A feature of on-farm and audit control of a commercial organization is its focus on assessing the effectiveness of managerial decisions, as well as identifying reserves for the growth of financial resources.

Thus, the financial management of a commercial organization includes controls similar to other parts of the financial system, but there is a specificity of financial planning, operational management and organization of financial control.

Purpose of a commercial organization

According to the purposes of activity, legal entities are divided into:

* commercial;
* non-commercial (Article 50 of the Civil Code).

Differences between them:

* The main goal of commercial organizations is to make a profit, while non-profit organizations can engage in entrepreneurial activities only insofar as it serves to achieve the goals for which they were created and correspond to them;
* the profits of commercial organizations are divided among their participants, and the profits of non-profit organizations are used to achieve the goals for which they were created;
* commercial organizations have general legal capacity, non-commercial - special;
* commercial organizations can only be created in the form of economic partnerships and companies, production cooperatives, state and municipal unitary enterprises; and non-commercial - in the forms provided for by the Civil Code of the Russian Federation and other laws.

There are two classes of legal entities, which are divided by type of activity. These are commercial and non-profit organizations. A commercial organization is engaged in commercial activities, a market participant. The main goal is to obtain and maximize profits. After receiving the profit is distributed among the participants of the organization. A non-profit organization is engaged in non-profit activities. One of the main goals of such an organization is not related to making a profit, and if there is a profit, it is not distributed among the participants in the organization. Both types of organizations can have profits, but non-profit organizations use it for statutory purposes.

The ultimate goal of the enterprise is to maximize profits.

The main tasks of the operating enterprise:

Getting income by the owner of the enterprise;
conquering the market or part of it;
security sustainable development enterprises;
growth of business efficiency;
increase in labor productivity;
providing consumers with the company's products;
improving the quality of products;
providing the personnel of the enterprise with wages, normal working conditions and the opportunity professional growth;
creation of jobs for the population;
security environment: land, air and water basins;
prevention of failures in the work of the enterprise (disruption of delivery, production of defective products, a sharp reduction in volumes and a decrease in the profitability of production), etc.

In a market economy, the independent and separate activities of an enterprise are based on the following principles of its organization: self-sufficiency, self-management and self-financing.

A self-sustaining enterprise is an enterprise that has organized production in such a way that all the costs incurred by it to bring the raw product to the commodity are paid off in the cost of this product on the market, i.e., production costs are lower than the price at which the finished product is sold.

Self-management assumes that the enterprise independently chooses the product of production, acquires raw materials, determines the structure and technology of production, i.e., solves all organizational issues related to the activities of the enterprise (what, how and in what volumes to produce, where, to whom, and at what price to sell its products), independently manages the profits left after paying taxes and other obligatory payments.

Self-financing implies that the income received by the enterprise should not be completely consumed. Part of them should be used in the form of cash to solve the financial issues of the enterprise. That is, it is assumed that the enterprise does not just carry out production, but reproduction, and not only simple reproduction, but expanded production, i.e. production in an expanded sense.

Business organization system

According to the Unified State Register of Enterprises and Organizations, the vast majority of enterprises and organizations in the country (up to 85%) are commercial enterprises and organizations and independent legal entities.

The sources of financial resources allocated for capital investments in commercial enterprises and organizations are:

1) own financial resources;
2) borrowed funds and borrowed funds.

Own financial resources of capital investments are:

1. Profit. It is one of the important sources received by enterprises. A large part of the profit is directed to financing capital construction directly.
2. Means of special funds.

In enterprises, part of the profits is directed to the formation of special-purpose funds in enterprises:

Production Development Fund;
Fund for the Development of Science and Technology;
fund for financing capital investments;
fund social development.

The resources of these funds serve as a source of financing for capital investments. The following activities are financed at the expense of the production development fund: capital investments, technical re-equipment, reconstruction and expansion of enterprises and their workshops. The funds of the science and technology fund - to carry out research work, design work, purchase of equipment and new technology.

The source of financing of capital investments is the funds of the social development fund. Approximately half of the funds from this fund are directed to the construction of residential buildings and other social facilities.

3. An important source of financing capital investments in enterprises are depreciation charges, i.e. the monetary expression of that part of the fixed assets, which, in the process of their use, is transferred to the newly created product. When selling products (services), the enterprise forms a cash depreciation fund, which is used to finance capital investments. Depreciation deductions are becoming one of the main sources of capital investments made by commercial enterprises and organizations.

4. Funds paid by the insurance authorities in the form of compensation for losses from accidents, natural disasters. The implementation of the economic reform is currently actively developing the financing of capital investments at the expense of investors' own sources (enterprises, organizations, joint-stock companies). Previously, these sources were not significant in financing capital investments and were limited to insignificant costs for capital construction and overhaul. It seems that the further development of the economic reform in the national economy will contribute to an increase in the share of enterprises and organizations in the sources of own funds.

With a lack of own funds, enterprises attract credit resources for capital investments (credits from banks, investment funds and loans from other economic organizations). The use of a long-term loan enhances the financial responsibility of commercial organizations and enterprises for the economical and efficient use of funds allocated to finance capital investments, compliance with the deadlines for putting fixed assets into operation. Borrowed funds account for about 3% of the total volume of capital investments.

Subjects of a commercial organization

Commercial activity is a set of a number of sequentially or in parallel (simultaneously) performed operations, as well as relationships between all its participants.

Under the subjects of commercial activity understand the parties that are in business relations for the production of products, their sale and purchase and the provision of advisory services (in international trade, these parties are called counterparties).

Business participants include:

Enterprises and entrepreneurs - firms, companies, organizations, enterprises of various forms of ownership, legal entities and individuals that supply, sell and purchase a wide variety of goods and services. The business interest of this group of participants is represented by production, commerce (trade) and commercial mediation. Of course, business is, first of all, production, which forms the basis of the economy. But when the entrepreneur acquires ready-made goods and sells them to the consumer, he becomes a reseller;
Individual and collective consumers of goods (households) are citizens who sell their own goods and provide services, as well as buy goods and services necessary for life. The business interest of this group (acquisition of goods and services) is realized by establishing contacts with manufacturers and sellers of products on the basis of mutual benefit;
state and municipal bodies, institutions and organizations that produce and sell goods, securities, goods, services and act as direct participants in transactions. The business interest of this group is the implementation of nationwide programs (scientific and technical, social, scientific and production) in order to meet the needs of both the state as a whole and all its citizens;
employees who carry out labor activity hired on a contract or other basis.

In the market of goods and services, commercial activities are carried out by organizations and enterprises of various organizational and legal forms (legal entities), as well as individuals (individual entrepreneurs).

Their property may remain in the state and municipal government, be in collective, mixed and joint, as well as private ownership. Based on cash and collective ownership, individual, partnership and corporate forms of trading enterprises operating on a commercial basis arose.

Commercial activities are carried out by enterprises.

An enterprise is a special object of civil rights, a property complex created for the production, sale, organization of product consumption, performance of work and provision of services in order to meet market needs, make a profit or perform special socially significant functions (CC RF).

Firm is a general name that is used in relation to any business enterprise. It only indicates that the enterprise has the rights of a legal entity, i.e. is autonomous and independent.

Thus, a firm is an industrial, innovative, service, trading enterprise or an individual businessman enjoying the rights of a legal entity.

An individual is a citizen who has legal capacity and capacity. Legal capacity is understood as the ability of a citizen to have civil rights and obligations. Such rights are the right to own property, the right to engage in entrepreneurial activity, as well as any other activity not prohibited by law, to create enterprises, to make any legal transactions, including purchase and sale transactions, to assume appropriate obligations.

Legal capacity is understood as the ability of a citizen by his actions to acquire and exercise civil rights, create and perform civil duties, and bear responsibility for offenses committed (from the age of 18).

Individuals (citizens) are liable for their obligations with all their property, with the exception of property that cannot be levied in accordance with the law.

A legal entity is an organization that owns, manages or manages separate property and is liable for its obligations with this property. A legal entity may, on its own behalf, acquire property and non-property rights, perform duties, be a plaintiff and a defendant in court.

A legal entity is an enterprise that has a charter, a bank account, a seal and has passed the state registration procedure. When registering, its company name is indicated, which does not give an idea of ​​the nature of the enterprise's activities, but only certifies and protects its independence. The company designation is indicated in the trademark, signboard, contracts, letterheads, which determines the distinguishing feature of the trade enterprise.

A legal entity is subject to state registration, for which constituent documents are required. Such documents are: a charter (approved by the founders) or an agreement (concluded with the founder), or both.

The main features of the enterprise:

Property and non-property isolation of the main and working capital(from the property of the founders of the enterprise);
property liability of the enterprise for its actions and obligations;
organizational unity (an organized team with its internal structure, staff, governing body, which are enshrined in its constituent documents - the Charter or the Memorandum of Association);
legal status, which assigns certain rights and obligations to him and implies his state registration in accordance with applicable law;
own name (name) and its organizational and legal form, which makes it possible to judge the form of responsibility and volumes.

An enterprise is an entity that has its own charter, a bank account that has passed the registration procedure, and is entered into State Register and having the right to conduct contractual relations.

For its activities, the enterprise forms property, the sources of which are:

income from the sale of products, works, services;
capital investments;
gratuitous or charitable contributions;
donations of organizations, enterprises, citizens;
redemption of property of state enterprises through auctions, tenders and purchase of shares;
other sources not prohibited by law.

The most important characteristic of an enterprise is the degree of its economic freedom. All enterprises in the process of functioning operate within the framework of certain laws, legal norms, i.e. in system legal relations. Therefore, the enterprise is not only an economic entity, but also acts as a legal entity - the subject and object of law.

The classification of enterprises can be carried out according to various criteria.

By ownership of capital and control:

National (state, municipal);
foreign;
mixed.

By nature of property:

State;
cooperative;
private.

By scope:

Domestic (national);
international.

By legal status:

Economic partnerships and companies;
cooperatives (production, consumer);
unitary enterprises;
public and religious organizations;
associations and unions.

By type of economic activity and operations performed:

Industrial (manufacturing) enterprises;
trading;
transport;
freight forwarding (cargo escort);
insurance companies;
consulting - providing consumers with knowledge in the form of information (consultations, expertise of economic activities, etc.);
audit firms - audit financial activities firms;
advertising;
engineering - provide engineering and technical services related to design and construction;
leasing companies - involve the transfer of equipment for exclusive use for a specified period for a certain fee, followed by the purchase of the subject of the contract. The objects of leasing can be cars, Appliances, machine tools, loading and unloading machines;
licensing and patent firms;
tourist;
rental.

Property of commercial organizations

Under the property understand the totality of things and material and monetary values ​​owned by a legal or natural person. Property is divided into immovable property that cannot be moved from place to place (land plots, buildings and structures), and movable property - everything that can be moved (raw materials and materials, technical equipment, animals, etc.). Property is both things (including money and securities that can be turned into things) or their totality, and property rights of ownership.

The property of a commercial organization is fixed assets and non-current assets, inventories and other valuables, the value of which is reflected in an independent balance sheet.

The balance sheet distinguishes between tangible, intangible and financial assets.

The main share of the property of a commercial organization is tangible assets - property for production and non-production purposes, which has a material form and monetary value. This includes the means and objects of labor that form the material content of fixed assets and working capital.

Intangible assets are intellectual property that generates income (the rights to inventions, trademarks, copyright, software, etc.).

Financial assets are cash on hand, bank deposits, securities, leased property, long-term loans, etc.

The property of a commercial organization (tangible, intangible and financial assets) is formed from the following sources:

Monetary and material contributions of the founders;
income received from the sale of products, as well as other types of economic activity;
depreciation deductions;
loans from banks and other creditors;
public investments, subsidies and subsidies;
acquisition of property of another economic entity;
leasing and long-term lease;
gratuitous and charitable contributions;
other sources.

Commercial credit organizations

When the main problem is formulated as "lack of funds", the main task as a possible solution to the problem will be to obtain a loan.

But in order to attract external funding, first you need to understand from the inside and answer a few questions:

Why is money needed?
- on what period?
- what will serve as a source of debt repayment?
- How much are you willing to pay for the opportunity to use borrowed funds?
Is there any property that can serve as collateral?

These questions arise because borrowed funds, as a rule, are provided on the terms of the intended use, urgency, repayment, payment, security. A separate question will be: how urgently do you need funds? But you need to understand that you will have to pay separately for urgency. The “loan in a day” advertisement urges you to apply to a credit institution, where it turns out that the money will really be issued quickly, but at the same time the rate will be five to eight percent per month, which is 60 to 96 percent per annum (it’s easy to calculate, you just need to multiply by 12 months).

In addition, the choice of a creditor - a banking or non-banking credit institution - will depend to a large extent on the answer to the above questions.

Where and under what conditions can you get a loan? What are the specifics and differences between banking and non-banking credit organizations?

First of all, we will give a definition of the concept of "credit institution" - this is a legal entity that, in order to make a profit as the main goal of its activities, on the basis of a special permit (license) of the Central Bank of the Russian Federation (Bank of Russia) has the right to carry out banking operations.

Credit organizations are divided into two groups - banks and non-bank credit organizations.

Banks are credit organizations that have the exclusive right to carry out the following banking operations in the aggregate: attracting deposits of funds from individuals and legal entities; placement of these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency (crediting); opening and maintaining bank accounts of individuals and legal entities.

Commercial banks accumulate and mobilize money capital, mediate loans, check settlements and payments in the economy, organize the issuance and placement of securities, and provide consulting services.

Non-bank credit institutions are credit institutions that have the right to carry out certain banking operations provided for by law. The combination of these operations is established by the Bank of Russia. The specialized banking institutions operating under a license include: brokerage and dealer firms; investment and financial companies; pension funds; credit unions; mutual aid funds, pawnshops; charitable foundations; leasing and insurance companies. The main forms of activity of these institutions are reduced to the accumulation of savings of the population, the provision of loans through bonded loans to corporations and the state, the mobilization of capital through various shares, the provision of mortgage and consumer loans, as well as mutual credit.

The principles of lending - intended use, urgency, repayment, payment, security - are applied in the most complete version in the bank. Bank loans in rare cases are untargeted, unsecured. The bank neglects these two principles with relatively small volumes of loans provided to reliable borrowers who have confirmed the quality of their credit history. Urgency, repayment and payment are the unshakable principles of a banking credit organization.

Non-bank credit organizations (NCOs) have their advantages, despite the limited list of permitted transactions (half less than for a bank), NCOs still have the opportunity to provide a fairly wide range of services to their clients. NPOs are quite stable precisely because of the limited list of services provided, they are not exposed to most banking risks. According to the legislation, NBCOs have the right to place attracted funds of clients using banking instruments with a zero risk coefficient, including providing loans to complete settlements on completed transactions, in the manner established by the Central Bank of the Russian Federation. Banks, in turn, place attracted funds of clients on their own behalf and at their own expense using various banking instruments.

So, a fairly wide list of NCOs: brokerage and dealer firms; investment and financial companies; pension funds; credit unions; mutual aid funds, pawnshops, credit cooperatives; charitable foundations; leasing and insurance companies. Where can you borrow money? And on what terms?

Brokerage and dealer firms are professional participants in the securities market. In this option, lending consists in providing "leverage". If you are an investor on a stock or currency exchange, for example, in proportion to the funds you have invested, the broker can provide "leverage" - a loan with which you will increase the volume of the transaction and, accordingly, the possible profit from the transaction.

Investment and financial companies work with investors, place attracted funds in mutual funds (UIFs). Investment (financial companies) carry out dealer (purchase and sale of securities) and brokerage (placement of securities) activities in the securities market.

Pension funds are limited by the current legislation regarding the placement of funds. The funds of pension funds are invested in conservative and reliable instruments; neither loans to private businesses nor loans to individuals are directly provided at the expense of pension funds.

A credit union is an association of several individuals, small groups of borrowers who are grouped according to some professional or territorial basis in order to provide a short-term consumer loan. The credit union as a source of funds uses the payment of shares by participants, membership fees, attracted deposits. A credit union issues loans, makes loans to its members, and carries out trading and intermediary operations. Credit unions have the opportunity to issue not only commodity, but also business loans.

Mutual Aid Funds is a public credit institution established on a voluntary basis. It is formed from the entrance and monthly fees of the participants, kept on current bank accounts. Issues interest-free loans for a period of several months. Mutual aid funds were especially popular during the Soviet period. Today, such cash desks can be found on the Internet - in social networks and services. electronic money.

The pawnshop issues loans for a short period of time secured by movable property. Various property is accepted as collateral (precious metals, expensive equipment, video-audio equipment, vehicles), that is, something that has financial value, is liquid, is in demand, something that will not be difficult to sell in case of a loan default. Securities are not accepted at the pawnshop. The property is valued at approximately fifty percent of the market price. The interest rates of a pawnshop are slightly higher than those of a bank.

Advantages of a pawnshop over a bank: a simplified procedure for obtaining money, the speed of granting a loan is maximum (the ability to receive money "here and now"), no pledge agreement is drawn up, but a pledge ticket is issued confirming the issuance of a loan and the transfer of property as collateral, there is no need to submit documents confirming income.

Credit cooperatives provide loans to participants, including at the expense of attracted funds of shareholders or at the expense of a loan received from a bank. The advantages of obtaining a loan from a credit cooperative are various types of loans adapted to the needs of shareholders, flexible payment schemes, quick consideration of applications, convenient methods of collateral, no need for the borrower to provide the bank with a complete package of documents and collateral, the disadvantage is a higher interest rate compared to a bank loan (the rate depends on the cost of funds raised, adjusted for margin, since the cooperative is not a charitable organization).

Charitable foundations and organizations provide material assistance and free services to various categories of organizations and citizens, among which there is a significant proportion of socially defenseless categories of the population.

Leasing companies provide their customers with the use of the necessary property, gradually paying for it. Leasing is a kind of lease of property. The lessee can be both an individual and a legal entity. Leasing allows you to save on property tax if the subject of leasing remains on the balance sheet of the lessor. Exist various schemes leasing. Leasing is sometimes a way out of a situation when it is necessary to expand the fleet of equipment, renew the fixed assets of the enterprise, there are not enough own funds, a bank loan is not available or inconvenient for certain reasons.

Insurance companies as non-bank credit institutions from a financial point of view - a form of expression of the insurance fund. The monetary resources of the insurance fund are a source of long-term lending to trade and industry.

As you can see, banks and non-bank credit organizations occupy certain niches in the market for resource placement - lending, satisfying the needs of consumers by providing loans on different conditions with various combinations. basic principles lending.

Finance of commercial organizations

The finances of commercial organizations and enterprises are the main link in the financial system and cover the processes associated with the creation, distribution and use of GDP in value terms. They function in the field of material reproduction, where the national income and the total social product are created.

Finance of commercial organizations (enterprises) is a monetary or financial relationship that arises in the course of entrepreneurial activity, in the process of creating equity capital, trust funds of funds, their use and distribution.

According to the economic component, financial relations can be grouped in the following areas:

1. between the founders during the establishment of the organization (enterprise) - associated with the formation of authorized (share, share) and equity capital;
2. between organizations and enterprises - associated with the reproduction and further sale of products;
3. between subdivisions of enterprises (branches, departments, workshops, brigades) - on issues of financing costs, use and distribution of profits and current assets;
4. between employees and the enterprise;
5. between the parent organization and the enterprise;
6. between enterprises and commercial organizations;
7. between the financial system of the state and enterprises;
8. between the banking system and enterprises;
9. between investment institutions and enterprises.

The functions of the finance of commercial organizations (enterprises) are the same as those of national finance - control and distribution. These functions are closely interconnected.

The distribution function is the formation of start-up capital formed by the contributions of the founders, the reproduction of capital, the formation of the main proportions in the distribution of financial resources and income, which allow optimally combining the interests of individual business entities, commodity producers and the state as a whole.

The objective basis of the control function of commercial organizations (enterprises) is the maintenance of cost accounting for the costs of production and sale of products, the provision of services and the performance of work, the process of formation of funds and income.

Financial management of commercial organizations is the process of creating financial relations of an organization with other entities, its financial mechanism.

It consists of the following main elements:

1. financial planning;
2. financial control;
3. operational management.
4. Financial planning. When drawing up a financial plan for a commercial organization, they compare the planned costs of the proposed activity with their existing opportunities, determine the direction of effective investment and distribution of capital; identification of internal reserves for increasing financial resources; optimization of financial relations with the state and contractors; exercise control over the financial position of the enterprise.
5. Financial control over commercial organizations is not state form property is limited to issues of fulfillment of tax obligations and the use of budgetary funds, in cases where a commercial organization receives these funds through state aid. Essential for the management of the finances of a commercial organization are audit control, as well as on-farm finance. control.
6. A significant impact on the financial management of a commercial organization has an analysis of the implementation of financial forecasts and plans. At the same time, compliance with the actual indicators of planned financial indicators will not always be a mandatory criterion. The most significant for effective management is the clarification of the causes of deviations from the planned forecast (indicators).

Profits of a commercial organization

The profit of a commercial organization is multifaceted economic category. Legendary manager Lee Iacocca wrote: "All business transactions can ultimately be summed up in three words: people, product, profit." Profit is a form of income from the entrepreneurial activities of a commercially oriented enterprise.

Being the final net income and the key financial resource of the enterprise, profit is the most important internal source of financing for the current and long-term development of the enterprise. In profit, therefore, the principle of self-financing is embodied as the leading feature of the finances of a commercial organization.

Profit is the most important indicator of economic efficiency, an indicator of the organization's competitiveness. In contrast to the conditional value of profit in administrative economic systems profit is really significant for a commercial enterprise. Winston Churchill wittily remarked: "Socialists believe that making a profit is a sin. I believe that the real sin is to suffer losses." In market conditions, profit reflects the success of an entrepreneurial unit that consciously takes risks.

Earnings are part of equity, and successful capitalization of earnings gives investors confidence in the correct application of their capital. Alfred Sloan, an outstanding manager of the 20th century, head of the automobile corporation General Motors, wrote: "... the purpose of the enterprise is to bring a sufficiently large return on invested capital; if the profit is not large enough ... the funds should be allocated differently ".

Profit as part of equity capital ensures the financial stability of a commercial organization and is a guarantor of bankruptcy prevention; its growth has a positive effect on the expectations of investors and the decisions of creditors.

Profit, of course, is an unchanging and constantly reproducible goal of the functioning of the organization, and in a strategic perspective - a means and tool for creating and increasing its market value. At the same time, the stimulating function of the organization's finances is embodied in the pursuit of profit. Finally, profit performs an important macroeconomic function in the formation of budget revenues, which means it is a source of satisfaction of social needs.

Profit is calculated as the difference between income from the sale of goods (works, services) and the costs of their production and sale. The main source of income, as shown above, is the proceeds from the sale of goods. But the flows passing through the enterprises in transit are not the income earned by the enterprise. Therefore, VAT and excises are deducted from revenue for the purposes of determining profit.

In order to correctly determine profit, the economic legislation of each country regulates the conditions for recognizing revenue and expenses, which automatically generates an adequate definition of profit.

For example, among the conditions for recognizing revenue in the Russian Federation, the organization's right to receive it arising from contracts, registration of the transfer of ownership from the organization to the buyer (customer) and other conditions are stipulated. The list of conditions for the recognition of expenses stipulates the production of expenses in accordance with the contracts, a clear certainty of the amount of expenses, etc.

Since commercial organizations operate in different areas and industries, revenues and expenses are modified and take on other forms. So, for construction organizations, the analogue of revenue is the cost of completed construction projects, and expenses are the cost of construction; for retail and wholesale enterprises, profit is calculated as the difference between the sale and purchase cost of goods, etc.

The crisis had a negative impact on the net financial position of enterprises. Credit contraction, multiplicative decline in demand led to a drop in production and profits. At present, the situation has generally stabilized.

We mentioned above the importance of profit as an indicator of efficiency. However, it should be clarified that the best way to assess the company's success is not the absolute amount of profit, but profitability. This is the relative level of profitability per unit of any base. The use of profitability ratios in financial analysis and management accounting removes economies of scale, makes it possible to conduct comparative assessments, make forecast calculations with an emphasis on optimizing business processes.

There are many indicators of profitability, such as return on sales, return on products, return on assets, return on production assets, return on invested capital, return on working capital, return on equity, etc. Return on sales is calculated as profit from sales in relation to sales revenue and allows you to evaluate the market position of the enterprise. Product profitability is calculated as the ratio of profit from sales to cost of goods sold and helps to compare costs with results. The dynamics of the return on assets (the ratio of profit to assets) gives an idea of ​​the efficiency of the use of assets. Maximizing the return on equity (the ratio of net profit to the owners' capital) is the primary task of management to satisfy the interests of the company's owners.

Profit distribution. The distribution of profits of a commercial organization is an important microeconomic process that reflects the distribution function of finance. Operating profit, i.e. profit before interest and taxes is distributed in favor of creditors (payment of interest on loans), higher organizations and the budget (profit tax, penalties). The remaining net profit is divided into three parts: the formation of a reserve fund, accumulation and consumption. In joint-stock companies, the main form of consumption is the payment of dividends to shareholders. However, in order to create harmony and partnership in the team, it is advisable to address part of the net profit to the employees of the enterprise.

The task of financial workers is to optimize the distribution of profits and maintain a balance between the goals of development and current consumption. In joint-stock companies, an unwritten rule, called the principle of distribution of dividends, says: if an enterprise does not find investment projects for investing profits with a return not lower than the average market return on capital, then all net profit should be distributed to dividends for independent search by shareholders profitable investments.

Thus, when distributing profits, not only the tasks of maintaining internal financial stability are solved, but also the interests of creditors, the budget, and owners are ensured. This gives the distribution of profits a macroeconomic socio-economic significance.

Of particular importance for the development of the enterprise, its sustainable economic growth is the direction of profit for investment purposes. Of the total volume of financing investments in fixed capital in the whole of the Russian Federation, the share of profits accounts for about 18% of all sources of investment. In addition to profit, investment is directed to internal sources in the form of depreciation, as well as external resources - budgetary funds, bank loans, resources of non-residents, etc.

On the basis of factor analysis and on the basis of accounting, statistical, operational and management accounting data, the financial services of the enterprise develop plans to increase profits and increase profitability. These include measures to increase labor productivity, modernize production, expand the range, improve product quality, reduce labor costs and wasteful material costs, accelerate capital turnover, and restructure business processes.

So, we examined the content of the main sections of the finance of commercial organizations. In addition to income, expenses, profits, investments, financial relations include monetary relations associated with settlements. The continuity of settlements with partners - suppliers and consumers, banks, the budget and extra-budgetary funds, financial institutions is the main content of liquidity and solvency management. The main task of financial services is to harmonize cash inflows and outflows in a commercial organization, maintaining the necessary level of cash to meet short-term obligations. The situation with non-payments is a true indicator of the state of finance in the real sector. The growth of overdue accounts receivable, debts on bank loans and wages may be evidence of a crisis of non-payments and liquidity.

Capital of a commercial organization

Financial resources intended for the development of the production and trade process (purchase of raw materials, goods and other objects of labor, tools, labor, other elements of production) represent capital in its monetary form.

Capital is wealth used for its own increase. Only the investment of capital in economic activity, its investment create profit. In essence, the capital reflects the system of monetary relations, embodying the cyclical movement of financial resources - from their mobilization into centralized and decentralized funds of funds, then distribution and redistribution, and, finally, the receipt of the newly created value (or gross income) of a given commercial structure, including arrived. Thus, capital is a part of financial resources.

Structurally, capital consists of fixed and circulating capital.

The fixed capital of the enterprise is a part of the capital, which is aimed at financing the non-current assets of the enterprise.

The main capital forms:

Intangible assets,
- fixed assets
- Construction in progress,
- profitable investments in material values,
- long-term financial investments,
- Other noncurrent assets.

Intangible assets are assets that are used in the economic activities of the organization for more than 12 months, generate income, have value, but do not have a natural content (intellectual property, organizational expenses, business reputation of the organization).

Fixed assets include buildings, structures and transmission devices, machinery and equipment, production and household equipment, transport, working and productive livestock, perennial plantations, land and nature management facilities; other fixed assets.

Construction in progress refers to the costs of capital construction in progress, advance payments aimed at making capital investments, the cost of fixed assets and intangible assets that have not yet been put into operation.

Profitable investments in material assets are characterized by the residual value of property intended for rental and leasing.

Long-term financial investments are investments in companies and loans with a maturity of more than one year.

The fixed capital of an enterprise can be formed from its own and borrowed sources.

Own sources of formation of fixed capital include:

Authorized capital;
- Extra capital;
-depreciation deductions;
- net profit of the enterprise.

Own sources of financing can also include on-farm reserves - sources mobilized by an enterprise in construction when it is carried out in an economic way (independently without involving contractors).

Borrowed sources of fixed capital formation:

Bank loans (usually long-term);
- loans of business entities (as a rule, long-term), including bonded loans.

Leasing is a special form of financing capital investments. Leasing activity is a type of investment activity for the acquisition of property and its transfer to leasing.

The legal basis for leasing transactions in Russia is the Federal Law “On Financial Leasing (Leasing)”.

Leasing is a set of economic and legal relations arising in connection with the implementation of a leasing agreement, including the acquisition of a leased asset.

Leasing agreement - an agreement under which the lessor (lessor) undertakes to acquire ownership of the property specified by the lessee (lessee) from the seller specified by him and provide the lessee with this property for a fee for temporary possession and use.

The main advantages of a leasing transaction for the lessee:

Possibility of applying increasing coefficients to depreciation rates up to 3;
- for the purpose of taxation of profits, all lease payments are related to the costs associated with production and (or) sales and reduce taxable profits;
- no additional security is required;
- relative affordability compared to a long-term loan (at acceptable interest) and a bonded loan.

In the process of using the elements of fixed capital, they are depreciated.

Depreciation is the process of gradually transferring the value of fixed assets (and other depreciable property) to the cost of products produced with their help.

Depreciable property is recognized as property, results of intellectual activity and other objects of intellectual property that are owned by the taxpayer, are used by him to generate income, and the cost of which is repaid by accruing depreciation. Depreciable property is property with a useful life of more than 12 months and an initial cost of more than 10,000 rubles.

Depreciation is included in the organization's own sources of financial resources for the following reasons:

Depreciation is not withdrawn from the enterprise throughout its existence;
- accumulated depreciation deductions for the service life of equipment and other objects on which depreciation is charged, until the moment of their disposal, are temporarily free cash.

The depreciation policy of an enterprise can be characterized as a set of approaches to the organization and implementation of practical measures aimed at meeting its needs in financing the process of timely compensation for the physical and obsolescence of depreciable property.

When developing a depreciation policy, it is necessary to take into account the differences in the methods of calculating depreciation in the legislation in the field of accounting and tax accounting.

For accounting purposes, four methods of depreciation are allowed:

Linear;
- a way to reduce the balance;
- method of writing off the value in proportion to the sum of numbers of years of useful life (sum of numbers method);
- a method of writing off the cost in proportion to the volume of production (production).

With the straight-line method, the annual amount of depreciation is calculated by multiplying the initial (replacement) cost of an object by the depreciation rate calculated based on the useful life of this object.

With the method of reducing the balance, the annual amount of depreciation is calculated by multiplying the residual value of the fixed asset at the beginning of the reporting year by the depreciation rate, doubled compared to the straight-line method.

With the sum of numbers method, the annual amount of depreciation is calculated based on the initial cost of the fixed asset and the annual ratio, where the numerator is the number of years remaining until the end of the life of the facility, and the denominator is the sum of the numbers of years of the life of the facility.

It should be noted that the use of the method of reducing the balance and the method of the sum of numbers makes it possible to write off its high cost in the first years of operation of the facility and, in connection with this:

Increase domestic funding capacity;
- reduce the negative impact of inflation.

At the same time, in the first years of operation of the facility, the cost of production increases.

With the production method, depreciation charges are calculated based on their natural indicator of the volume of production in the reporting period and the ratio of the initial cost of the fixed asset item and the estimated volume of production for the entire useful life of the fixed asset item.

The production method allows you to transfer depreciation from the category of fixed to the category of variable costs, as well as more accurately take into account the degree of physical deterioration.

Modern life encourages you to strive for your own business. But working alone is not as profitable and promising as working together. Therefore, like-minded people unite in organizations to conduct business together. Moreover, for mutually beneficial work, not only individual businessmen are united, but also entire economic entities.

A commercial organization is a legal entity with characteristic features, the main purpose of which is to earn profit. The main feature of such an organization is precisely the purpose of the work - to make a profit. Although there are other features inherent in different forms of commercial structures, which will be discussed in detail in this article.

General features of commercial organizations

All private firms, regardless of form, have common features:

Receiving benefits, that is, income that exceeds expenses;

General creation system according to current laws, since a commercial organization is precisely a legal entity with all the ensuing rules;

Profits are always shared among those who own the organization;

The presence of common property, with which the company is liable for its obligations under the law;

Opportunity on their own behalf to exercise their rights, obligations, represent interests in the judiciary;

financial independence.

Forms of commercial organizations

From what tasks the ideological inspirer of creating a private firm sets himself, the form of further organization is also chosen. Features of the development of the economy and the formation of civic consciousness contributed to the emergence of many different forms of commercial organizations. They are grouped into corresponding groups according to certain characteristics. And these groups, in turn, are further divided into subgroups.

Probably, many of us very often came across such definitions as LLC, OJSC, JSC, etc., as well as partnerships, production cooperatives, farms, unitary enterprises, and so on. Each group has a specific set of rights, responsibilities and directly depends on the sectoral affiliation.

Rights are inseparable from duties

So, a commercial organization is a structure that unites both individuals (founders) and business structures. According to organizational and legal features, all commercial firms can be divided into two large groups:

Unitary enterprises (municipal or state subordination);

Corporations.

The first group is less common. It should be noted that the rights of commercial organizations of this type are very limited. This legal entity cannot dispose of the property transferred to it from the owners. And the owners, in turn, do not have corporate powers to interfere in the management of the structure. Such concepts as shares, shares, contributions, in this case are not applicable at all. That is, the appointed director or general director manages the enterprise using someone else's property. And the owners themselves can count on a certain profit. But they do not make any production decisions and in no way can affect the performance of a unitary enterprise.

The second option is more common. It is characterized by the presence of founders who have the corporate right to manage the company.

Corporations in different forms

So, corporations assume such management of a commercial organization, when the founders are endowed with broad rights and even are members of the highest management bodies of the enterprise. Corporations are divided into three main structures:

Economic companies and partnerships;

Cooperatives (exclusively production and nothing else);

Farms (they are also called peasant).

Economic companies can also be completely different. Although they have one common feature - they combine the capitals of several persons who are jointly responsible for the work of the company. Previously, there were many types of business entities. But legislators decided to combine them under three general forms. Today it is an LLC (limited opportunity company), JSC (joint stock company) and an additional liability company.

What is the difference between LLC and JSC

When a commercial organization is an LLC, then everyone who enters it as owners has a share in the authorized capital formed from the contributions of the founders. All limited liability companies have in common:

The size of the authorized capital starts from 10 thousand rubles;

The responsibility of each founder is proportional to the amount of his contribution to the main charter;

The number of participants cannot be more than 50;

The rights and obligations of the participants are prescribed in the corporate agreement and in the charter.

And when the authorized capital is divided into shares, the participants are liable for losses only in the amount of their shares, then there can be any number of such members of the enterprise. And they are called shareholders. This is the main difference between joint-stock companies (joint-stock companies). Such a commercial structure can be public or non-public. That is, shares are placed using an open or closed method. A form of management is a meeting of shareholders. It is obligatory to create a board of directors consisting of at least 5 shareholders. In an LLC, it is not necessary to create such a structure, and there is no strict rule on the number of participants in the structure.

Economic partnership and production cooperatives

A commercial organization is a structure, as we have already said, that unites like-minded people with a common goal of making a profit. If we are talking about a business partnership, then two forms of such a structure are allowed - a general partnership and a limited partnership. The second formation is distinguished only by the fact that some members of the organization - individuals, do not have the right to participate in the management of the organization, but are only contributors. They simply make a profit from the contribution for the fact that they replenished the share capital with their own funds.

Production cooperatives are not popular. With this type of commercial association, all participants must be engaged in management, and moreover, in a composition exceeding five members of the organization. They are personally liable with their own property and for the debts of their firm.

Agricultural branches of business

The name speaks for itself, that the sphere of activity of such an organization as a peasant economy is a rural industry. A farm enterprise can be created either by one owner alone or by merging with others.

Moreover, he cannot afford to join a number of such associations. Characteristic features of this form of commercial structure:

All participants must be directly involved in the affairs of the firm;

Farmers can directly be members of this structure;

There are other duties of each farmer, prescribed and enshrined in the charter;

The firm acquires its material assets, equipment and expendable materials on the joint money of each member of the economy.

State commercial organization

The state also has the right to engage in commerce, benefiting from its work. This is a unitary enterprise. This type of commercial organization is a structure that is very limited in its rights to property. Because he does not own his own equipment and premises, but only uses all this for work. A unitary enterprise allows both municipal and state subordination, but has common features. Let's list them:

Has a certain legal capacity;

Uses someone else's property only as a tenant;

Participates in civil circulation.

A unitary enterprise is headed by a director or general director. It is he who is responsible for all decisions as the sole head. Collective leadership does not exist in this form.

Commercial subsidiaries

There are also commercial legal organizations like "daughters". A subsidiary business company is not liable to the debts of the main company, but is jointly and severally responsible for all those transactions that are entrusted to it. And the main enterprise is vested with the right to entrust tasks to its subsidiaries, setting tasks for the future and current plans. The relationship between this parent structure and subsidiaries is reflected in the relevant documents, which spell out the rights and obligations of the parties. There is also such a thing as a dependent economic company. It depends on another organization having:

20% of the authorized capital of a limited liability company.

And if an enterprise acquired 20% of voting shares or began to own 20% of the authorized capital, according to the law, it must publish this information.

And what is better - IP or LLC?

For those who want to create their own business, many books have been written, lectures and seminars are held. But frequently asked question was and still is: what exactly to open - IP (individual entrepreneurship) or LLC? It is no coincidence that some stop at the first option. Because opening an IP does not require much time and large financial investments. Moreover, for beginners, it is important that fines and taxes are low. Because no one is immune from mistakes and low profitability. And reporting from IP is much simpler. In addition, managing your own money is easy and pleasant. There are also disadvantages, including:

The risk of losing IP property due to unfulfilled obligations;

IP activities are limited;

You must pay interest on Pension Fund.

An LLC has other pros and cons. Among the advantages is the absence of the risk of losing money and property if you are just one of the founders, because the organization itself is responsible for the debts, and not individual. Another plus is that the possibilities of such a solid organization are much wider. LLC can even be sold as unnecessary. And the LLC does not pay contributions to the Pension Fund if for some reason it suspends its activities. And the cons:

More complex and lengthy registration procedure;

Strict requirements for authorized capital;

Special rules for the withdrawal of earned funds;

Complex financial reporting;

High fines.

What is the form, such are the finances

Each commercial firm creates a set of financial relations that allow solving social and production issues through the use of their own funds. The finances of commercial organizations depend on their legal form. For example, the state form is more dependent on the infusion of budgetary funds. Many unitary enterprises receive government subsidies, thus minimizing the risk of bankruptcy. Whereas organizations of non-state form of ownership rely more on their own strength.

Their budget is formed, as a rule, thanks to the investments of the founders. However, commercial and non-profit organizations can count on budget injections. Although now is the time that state-owned unitary enterprises are increasingly relying on other sources of funding, as budgetary injections are reduced. Thus, the state encourages enterprises to think more about the effective use of their own capabilities, the search for new sources of income, and cost reduction. Such sources can be interest and dividends on securities, income from operations with currency and currency values, expansion of the service sector, and the introduction of competitive ideas.

Financial features by industry

The financial position of firms is largely influenced by industry affiliation. For example, financial commercial organizations, as industries with high financial risk, are required to have a sufficient financial foundation, additional cash reserves, and insurance. We are talking about credit institutions, insurance companies. Commercial firms with low profitability are considered agricultural and, oddly enough, utility and resource supply enterprises. Therefore, the law limits the ability of these firms to replenish funding sources by issuing securities. Increased tariffs for social insurance against industrial accidents and occupational diseases are also required by legislators from those industries in which there is an increased risk of getting professional "sores" and injuries - coal mining, gas, chemical and oil industries. Even the scale of the commercial firm itself is influenced by industry factors.

When organizing commercial activities, it is imperative to take into account that large-scale enterprises have machine building, shipbuilding and ship repair, metallurgical plants, in a word, almost all heavy industry. And trade and consumer services are implemented through small and medium-sized businesses, often not requiring large scale. That is, depending on the specific industry, requirements are formed for the organizational and legal form of the commercial structure and, accordingly, for its financial mechanism.

Any form, but the essence is one

Thus, the organizational forms of commercial organizations are very diverse. And this is good. Depending on the goals and objectives, on the field of activity and creative ideas, you can choose the most suitable option. And success will depend on the right choice. However, success is made up of many factors, but that's another story.

According to the Civil Code of the Russian Federation, all legal entities are divided into commercial and non-commercial. Commercial legal entities have as the main goal of their activities the extraction of profit. Non-commercial legal entities do not have the main goal of making profit and do not distribute it among the participants.

Commercial legal entities by civil law include:

1) general partnerships;

2) limited partnerships (limited partnerships);

3) limited liability companies;

4) additional liability companies;

5) joint-stock companies;

6) production cooperatives;

7) state and municipal unitary enterprises.

A general partnership is created by the participants on the basis of a memorandum of association. General partners carry out entrepreneurial activities on behalf of the partnership and bear joint and several full liability for its debts with all their property. The procedure for managing a partnership is determined by agreement of the private owners (partners). Profits and losses of a general partnership shall be distributed among its participants in proportion to their shares in the share capital, unless otherwise provided by the memorandum of association or other agreement of the participants.

In a limited partnership, general partners are liable for the obligations of the partnership with their property and participate in the entrepreneurial activities of the partnership. Along with general partners in a limited partnership there is one or more participants-contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts they have contributed and do not take part in the entrepreneurial activities of the partnership. You can be a general partner only in one general partnership or only in one limited partnership. The management of the activities of a limited partnership is carried out by general partners according to the rules of management in a general partnership.

A limited liability company (LLC) is the most common type of commercial organization. A limited liability company is a company established by one or more persons, the authorized capital of which is divided into shares of the sizes determined by the constituent documents. Participants of a limited liability company distribute profit among themselves in proportion to the shares contributed to the authorized capital. Members of an LLC are not liable for the obligations of the Company. The property liability of an LLC is limited by the size of the authorized capital. The supreme body of a limited liability company is the general meeting of its members.

An Additional Liability Company (ALC) is a company established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents. The liability of an ALC is higher than that of an LLC. For the obligations of the ALC, not only the company itself is liable in the amount of the authorized capital, but also the participants - with their property in the same multiple for all of the value of their contributions.

A joint-stock company (JSC) is a legal entity whose authorized capital is divided into a certain number of shares of equal value, certifying the obligations of the company's participants in relation to the company. A joint-stock company owns separate property, which is recorded on its independent balance sheet, can acquire and exercise property and personal non-property rights on its own behalf, be a plaintiff and defendant in court. The supreme governing body of a joint-stock company is the general meeting of shareholders. The JSC participant has the number of votes at the meeting of shareholders in proportion to the number of shares held. Profit is also distributed among the shareholders in proportion to the number of shares. There are two types of joint-stock companies: open (JSC) and closed (CJSC). In an OJSC, shares can be freely sold to participants to each other or to other persons. In a CJSC, shares cannot be sold without the consent of other shareholders, and shares are distributed only among its founders or other predetermined circle of persons. Joint stock companies whose founders are, in the cases established by federal laws, the Russian Federation, a constituent entity of the Russian Federation or a municipality, can only be open. In a company with more than 50 shareholders, a board of directors (supervisory board) is created.

A production cooperative (artel) is a voluntary association of citizens on the basis of membership for the implementation of joint production or other economic activities based on the personal participation of its members and the association of property shares by its members. 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. The property owned by the production cooperative is divided into shares of its members in accordance with the charter of the cooperative. The cooperative is not entitled to issue shares. A member of the cooperative has one vote in decision-making by the supreme management body - the general meeting of members of the cooperative.

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 among employees of the enterprise. The property of a state or municipal unitary enterprise (SUE and MUP) is, respectively, in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management. The management body of a unitary enterprise is the head, who is appointed by the owner of the property or a body authorized by the owner and is accountable to him. A unitary enterprise is liable for its obligations with all its property. A unitary enterprise shall not be liable for the obligations of the owner of its property.

2. Non-profit organizations

Non-profit organizations are called organizations that do not have as their main goal the extraction of profit and do not distribute it among the participants. They are subjects of commercial law because they can engage in trading activities to achieve their statutory objectives without the purpose of making a profit. Non-commercial legal entities include:

1) consumer cooperatives;

2) public and religious organizations (associations);

4) institutions;

5) associations of legal entities (associations and unions).

A consumer cooperative is a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of the participants, carried out by combining property shares by its members. Income received by a consumer cooperative from entrepreneurial activities carried out by the cooperative is distributed among its members. Members of a consumer cooperative jointly and severally bear subsidiary liability for its obligations within the limits of the unpaid part of the additional contribution of each of the members of the cooperative.

Foundation - a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational or other socially useful goals. The property transferred to the foundation by its founders is the property of the foundation. The founders are not liable for the obligations of the fund they have created, and the fund is not liable for the obligations of its founders. The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially useful goals for which the Foundation was created, and corresponding to these goals. In order to carry out entrepreneurial activities, foundations have the right to create business companies or participate in them.

Institutions-organizations created by the owner to carry out managerial, socio-cultural or other functions of a non-commercial nature and financed by him in whole or in part. The institution is responsible for its obligations with the funds at its disposal. In case of their insufficiency, the owner of the relevant property bears subsidiary liability for its obligations.

Associations and unions are associations of commercial and other organizations for the purpose of coordinating their business activities, as well as representing and protecting common property interests. The association (union) is not responsible for the obligations of its members. Members of an association (union) bear subsidiary liability for its obligations in the amount and in the manner prescribed by the founding documents of the association.

A commercial organization is an organization whose main activity is aimed at making a profit, which is distributed among all participants.

Commercial structures are defined in a strict organizational and legal form.

general characteristics

Each member, also referred to as the founder, has certain rights, he can:

• take part in the affairs of the organization;
• receive any information of interest to him about the activities of the enterprise;
• take part in the distribution of income;
• claim your share of the property in time.

Such organizations are characterized by the following functional features:

• the presence of own or rented property;
• pooling the capitals of participants in order to increase and grow financial profits;
• combining the knowledge and experience of the participants.

All types of commercial structures have these characteristics, with the exception of they differ significantly in their organizational base.

Their main activity is trade, namely the sale of goods and services. At the same time, they are often engaged in providing all the necessary material resources, and also carry out trade and intermediary activities. Commercial firms are not directly involved in the production of the goods themselves; entrepreneurial organizations are characterized by this function.

The main goal of a commercial organization is to make a profit.

To achieve this goal, legal entities are engaged in the production of products that meet demand, able to compete in the market for goods and services. For the same purpose, they provide their participants with favorable conditions for productive activity.

The tasks that such a legal entity sets itself. a person are determined by the amount of financial resources available and at their disposal, the interests of the owner and other factors.

Classification

According to the degree of responsibility and organizational and legal form, all commercial structures are divided into four main types, each of which, in turn, is further divided into several groups:

• Business partnerships (the authorized capital consists of the contributions of the founders, who are fully responsible for the property of the organization).
• Business companies (the authorized capital consists of contributions from the founders who do not bear full responsibility for the property).
• (association of participants on a voluntary basis).
• Unitary enterprises (created by the state, do not have the right to own property, the authorized capital is budgetary funds).

Business partnerships have a distinctive feature - all members are responsible and risk for all property that belongs to the organization.

There are two types:

• - assumes full responsibility of all members;
• – not all participants are fully responsible.

Any partnership is built on the basis of the trust of the participants, each of which risks not only their contributions. Without a trusting relationship, no such association can exist.

Participants in a business partnership bear responsibility and risk only in the amount of their personal contribution. Their types:

• limited liability company - LLC (the capital is divided into contributions of participants who do not take a personal part in the affairs);
• company with additional liability (capital consists of shares of participants who bear additional liability for the debts of the enterprise in the amount of their own contribution);
• joint-stock companies - joint-stock companies (capital consists of shares, shareholders are not responsible for property, but risk within their own shares).

Joint stock companies are currently the most popular form of existence of commercial organizations. They are open and closed:

• CJSC (JSC) distribute shares within their organization among the founders.
• OJSC (PJSC) distributes shares by means of public subscription.

For information on which organizational and legal forms are best suited for business, see the following video:

Financial resources

The creation of such organizations is carried out at the expense of funds authorized capital, which is formed from the contributions of the founders and participants.

The financial sources of commercial firms in the course of their activities are:

• Revenue from services, goods and works. Its increase is an indicator of the financial growth of the enterprise. Growth in revenue occurs as a result of an increase in the volume of products or services, as well as due to an increase in tariffs.
• Sale of property. For various reasons, an organization may sell its equipment.
• Cash savings, this includes reserve savings.
• Income not related to revenue, non-operating income, provision of funds for a certain period of time at interest. This may include interest on deposits, loans, credits, rental income, fines and penalties received as a result of joint activities with other companies.
• Income from participation in the financial market.
• Funds from the budget. For example, in the form of subsidies, investments, payment for government orders.
• Proceeds from parent companies.
• A small percentage of monetary sources are gratuitous receipts.

Most of the finance is formed by sales proceeds, and budget revenues have a relatively small percentage.

Constituent documents

Any legal entity performs its functions on the basis of constituent documents. Each type of commercial organization has its own set of documents, it depends on the legal form.

The constituent documentation contains information about the name of the enterprise, its location and the procedure for managing activities. These three components characterize and identify a legal entity.

The main documents are considered and. A limited liability company and a unitary enterprise operate on the basis of the charter, but include other types of documentation:

• certificate of state registration;
• certificate of tax registration;
• memorandum of association (agreement of participants on the creation of this company);
• agreement on the rights of founders;
• list of founders;
• protocols, decisions, orders, etc.

Joint-stock companies perform their functions on the basis of the same documents, to which the register of shareholders is added instead of the list of founders.

Particular attention is paid to the method and conditions of storage of documentation, this is paid close attention during audits. And not surprisingly, its loss deprives a legal entity of its legal capacity. An official must be responsible for the safety of documents - usually this is the general director or special substructures - the department of documentation support, for example.

Documents are stored in sealed safes and metal cabinets and are issued strictly against receipt.

The terms of storage of documentation are established by regulatory legal acts, according to which each document has its own statute of limitations. The only exceptions are some papers that should be kept forever.

The law categorically prohibits the destruction of documents with an unexpired statute of limitations, as well as the storage of those whose expiration date has already expired. This entails administrative responsibility.

Differences from non-profit organizations

There are two types of legal entities in the Russian Federation. These are commercial and. If the result of the activity of the company is not to generate income, then it is called non-profit.

While there is some similarity, these forms differ significantly in goals and objectives and not only in them. The first and most important difference is in the goals. The purpose of commercial legal entities is to make a profit and improve the livelihoods of their founders. Nonprofits act in other interests. Their tasks are associated with a socially useful good and are aimed at solving socially significant problems.

In addition to this main difference, there are a number of others:

• Income distribution. If in a commercial firm the profit is distributed among the participants, and the other part goes to the development of their own enterprise, then in a non-commercial business the situation is somewhat different. In them, finances are used to achieve the goals prescribed in the charter.
• Produced product. The end product of commercial associations is an individual product that is in demand in the market. Non-profit firms are interested in producing a product for the public good.
• Employees. Non-profit companies assume the presence in the state of persons acting on a voluntary basis.
• Financial sources. Financial receipts in non-profit structures are divided into external ( state funds) and internal (membership fees, income from deposits, etc.).
• Control. The activities of commercial firms are governed by the behavior and demand of customers. Non-profit organizations do not operate on the basis of market relations; they are focused on a socially useful product. They are between market and non-market relations.
• Rights. Commercial organizations do not have strict restrictions on their rights, they can carry out any activity permitted by law aimed at making a profit. Whereas non-profit structures act in strict accordance with the statutory goals within their framework.
• Registration authority. Commercial firms are registered with the tax authorities, and non-profit ones - with the Ministry of Justice.

All existing organizations are divided into two main groups: commercial and non-commercial. Each of the presented forms operates on the basis of the current legislation, while pursuing different goals. About what a commercial organization is, the formation of its finances and the main differences from a non-profit will be discussed in the article.

The essence of a business organization

A commercial organization (CO) is a legal entity whose main purpose is to make profit and distribute it among all participants.

In addition, the CO has features inherent in legal entities:

• the presence of separate property in ownership, economic management or operational management;
• the possibility of renting out the property;
• fulfillment of obligations on the basis of their property;
• acquisition, exercise on behalf of the property of various rights;
• appearing in court as a plaintiff or defendant.

Finance of a commercial organization

The finances of commercial organizations are the main link in the financial system. They cover most of the processes aimed at the production, distribution, use of GDP in monetary terms. There is another definition according to which the finances of enterprises are monetary or other relationships arising from the implementation of various types of entrepreneurship, as a result of the formation of personal capital, targeted funds, their use, and further redistribution.

From an economic point of view, the finances of KOs are subject to grouping between the following individuals and groups:

• founders when creating an enterprise;
• organizations and enterprises in the production, further sale of goods, works, services;
• divisions of the enterprise - when determining sources of financing;
• organization and employees;
• enterprise and parent organization;
• enterprise and CO;
• financial state system and enterprise;
• banking system and enterprise;
• investment institutions and enterprises.

At the same time, the finances of KOs have the same functions as state or municipal finances - control and distribution. Both functions are closely related.

The distribution function involves the formation of initial capital, its further distribution in such a way as to take into account the interests of all business units of the organization, producers of goods and the state.

The basis of the control function is keeping records of expenses associated with the release, sale of products, control over the formation and distribution of cash funds.

The basis of financial management of commercial organizations is a certain financial mechanism, represented by the following elements:

• financial planning is an indispensable condition for the existence of any enterprise. Planning is required not only when opening a CO, but also at the stage of the entire development. In the course of planning, the expected results and incomes are compared with investments, the capabilities of the enterprise are identified;
• financial control over organizations, the form of ownership of which is non-state, by government agencies power is exercised in terms of the fulfillment of obligations to the tax authorities, as well as in the use of funds from the state budget. This occurs when KOs receive monies in the form of state aid. Types of control - audit, on-farm;
• analysis of the implementation of forecasts and plans. It does not necessarily check the execution of plans. Such an analysis is more aimed at identifying possible causes of deviations of planned indicators from predicted values.

Modern activity classification

The Civil Code of the Russian Federation defines the following forms of KO:

• A business partnership is a CO in which the authorized capital is divided into shares between all its participants. Participants are liable for the obligations of the company with their own property;
• economic society - an organization where the authorized capital is divided into shares between the participants, but they are not liable for the obligations of the company with their property;
• production cooperative - an enterprise uniting on a voluntary basis citizens who take collective, personal, labor or other participation in activities, making share contributions;
• state or municipal unitary enterprise - an enterprise created by the state (municipal authorities). At the same time, the enterprise is not endowed with ownership rights to the property that is assigned to it.

According to Art. 50 of the Civil Code of the Russian Federation there is only a list of the above commercial organizations. Therefore, without preliminary amendments to this legal act, it will not be possible to put into circulation any other law on FGM.

What is the difference between a for-profit organization and a non-profit organization?

First, let's look briefly at the similarities between the two types of organizations.

There are not very many of them:

• both types of enterprises operate in a market environment, therefore, in the course of operation, they can act as sellers of goods, works or services, their buyers;
• each such enterprise must earn money resources, manage funds, invest them in different directions;
• The goal of every enterprise is to ensure that income fully covers current expenses. The minimum task is the ability to work without loss;
• Both organizations are required to keep accounting records.

Thus, it can be argued that the principle of operation of commercial and non-commercial organizations is identical. However, there are quite a few criteria by which they differ from each other.

difference	commercial organization	Non-profit organization
Field of activity	Created for profit	Created to achieve goals that have nothing to do with the material base
original target	Increase in own value, increase in income of all owners	Performance of the work indicated by the charter of the organization related to the provision of services without subsequent receipt of profit by persons who are members of the founders
Important line of business	Production, sale of goods, works, services	Charity
Profit distribution procedure	All profits received are subject to further distribution among the participants or are transferred for the development of the company	The concept of "profit" does not exist. Its founders operate with the definition of “target funds”, which are directed to the implementation of specific cases, while not subject to distribution among the participants
The target audience	Consumers of goods, works, services	Clients, members of the organization
Organization staff	The working personnel is accepted on the terms of civil law contracts (GPA)	In addition to employees working on the terms of the GPA, the staff includes volunteers, volunteers, and the founders themselves take part in the work
Sources of income	Own activities, equity participation in the profits of third-party companies	Funds, government, investors, business (external income), membership fees, renting out own premises, operations in the stock markets (internal income)
Organizational and legal form	LLC, JSC, PJSC, PC (production cooperative), MUP, various partnerships	Charitable or other foundation, institution, religious association, consumer cooperative, etc.
Legal capacity restrictions	Universal or general. Possess civil law, fulfill obligations, on the basis of which it is allowed to engage in any activity, if it does not contradict the current legislation	Limited legal capacity. They have only those rights that are reflected in the statutory documents
Authority registering an enterprise	Tax office	Ministry of Justice

These are the main differences between the two types of enterprises. Another nuance is bookkeeping. Non-profit organizations have much more complicated bookkeeping, so their creators have to use the services of highly qualified accountants.