FSUE is FSUE Management

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

FSUE is a federal state unitary enterprise. In other words, the right of ownership belongs to the state - the Russian Federation. This enterprise can carry out any activity not prohibited by law: trade, provision of services, production, education.

Definition

FSUE is a unitary enterprise that does not have the right to the succession of various types of property allocated to it by the owner.

Only state-owned companies have this type of legal organization of activity.

FSUE is responsible for its own debts with all its property, but is not liable for the debts of the owner of the property.

Charter is the constituent document of the enterprise, on the basis of which it operates.

Considering the features of unitary and commercial companies, we can say that the former should report on their actions on the public procurement website of the Russian Federation.

The unitarity of an enterprise can be described by the following features:

• formation of a legal entity through separation by the owner of a share of his property, and not through the union of the ownership of severalowners;
• approval for the creator of the right to property;
• allocation of property to a legal entity in the form of operational management or economic management;
• impossibility of division of property;
• rejection of membership;
• sole management apparatus.

Foundations for the creation of FSUE

An enterprise is formed for several reasons:

• importance of property that cannot be privatized;
• doing business to solve all kinds of social problems, including the sale of products and the provision of services at a reduced cost, organizing the purchase of essential products;
• management of productions that are in the process of bankruptcy or are unprofitable;
• maintain activities that are subsidized.

The purpose of the formation and operation of a unitary enterprise is the implementation of the tasks of the state on a commercial basis.

FSUE employees

The rights and duties of the personnel of a unitary enterprise are spelled out in the Labor Code. When an enterprise makes a contribution with an agreement with the owner, management still does not receive the right to distribute profits among employees. All extracted profit is the property of the Federal State Unitary Enterprise.

Rights and obligations of a unitary enterprise

All these items are contained in the Charter of the enterprise.

If the property is allocated within the framework of economic management, the enterprise can use the property produced by goods,extractable profit. All this is carried out within the framework prescribed in the laws and various acts of the Russian Federation.

As part of operational management, the FSUE Department has the right to use goods, property and profits with the approval of the owner.

The owner of the property himself registers the company, prescribes the goals of the work. The owner controls the intended use of the property entrusted to the unitary enterprise.

The owner can register ownership of the enterprise under the guise of investments in the authorized capital.

FSUE cannot create subsidiaries. The legislation also prohibits enterprises operating on the basis of economic management rights to be the founder of any unitary enterprise by allocating part of the property to operational management. This ban was imposed in order to track the withdrawal of part of the property of the enterprise when opening subsidiaries.

Ways to form FSUE property

These sources are:

• property allocated by the owner of the enterprise as payment for the authorized capital;
• other property transferred to the enterprise with the approval of the owner;
• profits generated during commercial work;
• borrowed resources, including loans from banks and other credit institutions;
• depreciation;
• aid coming from budgets of various levels;
• dividends from other companies where FSUE owns a stake;
• voluntary donations;
• profit from renting out part of the property;
• other income that does not run counter toRF legislation.

A unitary enterprise can do anything with property. But it can sell it only with the approval of the owner.

Conducting real estate transactions

The implementation of property transactions, the price of which is over 150 million rubles, is carried out by the Federal Agency for State Property Management. They are carried out with the approval of the government of the Russian Federation.

All actions with the property are carried out at the auction. Its organizer is a company or an individual who has signed an agreement with a unitary enterprise.

All proceeds from the sale of property, minus the costs of implementation (they cannot exceed three percent of the value of the property at the book price), the company must transfer to the budget of the Russian Federation within 25 days from the date of receipt of payment.

Finance of state enterprises

The FSUE form implies a feature of financial management. There are several methods for creating sources of funds.

Finances of unitary enterprises differ significantly in the creation of authorized capital, the generation and use of profits. They are also distinguished by ways of attracting borrowed resources.

Authorized capital is the funds formed with the help of fixed and working resources. The amount of capital is recorded in the balance sheet of a unitary enterprise as of the date of signing the charter.

The value of the authorized capital of the enterprise must be at least 5 thousand minimum wages, which is valid at the time of state registrationorganizations.

The functions of the authorized capital of a unitary enterprise coincide with the functions of commercial companies. In addition, the statutory fund acts as a financial foundation for the implementation of economic activities, being an indicator of its expediency.

Profit is a significant source of FSUE funds creation. It is generated like the income of commercial enterprises. But the Budget Code of the Russian Federation stipulates that the profits of the Federal State Unitary Enterprise act as a source of non-tax revenues that go to the budget.

Unitary enterprises have the right to use targeted budgetary sources of funding. The funds coming from the budgets go to the implementation of some social programs. This financing is carried out under the guise of subventions, grants and subsidies.

Subventions are budgetary resources that go to FSUE free of charge.

Subsidies are resources from the budget allocated on the basis of shared financing of the costs of implementing various programs to improve the work of the Federal State Unitary Enterprise.

Organizations that are unitary can also attract borrowed resources. However, the peculiarity of their legal form - obtaining borrowed funds is a complex process. A unitary enterprise cannot just get a loan for its real estate. The management of the Federal State Unitary Enterprise can receive loans from the budget from the owner, which will need to be repaid.

Results

The legislation describes a unitary enterprise as a property complex that is used to make a profit.

The Civil Code of the Russian Federation characterizes FSUE as follows: it is a type of commercial company that does not have ownership of the property assigned to it by the owner.