Enterprises are The activity of an enterprise. Trading company

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Production is the main pillar of any global economy. States that have departed from this simplest and unshakable principle, preferring to buy cheap imported goods, have in fact lost their independence long ago. Of course, the basis of the foundations of any production are enterprises. These are absolutely independent subjects of economic interaction, which are created to produce something or to provide some services to citizens or legal entities. A prerequisite is making a profit.

Each such entity must go through the state registration procedure, obtain the status of a legal entity, and only after that the enterprise can participate in economic relations both within the country and abroad.

Enterprise signs

Like any membereconomic process, each enterprise has a number of distinctive features by which it can be easily identified. Let's list them in more detail. Firstly, enterprises are the owners of some property, which must be under their control. It is with this property that they secure all their debt obligations, if any arise.

As an independent participant in the trade turnover, enterprises act solely on their own behalf, and therefore have the right to conclude any contract both with other legal entities and with citizens. Due to its independence, such an economic entity can be a defendant or a plaintiff in a court of any instance.

Of course, the activities of the enterprise must be fully reflected in the detailed financial statements, upon request provided for verification by state regulatory structures. In addition, each subject must have a special name that makes it easier to identify.

Classification

In general, they are divided according to a whole range of features. So, according to the direction of activity, enterprises can be divided into those that produce consumer goods, as well as those that produce means of production. The production itself can be both continuous and discrete (interrupted for some period).

• As for the focus, they can be divided into specialized, combined and universal.
• By size, they can be divided into small, medium andlarge.
• In addition, enterprises can produce serial, piece and experimental products (the latter types most often work for the military industry);
• There are industrial, transport, trade varieties.
• There are private, collective and municipal enterprises.

Organization forms

Currently, economic partnerships and societies, cooperatives, as well as state and municipal unitary complexes operate in our country. Of course, the activities of the enterprise, the property at its disposal and other factors largely depend on organizational forms.

Let's start considering the activities of enterprises with business partnerships. Among them are distinguished:

• Full partnership.
• Commandite option (on faith).
• LLC and additional liability company.
• OJSC and CJSC (an example of an enterprise of the latter type is almost all large domestic holdings engaged in mining).

How does the activity of all these varieties differ? General partnership

In accordance with the contract, they are engaged in full-fledged entrepreneurial activities without any restrictions, but they can answer for emerging risks with all their property. Thus, in a full partnership there is unlimited liability in relation to all its members. The general funds of the enterprise in this case do not matter. Even without being a member of the board, any member is responsiblewith all your property. Leaving the enterprise, he will be responsible for all obligations assumed at the time of joining the partnership for two years.

Fellowships in faith

In this case, the "core" of the enterprise are all the same participants, bearing unlimited liability for all emerging risks. In addition to them, there are also commandists. In fact, they are contributors. They also have some responsibility, but it is limited to the size of their investments in the general capital of the enterprise. That is why such organizations are in many ways similar to LLCs, which we will discuss below.

OOO

This form of enterprise is organized by several persons (or one founder), and the risks are limited to the authorized capital. The size of its share is rigidly fixed by the charter of the enterprise. Accordingly, participants are liable in proportion to the volume of their contributions to the authorized capital of an economic entity. All work of the enterprise is strictly controlled by its founder: not a single significant decision is made without a meeting of board members.

An additional liability company is a special variation of the previous type. It differs in that all its participants are subject to additional subsidized liability, the amount of which is a multiple of the volume of their contribution to the authorized capital. All other characteristics of this type of enterprise are completely similar to the type described above.

JSC, CJSC

Unlike previous enterprises, the authorized capital of this entitymanagement is expressed in shares (securities). For some obligations, its participants are not liable, and the risk of loss is equal to the value of the bonds they purchased. If the participants can freely own and dispose of their block of shares, the company is called open - OJSC.

Within the limits prescribed by law, such a company has every right to distribute its shares on a free subscription basis. Accordingly, if the securities are distributed either only within the circle of management, or on conditions that are extremely controlled by law, the manufacturing enterprise will be closed, CJSC. There is no subscription or open distribution of shares by subscription.

Features of CJSC and OJSC activities

There are some differences in their activities. Let's take a closer look at them:

• In all cases, it is these enterprises that most effectively mobilize their financial assets.
• If any problems arise, the founders risk only their securities, without risking parting with all their movable and immovable property.
• Shareholders are directly and very actively involved in the management of the enterprise.
• Due to the wide opportunities for additional incentives for staff, the latter is highly motivated to achieve maximum labor results.

Production cooperatives

In this case, a group of citizens voluntarily unites in a cooperative for the implementation of production or otheractivities. The contribution is personal labor participation or financial injections into the activities of the organization. All property of the cooperative is divided among its members and is expressed in equal shares. Profit is distributed in a firm dependence on direct labor participation in production or other activities. All the property of the cooperative, which remains after its liquidation, is also distributed.

Unitary enterprises

Unitary enterprises are a form of production in which its board does not have ownership rights to production facilities. Roughly speaking, they can be compared to a tenant of a production facility who can use machines to produce parts, but has no right to sell or otherwise dispose of the equipment. Thus, the property of such enterprises cannot be divided into shares or shares. It is logical that almost all state-owned enterprises are unitary.

In turn, they are divided into the following varieties:

• Having the right of economic management.
• Enterprises based on the principle of operational management.

With economic ownership, the board of the subject can manage the enterprise within the limits that are prescribed in the relevant laws. Approximately within the same boundaries, the disposal of property can also be carried out during operational management, but in this case, both the task of the owner and the main focus of the enterprise as a whole are taken into account. Thus, under operational management, the owner(tenant) of a unitary enterprise has much broader powers.

However, the manager still cannot sell production assets using securities, cash or non-cash funds.

Trading establishments

A trade enterprise stands apart. The main occupation of such organizations is the purchase of goods from manufacturing firms. Speaking from the point of view of accounting, the maintenance of accounting documentation in this case is much easier. After all, the transformation of some types of goods into others does not occur at such enterprises. Instead of all the components that form the basis of production complexes, they operate exclusively with goods.

You can divide them into wholesale and retail varieties.

If we talk about the wholesale type, then it includes trading houses and bases, warehouses and other institutions. Wholesalers can either sell goods to retailers or send them to the industry. An example is intermediary firms that purchase high-precision instruments from abroad.

Accordingly, retail businesses are general stores.

How are businesses created and liquidated?

Any organization of an enterprise must begin with state registration. From the moment of acquiring the corresponding package of documents, the subject receives the status of a legal entity. In order to be registered in such an incarnation, the applicant must submit the following package to the registration authoritiesdocuments:

• Declaration of the desire to establish an enterprise. Written by the founder(s) in a completely free form.
• In addition, a memorandum of association will be required, which will spell out all the nuances.
• Charter, which must be signed by all persons who will be on the board.
• All receipts from banks and other financial documents that could confirm that the applicants have at least 50% of the amount of the proposed authorized capital.
• Receipt of payment of the state fee in the amount established by law.
• In addition, you need to get a certificate from the Antimonopoly Committee, which must agree to the organization of your enterprise.

What should be in the memorandum of association?

This document must contain the exact and full name of the company. It is necessary to include in the contract its location, information about the founders and authorized capital, the distribution of equity shares, and so on.

The charter should include the organizational and legal form of the newly organized economic entity, the procedure for its organization and possible liquidation, as well as duplicate all financial issues covered in the previous document. If the manufacturing enterprise is a unitary enterprise, then many information is not required. This is due to the fact (as we have already said) that the owner of all the assets of the organization is a third party, and therefore the management of the company is carried out in a significantly "reduced"option.

Registration must be carried out within three days (from the date of submission of all documents), or up to thirty calendar days, which is counted from the date of the postmark on the documents sent by mail. Registration can be denied only if any of the documents you provide do not meet the official requirements enshrined in law. Attention! Any management of an enterprise that is carried out before its official registration is an administrative offense.

When does a business terminate?

• If such a decision was made by the board of the organization.
• After the expiration of the period for which this subject was created.
• Due to the fact that all the goals for the implementation of which the institution was created were fulfilled. For example, financial enterprises created to collect assistance to those affected by the disaster.
• In a judicial proceeding, if the illegality of the registration of the institution is proved or some gross violations are revealed in the previously submitted documents.
• Again, in court, if facts of illegal and illegal activities carried out under the guise of a manufacturing enterprise are proven.
• If the institution is declared bankrupt in the manner prescribed by law.
• In addition, catering establishments are very often closed due to non-compliance of product quality with existing state regulations.

A very important point is to provide information to the Federal Tax Service aboutclosure of the enterprise, as well as information about the closure of the current account. In general, one should interact as closely as possible with this service at any stage, since pen alties are provided for almost any deviation from the accepted procedure.

Thus, enterprises are strictly organized structures that are subject to many rules and laws.