home Business blogs Organizational and legal forms of entrepreneurial activity. Forms of entrepreneurship The legislative document regulating collective forms of entrepreneurship is

Organizational and legal forms of entrepreneurial activity. Forms of entrepreneurship The legislative document regulating collective forms of entrepreneurship is

Plan

Introduction 3

Collective entrepreneurship 4

Joint Stock Company 5

Management of a joint stock company 10

Partnerships 15

Society with limited liability 17

Conclusion 19

References 20

Introduction

At the end of the 20th century. collective forms of entrepreneurship have taken a dominant position - both in small and large-scale businesses.

Collective entrepreneurship

At the end of the 20th century. collective forms of entrepreneurship have taken a dominant position - both in small and large-scale businesses.

Despite differences in state laws, world practice indicates the presence of the following established collective forms of business activity: business partnerships; business societies; joint stock companies; associations, unions.

The legal name of these forms of collective entrepreneurship in individual countries may change over time, but they organizational forms And economic content are basically preserved, improved and remain almost unchanged for decades.

Recreation in the form of enterprise organization of the elements characteristic of its practical activity is aimed at ensuring economic activity itself legal basis. In other words, the individual actions of the enterprise are combined into a single model. This is especially true for joint-stock production and economic structures, since it is this form of enterprise that most clearly divides activities into levels, and at the same time reflects these levels in the elements of corporatization. In this way, conditions are created for studying the activities of the enterprise both according to production data and the price of shares and other shareholder information.

Joint-Stock Company

A joint stock company (JSC) is a form of enterprise whose funds are generated by combining capital, issuing and placing shares. The difference between a limited liability company (000) and a joint stock company is mainly that in the first case people (entrepreneurs) unite for collaboration, and in the second case they pool primarily capital for its joint use. In both cases, the participants of the company are responsible for the results of its activities, limited by their contributions.

A joint-stock company is created on the basis of a voluntary agreement of legal entities and individuals (including foreign ones), who pool their capital and aim to make a profit by satisfying public needs with their products.

Joint-Stock Company:

Is a legal entity;

Bears property liability to creditors; has property that is completely separate from the property of individual shareholders;

Owns cash share capital, divided into parts (shares). Joint-stock enterprises have the following advantages:

The ability to attract additional investment by issuing shares;

The liability of the shareholder partners is limited to the value of the shares with a total economic interest;

Business risk is reduced;

The transfer of capital funds from industry to industry is facilitated.

A joint stock company usually operates for an indefinite period, unless otherwise provided by its charter. The transfer of ownership is carried out through the sale of shares (sometimes a different procedure may be specified in the constituent documents). The appearance of additional shareholders is stipulated by the charter.

The management function of the joint-stock company is performed by the board, which jointly selects executive bodies: director, his deputies, chief accountant, etc.

The authorized capital of a joint-stock company is a certain amount of money consisting of contributions from shareholders. The size of the authorized capital is determined by the founders of the company based on the needs for cash and other funds to start its activities. The JSC is liable to creditors not only for the amount of the authorized capital, but also for the value of all property.

The authorized capital at the time of establishment of the company must consist of an agreed number of shares, a multiple of 10, with the same par value. Usually a lower limit for the authorized capital is set, which, for example, in Russia in the mid-90s. could not be less than 100 million rubles (in prices of the corresponding years).

The contribution of a JSC participant can be cash in rubles and foreign currency, as well as buildings, structures, equipment and other material assets, securities, including inventions, patents, rights to use land, water and others material resources. The value of the property is determined general meeting participants.

The company also creates a reserve fund, which must be at least 15% of the authorized capital. The formation of the reserve fund is carried out through annual contributions until the fund reaches the size specified in the constituent documents. The amount of annual contributions, as a rule, cannot be less than 5% of net profit.

The property of a joint-stock company may exceed the authorized capital or be equal to it. Legislative norms often require that the value of property exceed authorized capital(otherwise the distribution of profits between shareholders may be limited). If JSC is in given year suffered financial losses leading to a decrease in the size of the property, then next year it is necessary to use part of the JSC’s profit to achieve the ratio specified in the charter.

The authorized capital of a joint-stock company is formed through a public subscription to shares or by distributing shares among the founders.

In the first case, an open joint-stock company is formed, in the second case, a closed one. Stock open society can be transferred from one person to another without the consent of other shareholders. Shares closed joint stock company distributed among its participants. Currently, the second option is most widespread. The transfer of shares of members of a closed joint-stock company to another person is carried out only with the consent of other members of the company.

To form a joint-stock company, the legislation of most countries requires payment not of the entire share capital, but only of its part, but not less than 50%. The rest of the capital funds can be contributed through certain time, for example, during the year. Changes in the authorized capital can occur either in the direction of its increase or decrease. An increase in the authorized capital is usually achieved by issuing new shares or increasing the par value of shares. The authorized capital is reduced by reducing the par value of shares or by purchasing part of the shares from their owners with further cancellation.

JSC has the right to create on the territory Russian Federation and branches and representative offices abroad. The latter are endowed with fixed and working capital at the expense of the company's property and are accounted for on its separate balance sheet, as well as on the independent balance sheet of its branches. The heads of branches and representative offices act on the basis of a power of attorney received from the joint-stock company.

A share is a security that indicates that the owner has contributed a certain amount of money to the capital of a joint-stock company and gives the right to receive annual income - a dividend from the profits of the specified company. Shares may be various types, but the main ones are: registered, bearer shares, simple and preferred.

A registered share is assigned to the shareholder by entering it in the book of entries. The transfer of registered shares (rights to it) is carried out through endorsements and their reflection in the company’s book.

A bearer share, like money, belongs to its actual owner and is not assigned to any specific person. Free transfer of shares means an automatic change of its owner.

Common shares allow shareholders to receive income depending on the performance of the joint-stock company, as well as take part in management and vote at the general meeting.

Preferred shares differ from ordinary shares in a predetermined amount of income per share, regardless of the performance of the JSC and the priority of payments of refundable amounts upon liquidation of the JSC.

The main disadvantage of preferred shares is that they do not provide voting rights at the general meeting of shareholders.

Usually the promotion contains the following details:

Name of the joint stock company and security; type of share, its number and date of issue;

Par value, name of the holder (for registered shares); number of shares issued;

Deadline for payment of dividends;

Some other information.

In exchange for shares, the shareholder is often given a certificate for all shares owned by him, which is a security that is evidence of ownership by the person indicated in it of a certain number and name of the company's shares.

The certificate contains all the necessary details of the shares it replaces.

Course work

in economic theory on the topic:

"Collective forms of entrepreneurship"

Voronezh, 2007

Introduction 3
1. Business partnerships and societies 5

1.1. Partnership (partnership) 5
1.2. Business companies 10

2. Production cooperative 19
3. Holdings 22
Conclusion 24

Introduction Entrepreneurship acts as a special type of economic activity, which is now considered one of the main factors of economic growth, the most important condition for the functioning of the market system. This is a dynamic, innovative process. This is the process of creating something new that has value, a process that brings cash income and personal satisfaction with the achieved result. Entrepreneurship does not necessarily mean inventing something new. It can also manifest itself in the search for a new sales market and in the use of price differences in two or more markets. Every entrepreneur acts as a business person, but not every business man can be classified as an entrepreneur. An entrepreneur is a person who takes the risk associated with organizing a new enterprise, developing a new idea, or a new type of product offered to society. He is able to creatively solve problems of matching needs with economic resources. The ability to find ideas, set goals, and implement them in specific cases is one of the characteristic features successful entrepreneurs. An entrepreneur must have such qualities as: initiative, determination, perseverance, responsibility, organizational skills, the ability to persuade and establish connections. He must be competent in the area of business in which he plans or conducts his own business. An entrepreneur must have a good understanding of what the market is and what tools and dependencies are at work here. It is necessary to clearly know the legal side of the matter - the relevant sections of the legislation, tax system, navigate production technology, manufactured products, and sales opportunities. Entrepreneurship is an integral attribute of a market economy, the main distinguishing feature of which is free competition. Although the history of entrepreneurship goes back centuries, its modern understanding developed during the period of formation and development of capitalism, which chose free enterprise as the basis and source of its prosperity. To better understand what entrepreneurship is, let’s turn to its history. The history of entrepreneurship is a very relevant topic and arouses keen scientific and public interest. It starts from the Middle Ages. Already at that time, merchants, traders, artisans, and missionaries were novice entrepreneurs. The activities of merchants were aimed at using the existing discrepancies between supply and demand, and the source of their income was the difference in prices of goods moved from market to market. During this period, the functional content of entrepreneurship was limited to the use of emerging market disequilibrium, and its dominant pretext was its connection with high degree risk. With the emergence of capitalism, the desire for wealth leads to the desire to receive unlimited profits. The actions of entrepreneurs take on a professional and civilized nature. Often, an entrepreneur, being the owner of the means of production, himself works in his factory, in his plant. From the middle of the 16th century. share capital appears, joint-stock companies are organized. Entrepreneurship has existed in Russia for a long time. It originated in Kievan Rus in trade form and in the form of crafts. Small traders and merchants can be considered the first entrepreneurs in Russia. The greatest development of entrepreneurship dates back to the reign of Peter I (1689 - 1725). Manufactories are being created throughout Russia, and industries such as mining, weapons, cloth, and linen are rapidly developing. The most famous representative of the dynasty of industrial entrepreneurs at that time was the Demidov family, whose ancestor was a Tula merchant. Further development entrepreneurship was constrained by the existence of serfdom. The reform of 1861 became a serious incentive for the development of entrepreneurship. The construction of railways begins, heavy industry is reorganized, and joint-stock activity is revived. The development and reorganization of industry is promoted by foreign capital. In the 90s of the 19th century, the industrial base of entrepreneurship was finally taking shape in Russia. At the beginning of the 20th century, entrepreneurship became a mass phenomenon in Russia. The process of monopolization of firms begins. Among the large companies, Prodamet, Prodvelom, Produgol, the Russian-American Manufactory Partnership, the Nobel Brothers and others are famous. Unfortunately, in Russia, after the end of the First World War and the completion of two revolutions, a course was taken to eliminate market economic ties. The new policy - NEP (1921-1926) brought some revival to entrepreneurial activity. However, since the late 20s, entrepreneurship has been curtailed again, and only in the 90s did its resuscitation begin in Russia. In October 1990, the Law “On Property in the RSFSR” was adopted, in December 1990 - the Law “On Enterprise and Entrepreneurial Activities”. From the moment when private property and entrepreneurial activity were restored to their rights, the development of joint-stock companies, partnerships and other forms of enterprise activity began. Entrepreneurship, as a special form of economic activity, can be carried out both in the state and and in the private sector of the economy. There are two main organizational and legal forms of entrepreneurship: individual and collective entrepreneurship. In this work, as can be seen from the topic, we will talk about collective entrepreneurship. 1. Business partnerships and societies The most common forms of collective entrepreneurial activity are business partnerships and companies in which any activity can be carried out: production, trade, intermediary, insurance, etc. In accordance with the Civil Code of the Russian Federation, business partnerships and companies are recognized commercial organizations with the authorized (share) capital divided into shares (contributions) of the founders (participants). Property created at the expense of the contributions of the founders (participants), as well as produced and acquired by a business partnership or company in the course of its activities, belongs to it by right of ownership (Clause 2 of Article 66 of the Civil Code of the Russian Federation). Partnerships and companies have many common features: · Government agencies and authorities local government does not have the right to act as participants in business companies and investors in limited partnerships, unless otherwise established by law. Institutions may be participants in business companies and investors in partnerships with the permission of the owner, unless otherwise provided by law. Participation of certain categories may be prohibited or limited by law citizens in business partnerships and companies, with the exception of open joint-stock companies. · Business partnerships and companies may be founders (participants) of other business partnerships and companies, except for cases provided for by this Code and other laws. · Contribution to the property of a business partnership or company may be money, securities, other things or property rights or other rights that have a monetary value. · Business partnerships, as well as limited and additional liability companies, do not have the right to issue shares (Clause 2 of Article 66 of the Civil Code of the Russian Federation). The differences are that that partnerships are considered by law as associations of capital. Companies, unlike partnerships, do not imply (although they do not exclude) personal participation of the founders in its affairs. According to the degree of property liability, companies are divided into full, limited and mixed. Let's look at each of these forms in more detail.

1.1. Partnership (partnership)- a closed association with a limited number of participants carrying out joint activities on the basis of shared ownership and taking direct part in management.

Among the features characterizing the partnership, the following should be highlighted:

· Fixed composition of participants;

· Equity participation in the enterprise;

· Participants bear personal property liability.

IN organizational plan a partnership, although it requires an agreement between its participants, remains a fairly simple form of business organization. Meanwhile, while maintaining the advantages of an individual entrepreneur, this form gives much great opportunities to attract resources due to the expansion of the circle of participants. A wider property base makes it possible to expand the possibilities of attracting credit sources, now guaranteed by the property of all participants. In addition, the pooling of knowledge of many people, the possibility of their specialization in certain functions of enterprise management, largely eliminates the problems faced by an individual individual entrepreneur. The stability of the enterprise itself is significantly increased, the existence of which is now not so strongly connected with the personality of the owner, since shares can be transferred to other persons in the event of one of the participants leaving the business. However, partnership is not without its drawbacks. Firstly, the division of management functions among the participants of the partnership creates difficulties in the form of possible conflicts based on both competition between participants and the struggle for leadership. In addition, efficiency in decision making is reduced. Secondly, the partnership still retains the excessive responsibility of the participants, which is now largely conditioned by the mistakes of others. All this does this form organization of entrepreneurial activity is quite vulnerable, it is the least common.

Business partnerships can be created in the form of a full business partnership and limited partnership.

General partnership. This is a partnership whose participants (general partners), in accordance with the concluded agreement, are engaged in entrepreneurial activities on behalf of the partnership and are responsible for its obligations with all the property belonging to them. A person can be a member of only one general partnership.

A general partnership is created and operates on the basis of a constituent agreement, which is signed by all its participants (general partners). The memorandum of association must contain the following information:

· name of the general partnership;

· its location;

· the procedure for managing it;

· conditions on the size and composition of the partnership's share capital;

· on the size and procedure for changing the shares of each participant in the share capital;

· on the size, composition, timing and procedure for making contributions;

· on the responsibility of participants for violation of obligations to make deposits.

The memorandum of association must provide for:

· order joint activities to create a partnership;

· conditions for the transfer of property to him and participation in his activities;

· conditions and procedure for distribution of profits and losses between participants, withdrawal of founders (participants) from the partnership.

Management of the activities of a general partnership is carried out by general agreement of all participants, but the constituent agreement may provide for cases when a decision is made by a majority vote of the participants. Each participant in a general partnership has the right to act on behalf of the partnership, but when its participants jointly conduct the affairs of the partnership, the consent of all participants in the partnership is required for each transaction. A participant in a general partnership does not have the right, without the consent of other participants, to make transactions on his own behalf in his own interests or in the interests of third parties.

Profits and losses of a general partnership are distributed among its participants in proportion to their shares in the share capital, unless otherwise provided constituent agreement or other agreement of the participants. Participants in a general partnership are liable with their property for the obligations of the partnership. A participant in a general partnership has the right to withdraw from it by declaring his refusal to participate in the partnership at least 6 months before the actual withdrawal from the partnership.

A general partnership is liquidated in the case when the only participant remains in the partnership.

Limited partnership an association is recognized in which, in accordance with the constituent agreement, one or more of its active members bear full (unlimited) liability for the obligations of the partnership with all the property belonging to them, and the remaining contributing members - within the limits of their share of the capital of the partnership, including the unpaid portion of their contribution. Investors - limited partners do not take part in the implementation of entrepreneurial activities.

A limited partnership is created and operates on the basis of a constituent agreement, which is signed by all general partners. The founding agreement of a limited partnership must contain the following mandatory information:

· name of the limited partnership;

· its location;

· the procedure for managing a limited partnership;

· conditions on the size and procedure for changing the shares of each general partner in the share capital;

· the size, composition, terms and procedure for making deposits, their responsibility for violation of obligations to make deposits;

· the total amount of deposits made by investors.

On the basis of the constituent agreement, the management of the enterprise is elected: director, his deputies, chief accountant.

The proper name of a full and limited partnership must include the words “full (limited) partnership”, the surname or name of one or more full members of the partnership. If the name of a general partnership does not include all its participants, it must contain the words “and company” or other words indicating the presence of other participants.

The management of the limited partnership is carried out by the general partners; investors do not have the right to participate in the management and conduct of the affairs of the limited partnership, or to challenge the actions of general partners in the management and conduct of the affairs of the partnership. Investors must contribute to the share capital, which is certified by a certificate of participation issued to the investor by the partnership. An investor in a limited partnership has the right to: receive part of the partnership’s profit due to his share in the share capital, in the manner prescribed by the constituent agreement; get acquainted with the annual reports and balance sheet of the partnership; at the end of the financial year, leave the partnership and receive your contribution in the manner prescribed by the constituent agreement.

A limited partnership is maintained if at least one general partner and one investor remain in it. It is liquidated on the grounds of liquidation of the general partnership. Upon the departure of all investors, the limited partnership can be converted into a general partnership. When a limited partnership is liquidated, investors have a priority right over general partners to receive contributions from the property of the partnership remaining after satisfaction of the creditors' claims.

Simple partnership. A simple partnership is a partnership formed under an agreement on joint activity by two or more persons (partners) on the basis of combining contributions and joint action without formation legal entity to make a profit or achieve another goal that does not contradict the law. A simple partnership is created by agreement to carry out business activities between the parties, which can only be individual entrepreneurs and/or commercial organizations. Participants in a simple partnership are comrades, whose contribution is recognized as everything that they contribute to the common cause, including money, other property, professional and other knowledge, skills and abilities, as well as business reputation and business connections. The monetary value of the contribution of a participant in a simple partnership is made by agreement between the partners. Property contributed by partners, products produced as a result of joint activities and income received from such activities are recognized as their shared ownership, unless otherwise provided by law or a simple partnership agreement. The use of common property is carried out by their mutual consent, and if agreement is not reached, in the manner established by the court.

The agreement of the partners determines the procedure for covering expenses and losses associated with their joint activities. In the absence of such an agreement, each partner bears expenses and losses in proportion to the value of his contribution to the common cause. It is impossible to completely relieve any of the comrades from this responsibility. The profit received by the partners as a result of their joint activities is distributed in proportion to the value of the contribution to the common cause, unless otherwise provided by the simple partnership agreement or other agreement of the partners, but the removal of any of the partners from participation in the distribution of profits is impossible.

The liability of partners for obligations depends on their participation in the activities of a simple partnership. If a simple partnership agreement is related to the implementation of entrepreneurial activities by its participants, the partners are jointly and severally liable for all general obligations.

If the simple partnership agreement is not related to the implementation of entrepreneurial activity, each partner is liable for general contractual obligations with all his property in proportion to the value of his contribution to the common business. A simple partnership agreement can be concluded by partners with or without a specified period. An application for a partner’s refusal of an open-ended simple partnership agreement must be made by him no later than 3 months before the expected withdrawal from the partnership.

Upon termination of a simple partnership agreement, things transferred into the possession and/or use of the partnership are returned to the partners who provided them without remuneration, unless otherwise provided by agreement of the parties. Property that was in the common ownership of the partners is divided between them by agreement. If an agreement is not reached, the participant has the right to demand judicial procedure his share in kind from the common property or may receive compensation by payment of an appropriate amount of money.

A simple partnership in accordance with civil law is not a legal entity.

Business societies can be created in the form of a "Limited Liability Company", "Additional Liability Company" and "Joint Stock Company".

Joint-Stock Company- the most common type corporate enterprise. In the Russian Federation, joint stock companies were widely created back in the 20s during the NEP period, but with the strengthening of administrative principles in the economy, already in the 30s they were mostly liquidated and replaced by state enterprises.

The mechanism for the creation, operation and management of a joint-stock company is carried out in accordance with the Civil Code of the Russian Federation and the Federal Law of December 25, 1995 No. 208-FZ “On Joint-Stock Companies”. In accordance with this Law, a joint-stock company is recognized as a commercial organization whose authorized capital is divided into a certain number of shares certifying the obligatory rights of the company's participants (shareholders) in relation to the joint-stock company.

Joint-stock companies receive the following benefits:

· ability to attract additional investments by issuing shares;

· limiting the liability of partner shareholders by the value of shares in the general economic interest;

· reduction of business risk;

· facilitating the transfer of capital funds from industry to industry.

The founders of a joint stock company are citizens and/or legal entities who made the decision to establish it. The number of founders of an open society is not limited. A company can be founded by one person; the decision to establish a company is made by this person alone. But a company cannot have another business entity consisting of one person as its sole founder (shareholder).

The founders of the company enter into a written agreement between themselves on its creation, which determines the procedure for their joint activities to establish the company, the size of the authorized capital, categories and types of shares to be placed among the founders, the amount and procedure for their payment, rights and obligations founders to create a company. The agreement on the establishment of a company is not a constituent document.

The constituent document of a joint stock company is the charter, the requirements of which are mandatory for execution by all bodies of the company and its shareholders. The company's charter must contain the following information:

· location of the company;

· type of society (open or closed);

· number, par value, categories (ordinary, preferred) shares and types of preferred shares placed by the company;

· rights of shareholders - owners of shares of each category (type):

· size of the company's authorized capital;

· structure and competence of the company’s management bodies and the procedure for their decision-making;

· the procedure for preparing and holding a general meeting of shareholders, including a list of issues, decisions on which are made by the company’s management bodies by a qualified majority of votes or unanimously;

· information about branches and representative offices of the company.

The company's charter must determine the size of the dividend and/or the value paid upon liquidation of the company (liquidation value) for preferred shares of each type.

The company's charter may contain other provisions that do not contradict the Federal Law “On Joint-Stock Companies” and other federal laws.

The company's charter may establish restrictions on the number of shares owned by one shareholder.

A share is a security that indicates that the owner has contributed a certain amount of money to the capital of a joint-stock company and gives the right to receive annual income - a dividend from the profit of the specified company. When establishing a company, all its shares must be placed among the founders. Shares can be simple or preferred. In accordance with Art. 25 of the Federal Law “On Joint-Stock Companies” all shares of the company are registered.

Common shares allow you to receive income depending on the results of the JSC’s activities, as well as take part in management and vote at the general meeting of shareholders.

The main disadvantage of preferred shares is that they do not provide voting rights at the general meeting of shareholders.

Usually the promotion contains the following details:

· name of the joint stock company and security:

· type of share, its number and issue date;

· nominal value, name of the holder;

· number of shares issued;

· deadline for payment of dividends, -- and some other information.

In exchange for shares, the shareholder is often given a certificate for all shares owned by him, which is a security that is evidence of the ownership of a certain number and name of the company's shares by the person indicated in it. The certificate contains all the necessary details of the shares it replaces.

The authorized capital of a joint-stock company is made up of the nominal value of the company's shares acquired by shareholders. The par value of all ordinary shares of the company must be the same. The authorized capital of the company determines the minimum amount of the company's property, guaranteeing the interests of its creditors. The minimum amount of authorized capital is established by federal law, differentiated for open and closed companies.

The authorized capital of the company can be increased or decreased, however, the company does not have the right to reduce the authorized capital if, as a result, its size becomes less than the minimum amount of the authorized capital of the company, determined in accordance with federal law on the date of registration of the relevant changes in the company's charter .

The formation of the company's authorized capital is carried out by issuing and placing shares, which, upon establishment of the company, must be fully paid within the period determined by the company's charter. In this case, at least 50% of the authorized capital of the company must be paid by the time of registration of the company, and the remaining part - within a year from the moment of its registration. Additional shares of the company must be paid for within the period determined in accordance with the decision on their placement, but no later than one year from the date of their acquisition (placement). It is important to note that before the registration of a JSC, the founders bear full responsibility for its obligations; however, after registration, the JSC, acquiring the rights of a legal entity, becomes a completely independent economic entity from its founders and the sole owner of all its property.

The authorized capital of a joint-stock company is formed through a public subscription to shares or distribution of shares among the founders. In the first case, an open joint-stock company is formed, in the second case, a closed joint-stock company, which is reflected in its charter and corporate name.

An open joint-stock company is a company that has the right to conduct an open subscription for the shares it issues and carry out their free sale, taking into account the requirements federal legislation. Shareholders of an open company may alienate their shares without the consent of other shareholders of the company. The number of shareholders of an open company is not limited. The minimum amount of the authorized capital of an open company must be equal to no less than a thousand times the minimum wage established by federal law on the date of registration of the company.

A closed joint stock company is a company whose shares are distributed only among the founders. A closed company does not have the right to conduct an open subscription for the shares it issues. The number of shareholders of a closed company should not exceed fifty. If the number of shareholders of a closed company exceeds 50, the specified company must be transformed into an open company within a year. The size of the authorized capital of a closed joint stock company must be at least 100 minimum wages.

The corporate sector in Russia as a whole is characterized by the predominance of closed joint stock companies over open ones. A joint stock company is usually viewed as an institution for mobilizing social capital. This interpretation of a joint-stock company corresponds, first of all, to an open joint-stock company whose shares are in free circulation. The form of a closed company contradicts the very essence of a joint stock company. Nevertheless, closed joint-stock companies have become widespread in Russia, not only among small and medium-sized enterprises, but also among large enterprises.

A joint stock company has the right to make a decision (announce) once a year on the payment of dividends on placed shares. Dividends are paid in money or other property from the company’s net profit for the current year, but for preferred shares of certain types they can be paid from the company’s funds specially designated for this purpose.

The company does not have the right to make decisions on the payment (declaration) of dividends on shares until the entire authorized capital of the company is fully paid, and also if, at the time of payment of dividends, the company meets the criteria of insolvency (bankruptcy) in accordance with the Federal Law “On Insolvency ( bankruptcy)” or the specified signs will appear in the company as a result of the payment of dividends.

The company, in accordance with the legislation on securities and the company's charter, may place bonds and other securities. A bond certifies the right of its owner to demand repayment of the bond (payment of face value or face value and interest) within a specified time frame. The issue of bonds without collateral is permitted no earlier than the third year of the company’s existence and subject to proper approval by this time of the company’s two annual balance sheets. Bonds can be registered or bearer.

The governing bodies of a joint stock company are the general meeting of shareholders, the board of directors (supervisory board) and the executive body of the company, which can be collective (board, directorate) or individual ( CEO), who provide leadership current activities society.

A joint stock company appears to be an organizational and legal form that allows for maximum implementation of entrepreneurial functions within the framework of a state enterprise. Currently, the Russian Federation is a participant (shareholder) in 2,500 joint-stock companies, where its share exceeds 25% of the authorized capital, representing the basic sectors of the national economy (in total, the Russian Federation participates in 3,896 business partnerships and companies).

Depending on the mechanism for managing the shareholding, the tasks of maintaining the influence of government bodies on the policy of the enterprise, on the one hand, and creating conditions for entrepreneurial activity, on the other, are solved. This form makes it possible to pursue the structural and industrial policies of the owner state and at the same time function as an equal subject of the market. Joint-stock companies can be declared bankrupt, since they are independently liable for their debts; in a critical situation, they can count on financial assistance states. The latter circumstance increases the competitiveness of joint-stock companies with state participation in the capital.

The general purpose of creating state-owned joint-stock corporations is to maintain the dependence of a given enterprise on government controlled and at the same time providing it with significant independence to achieve commercial goals. In JSCs whose shares are owned by the Russian Federation, a departure has been made from the traditional organizational structure management: there is no provision for a meeting of shareholders, the functions of which are performed by the Board of Directors (its composition is determined by the owner - the relevant government body).

A joint stock company bears a heavy tax burden: its income is taxed and it is necessary to pay to insurance, pension and other funds. In addition, tax is imposed wage employees, shareholders' income from dividends. At the same time, joint stock companies are more sustainable and stable compared to other forms; capable of implementing large-scale projects.

Legislative differences between legal forms aToshareholding companies in Russia the federal law"about joint stock companies"


Possibility of free circulation	The principle of freedom. In a company, it is not allowed to establish the preemptive right of its shareholders to acquire shares alienated by the shareholders of this company (Article 7, paragraph 2).	Shareholders of a company enjoy a preemptive right to purchase shares sold to a third party by other shareholders of this company. If shareholders have not exercised their preemptive right to purchase shares, then the company itself can exercise this right (Article 7, paragraph 3).
Emission method	The company has the right to conduct an open subscription for shares issued by them and carry out their free sale (Article 7, paragraph 2). The company has the right to place additional shares and other securities through open and closed subscription (Article 39, clauses 1, 2).	The company has the right to conduct only a closed subscription for shares issued by it. It has the right to distribute issued shares, additional shares and other securities only among the founders or a predetermined circle of persons (Article 7, and 3; Article 39, paragraph 2 ).
issues of other securities	Within the limits established by law, the company has the right to place securities convertible into shares through open subscription (Article 39, paragraph 2).	The company does not have the right to place securities, convertible vaccines, through open subscription (Article 39, paragraph 2).
Minimum authorized capital	The minimum authorized capital must be at least one thousand times the minimum wage as of the date of registration (Article 26).	The minimum authorized capital must be at least one hundred times the minimum wage as of the date of registration (Article 26).
Number of shareholders	Without restrictions (Article 7, paragraph 2).	No more than 50 people (Article 7, paragraph 3). But in relation to companies created before the end of 1995, there are no restrictions (Article 94, paragraph 4).
Participation form state	According to the law, government bodies cannot act as founders of a company (Article 10, paragraph 1), but in special cases established by law, they can act as founders of an OJSC (Article 7, paragraph 4).	State bodies can act as founders of a company only in cases of former state or municipal privatized enterprises (Article 7, paragraph 4).
Disclosure Obligations	The Law on Joint Stock Companies and other legislative acts require mandatory disclosure of information about the activities of the company (Article 92, paragraph 1).	In the case of a public offering of bonds and other securities, mandatory disclosure of relevant information is required in the amount and manner established by the federal authority for financial markets (Article 92, paragraph 2).

Limited Liability Company(OOO) is established and operates in accordance with Civil Code RF and Federal Law of February 8, 1998 No. 8-FZ “On Limited Liability Companies”. A limited liability company is a business company created by one or several persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents. 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 the contributions they made, which is where the name “limited liability company” comes from. Wherein we're talking about on limited liability not of the company itself, but of its participants. Participants of the society can be citizens and legal entities. A company can be founded by one person, who becomes the sole participant, but it cannot have another business company consisting of one person as the sole participant. The maximum number of company participants should not be more than fifty. If this limit is exceeded, the company must be transformed into an open joint-stock company or a production cooperative within a year.

From the moment of registration of the company, it becomes a legal entity and the sole owner of all property. None of the founders acts as the owner of the company’s property or a separate part of it. There is, as it were, a separation of the economic entity from the persons who founded it.

The constituent documents of the company are the founding agreement and the charter. If a company is founded by one person, the constituent document is the charter approved by this person. If the number of participants in the company is two or more, a constituent agreement is concluded between them, which determines the composition of the founders of the company, the size of the authorized capital and shares of each of the founders, the size and composition of contributions, the procedure and terms for their contribution to the authorized capital, responsibility founders, conditions and procedure for distribution of profits and the procedure for the withdrawal of participants from the company.

In accordance with the Federal Law, the charter of the company must contain:

· full and abbreviated company name of the company;

· information about the location of the company;

· information on the composition and competence of the company’s bodies, including on issues that constitute the exclusive competence of the general meeting of the company’s participants, on the procedure for making decisions by the company’s bodies, including on issues on which decisions are made unanimously or by a qualified majority of votes;

· information on the size of the company’s authorized capital;

· information on the size and nominal value of the share of each participant in the company;

· rights and obligations of company participants;

· information about the procedure and consequences of the withdrawal of a company participant from the company;

· information on the procedure for transferring a share (part of a share) in the authorized capital of the company to another person;

· other information provided for by the Federal Law, for example, information about the branches of the company and its representative offices.

The federal law establishes the rights and obligations of company participants, the procedure for forming the company’s authorized capital, the minimum size of which must be on the date state registration of the company being founded, at least 100 times the minimum wage, the procedure for increasing (decreasing) the size of the company’s authorized capital, etc. An increase in the company’s authorized capital is allowed only after it has been fully paid. It can be carried out at the expense of the company’s property, and/or at the expense of additional contributions from the company’s participants.

A contribution to the authorized capital of a company can be money, securities, other things or property rights or other rights that have a monetary value. The company's charter may establish types of property that cannot be a contribution to the company's authorized capital. Each founder of the company must make a full contribution to the authorized capital of the company within the period determined by the constituent agreement and cannot exceed one year from the date of state registration of the company. At the time of state registration of the company, the authorized capital must be paid by the founders at least half. An increase in the authorized capital of a company is permitted only after its full payment. And, although the capital of a limited liability company is divided into shares, the company does not have the right to issue shares and similar securities.

The supreme body of the company is the general meeting of the company's participants, the competence of which is established in Art. 33 of the Federal Law “On Limited Liability Companies”. The company's charter may provide for the formation of a board of directors (supervisory board) of the company. In companies with more than 15 participants, mandatory an audit commission should be formed (an auditor should be elected).

The Company may be liquidated in the manner established by the Civil Code of the Russian Federation, federal law or by decision of an arbitration court in accordance with federal legislation on insolvency (bankruptcy).

A company may, in accordance with civil legislation, have subsidiaries and dependent companies. A company is recognized as a subsidiary if another business company or partnership, due to its predominant participation in its authorized capital, or in accordance with an agreement concluded between them, has the opportunity to determine the decisions taken by such company.

Additional liability company- an organizational form of entrepreneurship based on the pooling of capital of a limited number of participants who assume additional property liability for the obligations of the company determined by them. All characteristics given in relation to a limited liability company are fully applicable to an additional liability company. The only exception is the amount of property liability of the participants. Here their risk is not limited by the size of the deposit made. Additional liability of participants means that if the company does not have enough funds to fulfill its obligations to creditors, the missing funds will be contributed by the participants in amounts that are a multiple of their contributions. The amount of additional liability is determined by the participants in the Memorandum of Association.

The corporate name of a company with additional liability must contain the name of the company and the words “with additional liability.”

If one of the company's participants goes bankrupt, his responsibility for the company's obligations is distributed among the participants in proportion to their contributions, unless a different procedure for the distribution of responsibility is provided for by the company's constituent documents.

Thus, analyzing everything stated in this paragraph, we can draw up the following comparative table:

Comparative characteristics of a business partnership and company in the Russian Federation

Creteeries	Organizational and legal form
	economic partnership	farmnnew society
SimpleOthat createdAnia	Created on the basis of a constituent agreement signed by all general partners; state registration required	Established on the basis of a charter approved by the founders; state registration required
Control over activitiesOstu	General partnership: control is exercised by the participants, each of whom has an equal degree of control, unless otherwise provided in the memorandum of association conditions. Limited partnership: general partners control the activities, and investors (limited partners) do not participate in management	Ownership and management of activities are separated: individual shareholders in the company open type do not participate in current management decisions; in a closed joint stock company, owners most often take part in the management of the company
Responsibilitynownedbtsev	General partnership: the participants are responsible for their business with the property they own. Limited partnership: general partners bear unlimited liability, and investors (limited partners) are liable only to the extent of their contributions	Shareholders' liability is limited to the amount of their contributions
Taxetion	Profits and losses are distributed among the participants; profits are taxed at income tax rates; participants share profits and losses in proportion to their shares, unless the memorandum of association provides for other conditions	Profit is taxed tax at rates income tax
Liquidity investAndtions	The retiring participant is paid the value of his share in the property of the partnership	Open company: shareholders can sell their shares on the market without the consent of other shareholders; closed company: shareholders have a pre-emptive right to purchase shares sold by other shareholders of this company to receive back the invested capital
Continuedbness essenceTvovaniya	Depends on the terms of the agreement between general partners	Not limited

2. Production cooperative There is another, special form of collective entrepreneurship, based on the principles of equality of all its participants. These are production cooperatives (artels). The concept of cooperation is used in scientific literature in a dual sense - broad and narrow. The starting point for a broad interpretation is the definition of cooperation given by K. Marx: “Cooperation is, first of all, the direct – not mediated by exchange – interaction of many workers to achieve the same result.” K. Marx called cooperation based on the union of labor “simple cooperation” and considered it the starting point for further processes of socialization of production. According to a narrow interpretation, cooperation is an independent socio-economic structure in which small commodity producers collectively own means of production and carry out joint economic activities. A production cooperative (artel) is a voluntary association of citizens on the basis of membership for joint production or other economic activity(production, processing, marketing of industrial, agricultural and other products, provision of other services), based on their personal labor and other participation and the association of its members (participants) of property shares (clause 1 of Article 107 of the Civil Code RF). In other words, a production cooperative is a voluntary association of citizens based on membership, formed for joint management economic activity through personal participation. Production cooperatives are created (established) and carry out their activities in accordance with the Civil Code of the Russian Federation, Federal Law of May 8, 1996 No. 41-FZ “On Production Cooperatives” and other federal laws. A cooperative can be created by citizens number of at least five people. However, none of them can participate in another similar cooperative. Although the basis of the cooperative must be individuals, participation in it by legal entities is also allowed, which must be stipulated in the Charter of the cooperative. Members (founders) of the cooperative can be citizens of the Russian Federation, foreign citizens, and stateless persons. The number of members of the cooperative who have made a share contribution, participating in its activities, but not taking personal labor participation in its activities, cannot exceed 25% of the number of cooperative members taking personal labor participation in the activities of the cooperative. Member of the cooperative - the operator is obliged to make a share contribution to his property. The share contribution can be money, securities, other property, including property rights. The amount of the share contribution is established by the charter of the cooperative. By the time of state registration of the cooperative, a member of the cooperative is obliged to make at least 10% of the share contribution. The rest is paid within a year after state registration. The assets of the cooperative are formed through monetary and property contributions from participants. The property of a cooperative divided into shares is shared property, and each member of the artel retains claims not only to his share in monetary form, but also to part of the property of the cooperative. A member of the cooperative can leave it at any time, however, the return of the contributed shares is carried out only at the end of the financial year. At the same time, the charter may provide for the creation of indivisible funds, a decision on which must be made unanimously by the members of the cooperative. The constituent document of the cooperative is the charter, approved by the general meeting of members of the cooperative. The charter must contain the following information: · the trade name of the cooperative and the words “production cooperative” or “artel”; · its location; · conditions on the amount of share contributions of members of the cooperative; · on the composition and procedure for making share contributions by members of the cooperative -operative and about liability for violation of obligations to make the specified contributions; · about the nature and procedure for labor and other participation of members of the cooperative in its activities and about their responsibility for violation of obligations for personal labor and other participation; · about the procedure distribution of profits and losses of the cooperative; · on the amount and conditions of subsidiary liability of members of the cooperative for its debts (members of the cooperative bear additional liability for its debts with their personal property within the limits established by law and the charter of the cooperative); · on the composition and competence of the management bodies of the cooperative; about the procedure for making decisions; · about the procedure for paying the value of a share or issuing property to a person who has ceased membership in the cooperative; · about the procedure for new members joining the cooperative; · about the procedure for leaving the cooperative; · about the grounds and procedure for expulsion from members. cooperative; · on the list of branches and representative offices of the cooperative; · on the procedure for reorganization and liquidation of the cooperative. The charter of the cooperative may contain other information necessary for its activities that does not contradict the legislation. The governing bodies of the cooperative are the general meeting of its members, the supervisory board and executive bodies - the board and/or chairman of the cooperative. The highest governing body of a cooperative is the general meeting of its members, which has the right to consider and make decisions on any issue of the formation and activities of the cooperative. For example, transfer by a member of a cooperative of his share to third parties or its inheritance is permitted only with the consent of the general meeting of members of the cooperative; transformation into a business partnership or company is possible only by unanimous decision of the meeting. The general meeting of members of the cooperative is competent to make decisions if more than 50% of the total number of members of the cooperative are present at this meeting. Each member of the cooperative, regardless of the size of its share, has one vote when making decisions at the general meeting. A general meeting of members of the cooperative is held at least once a year, but no later than 3 months after the end of the financial year. In a cooperative with more than 50 members, a supervisory board can be created, the members of which can only be members of the cooperative. The Supervisory Board exercises control over the activities of the executive bodies of the cooperative. A member of the supervisory board cannot simultaneously be a member of the board of directors of the cooperative and its chairman. Members of the supervisory board of the cooperative do not have the right to take actions on behalf of the cooperative. The executive bodies of the cooperative include the board and/or chairman of the cooperative. In a cooperative with more than 10 members, the general meeting elects a board from among the members of the cooperative, which manages the activities of the cooperative in the period between general meetings. The board of the cooperative is headed by a chairman who is elected by the general meeting from among the members of the cooperative. Executive bodies are accountable supervisory board and the general meeting of members of the cooperative. To control the financial and economic activities of the cooperative, the general meeting of members elects an audit commission consisting of at least three members of the cooperative (or an auditor if the number of members of the cooperative is less than 20). Audit committee(auditor) checks the financial condition of the cooperative. A cooperative may be liquidated by decision of the general meeting, including due to the expiration of the period for which it was created, the achievement of the purpose for which it was created, or due to the court invalidating the state registration of the cooperative. A cooperative may be liquidated by a court decision in the event of carrying out activities without proper permission (license), prohibited by law, or in the case of repeated or gross violations law. IN in the prescribed manner The cooperative is liquidated due to its recognition as insolvent (bankrupt) in accordance with the Federal Law “On Insolvency (Bankruptcy)”. 3. Holdings Integration processes in the spheres of production, circulation, and finance have led to the creation of several types of associations (corporations). There are such types of corporations as syndicates, trusts, cartels, concerns, holdings, financial and industrial groups. Globalization processes have led to an increasing role and even dominance of transnational corporations (TNCs), which are financial and industrial groups or holdings. Holding (English holding - owning) - according to the legislation of the Russian Federation, an enterprise, regardless of its organizational and legal form, in whose assets include controlling stakes in other enterprises. In this case, a “controlling stake” is understood as any form of participation in the capital of an enterprise, which provides the unconditional right to make (reject) certain decisions at the general meeting of its participants and in its management bodies. The advantages of holding companies are that they fight competition with the help of its consolidation Consolidation is strengthening, strengthening something; unification, rallying of individuals, groups, organizations to strengthen the fight for common goals. This most important feature is also a significant disadvantage for consumers, since excessive consolidation of production and sales leads to monopoly of the manufacturer with all the ensuing consequences for consumers. Positive sides are determined by the following capabilities of holding companies: the use of increased production and sales volumes; achieving high efficiency in international capital flows; minimizing the negative impact of the state on enterprises. Negative aspects of the holding: desire for monopolism; strengthening control over enterprises; artificially maintaining unprofitable enterprises at the expense of profitable ones; the impossibility of clearly tracking the redistribution of funds between their enterprises; there is a need for a large number of highly qualified managers. There are pure and mixed companies. Pure holding companies are non-trading companies that, according to their charter, do not have the rights to carry out trading operations or other business, owning only capital. In domestic economic terminology, they are called financial holding companies. Mixed holding companies, in addition to owning a controlling stake and the right to manage other companies, are actively engaged in trade or business and have on their balance sheet, together with shares of subsidiaries, assets in the form of - real estate and real estate. In the Russian Federation, holding companies and their subsidiaries are created only in the form of open joint-stock companies. A holding company may be a subsidiary of another holding company - so-called second-tier holding companies. Naturally, this classification is quite arbitrary. Diversified Diversification - expanding the range, changing the type of products produced by an enterprise, firm, developing new types of production in order to increase production efficiency, obtain economic benefits, and prevent bankruptcy. modern concerns can be a holding in relation to their subsidiaries and branches, and at the same time they themselves can be part of more powerful holdings as subsidiaries. The size of the holding can be much smaller than the size of the controlled companies. A holding company is the top of a pyramid made up of subsidiaries. In the economic literature, much attention is paid to the study of Russian holdings as a form of capital concentration. The largest holdings control almost half of Russian industry and the overwhelming majority of companies whose shares are traded on the stock market. IN last years holdings carry out restructuring of their companies and shareholder ties. The controlling holdings of the group are not just the largest owners, but also more effective owners compared to the owners of individual enterprises. When comparing the share of holdings in the number of enterprises and in the number of employees, it is clear that the associations cover larger enterprises. The holdings differ markedly in size. Most metallurgical and chemical industry(as well as energy and communications) are members of an association with over 10 thousand employees. Enterprises in other industries, as a rule, are included in groups with employees ranging from 3 thousand to 10 thousand people. Most holdings (with the exception of those that include energy and communications enterprises) include from 5 to 10 enterprises. The intensity of processes of joining holdings has been increasing sharply since 1999 and reached a peak in 2002. The entry of companies into holdings is not related to contracts or agreements between members of the holding. This is the main difference between holdings and concerns. Conclusion So, to summarize and summarize everything stated above in this work, it should be noted that, according to the current legislation, in the Russian Federation there may be the following collective forms of entrepreneurship: · Partnerships (partnerships) - general partnership and limited partnership; · Business companies (with limited liability, with additional liability, joint stock company); · Production cooperative (artel); By analyzing the main features of the above organizational and legal forms of entrepreneurial activity, we can conclude that at present the most convenient form of entrepreneurial activity aimed at making a profit business companies are the main purpose of their activities. They can react most flexibly to change external factors, such as market conditions, changes in legislation, relations with partners, etc. Participants (founders) of business companies do not bear excessive liability for the obligations of the company, for example, in comparison with business partnerships. In conclusion, we can draw up the following table, which shows a brief description of main organizational and legal forms of collective entrepreneurial activity:

Form	Types of legal entities, their characteristics
Business partnerships	General partnerships	Partnerships of faith (limited partnership)
	Participants (general partners), in accordance with the agreement concluded between them, engage in entrepreneurial activities on behalf of the partnership and are liable for its obligations with the property belonging to them	The participants of such a partnership consist of general partners and one or more participant-investors (limited partners), who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made by them and do not take part in the partnership’s business activities
Business societies	Limited Liability Company	Additional liability company	Open Joint Stock Company	Closed joint stock company


	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 the contributions made by them	The participants of the company jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by the constituent documents.	Members of the company may alienate their shares without the consent of other shareholders. The Company has the right to conduct an open subscription for shares issued by it and their free sale	The company's shares are distributed only among its founders or other predetermined circle of persons. The Company does not have the right to conduct an open subscription for shares issued by it or otherwise offer them for acquisition to an unlimited number of persons
	Subsidiary business company	Dependent business company
	A business company is recognized as a subsidiary if another (main) business company or partnership has the opportunity to determine decisions made by such company (due to a predominant participation in its authorized capital, or in accordance with an agreement concluded between them, or otherwise)	A business company is recognized as dependent if another (dominant, participating) company has more than 20% of the voting shares of the joint-stock company or 20% of the authorized capital of the limited liability company
Production cooperative (artel)	A voluntary association of citizens on the basis of membership for joint production or other economic activities based on their personal labor and other participation and the association of property shares by its members (participants). Members of a production cooperative bear subsidiary liability for the obligations of the cooperative. The number of members should not be less than five. The cooperative does not have the right to issue shares

List of used literature1. Civil Code of the Russian Federation. Part one (November 30, 1994 No. 51 - Federal Law). 2. About production cooperatives. Federal Law of May 8, 1996 No. 41-FZ. 3. About joint stock companies. Federal Law of December 26, 1995 No. 208 - Federal Law (as amended by Federal Law of August 7, 2001 No. 120 - Federal Law). 4. About limited liability companies. Federal Law of February 8, 1998 No. 41 - Federal Law. 5. Avdasheva S. Russian holdings: new empirical evidence // Questions of Economics. -- 2007 . -- No. 1 . -- With. 98 -- 111 6. Ageev A. I. Entrepreneurship: problems of property and culture. -- M., 1991. 7. Borisov E. F. Economic theory/ E. F. Borisov --M: Yurayt, 1999--384 p. 8. Busygin A. Entrepreneurship: basic course. 1997 9. Evstratov V. Conditions for implementation entrepreneurial functions state enterprises// Finance. -- 2004 . -- No. 9 . -- With. 22 -- 24. 10. Egorov V. The place and role of cooperation in the civilizational space // Questions of Economics. -- 2005 . -- No. 4 . -- With. 87 -- 98 11. Iwasaki I. Legal form joint stock companies and corporate behavior in Russia // Economic Issues. -- 2007 . -- No. 1 . -- With. 112 -- 123.

12. Klepach A. About the role big business in modern Russian economy(comments on the World Bank report) / A. Klepach, A. Yakovlev. // Economic Issues. --2004. --No. 8. - P. 36-45.

13. Patoka L. The significance of capital concentration // Economist. --2006 -- No. 8. -- With. 57 -- 61.

14. Entrepreneurship: textbook / ed. M. G. Lapusty. -- 3rd ed., rev. and additional - M.: INFRA-M, 2003 - 534 p.

15. Sapozhnikova N. Financial and industrial groups and holdings in the modern economy / N. T. Sapozhnikova, M. I. Aleshin // Marketing. -- 2004 . -- No. 1 . -- With. 96 -- 103.

16. Chernov L. Problems of formation corporate system// Economist. -- 2006 -- No. 2. --With. 15 --23.

A form of entrepreneurship is a system of norms that determines the internal relations between partners in an enterprise, on the one hand, and the relations of this enterprise with other enterprises and government agencies-- with another.

There are the following main forms of entrepreneurship:

1. individual entrepreneurship;
2. collective entrepreneurship.

Individual entrepreneurship is understood as systematic activity, independently carried out, in one’s own name, under one’s own responsibility, with the aim of making a profit and under the conditions established by this law. An individual entrepreneur is an individual (citizen) who personally conducts business on his own behalf, at his own expense and at his own risk, and independently makes business decisions. An individual entrepreneur bears personal full responsibility for the results of his activities. This means that in the event of debt formation, the entrepreneur pays with all his property. At the same time, the entrepreneur works himself, without attracting additional labor. Such entrepreneurship is classified as self-employed and registered with local authorities, carried out on the basis of a patent, and the entrepreneur pays taxes as an individual.

An individual entrepreneur can use his own property and, under an agreement, the property of other persons in business activities. He can borrow money, get a loan from banks, other organizations or individuals. An individual entrepreneur independently distributes the profit from his activities remaining after taxes. Individual entrepreneurship is based on private property and most often has the character of a small business. In this capacity, individual entrepreneurship contributes to the demonopolization of the economy and strengthens competitive principles. It makes the economy more flexible, capable of rapid self-regulation. But it is difficult to attract large capital to individual entrepreneurship due to lower creditworthiness compared to collective forms of entrepreneurial activity. Because the individual business rests on the entrepreneurship of one person, it is profitable while the businessman is active, and the lifespan of such an enterprise is uncertain, so creditors are not always willing to enter into long-term financial transactions with an individual entrepreneur. Sole Proprietorship is Different high level risk and lack of specialized management. Typically, an entrepreneur is the owner and performs all functions of enterprise management (production, supply, sales, finance), which requires universal knowledge in many areas of production. The lack of financial resources and the inability to attract specialist managers to management leads to the adoption of suboptimal decisions. Individual entrepreneurship requires more significant and real support from the state. Collective entrepreneurship (partnership) is a form of organization of entrepreneurial activity in which two or more entrepreneurs make joint decisions and bear personal property responsibility for running the business. At the end of the 20th century. collective forms of entrepreneurship have taken a dominant position in both small and large-scale businesses.

Collective entrepreneurship, in turn, is divided into:

A general partnership is a type of business partnership, the participants of which (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 not only in the amount of contributions to the share capital, but with all the property belonging to them, that is, “full ", unlimited liability. Limited partnership (mixed partnership) is an association in which, in accordance with the constituent agreement on the creation of the partnership, one or more of its full members bear full (unlimited) liability for the obligations of the partnership with all their property, and the remaining contributing members bear liability associated with activities of the partnership, within the limits of their share of the capital of the partnership, including the unpaid part of their contribution. A mixed partnership, like a general partnership, can be created without establishing a new legal entity - in this case, the contributions of the participants of the partnership are reflected on the balance sheet of one of the full members of the partnership; with the establishment of a new legal entity and with separate property - in this case, the contributions of the participants are reflected on the balance sheet of the partnership.

Representation and actions on behalf of a full or mixed partnership of any of its active members are recognized as the activities of the partnership itself, unless otherwise provided by the constituent documents of the partnership. Another type of collective business that involves limited economic liability is a limited liability company. They represent enterprises that have authorized capital, divided into shares, the size of which is determined by the constituent documents. Participants in a company can be both individuals and legal entities, and participants in the company are liable for its obligations only to the extent of their contributions. Much in the structure of a limited liability company resembles a joint stock company, but there are also serious differences:

- a limited liability company is a necessarily closed enterprise;
- the creation of a joint stock company requires great effort than limited liability companies.

According to Russian legislation, the number of participants in such a company should not exceed the limit established for this type of business association; otherwise, within a year it is subject to transformation into a joint-stock company. In addition, 000 cannot be used as the only participant another business entity consisting of one person. Company with additional liability. The participants of such a company, unlike a limited liability company, are liable for its debts with their contributions to the authorized fund, and if these amounts are insufficient, with additional property belonging to them in the same multiple of the contribution of each participant for all participants. The maximum amount of liability is provided for in the constituent documents. An additional liability company is a business company established by one or more persons, the authorized capital of which is divided into shares of the size determined by the constituent documents. Participants in an ALC jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by the constituent documents of the company. In the event of bankruptcy of one of the participants, his liability for the obligations of the company is distributed among the remaining participants in proportion to their contributions, unless a different procedure for the distribution of liability is provided for by the constituent documents of the company. A classic joint-stock company (corporation) is an association of capital investors (shareholders), formed on the basis of the charter and having an authorized fund, divided into a certain number of shares of equal par value, the founders of which can be both individuals and legal entities. The company must consist of at least two participants, and their maximum number is not limited. Joint-stock companies are the most democratic form of business, because anyone can buy shares and become a shareholder (and thereby the owner) of an enterprise with an open signature for the shares. In world practice, of course, there is also a closed subscription for shares, which is used, as a rule, in the case when the founders of a joint-stock company have sufficient funds to fully form the authorized capital of the enterprise. Main features of the joint-stock form of the enterprise:

-shareholders are not responsible for the company’s obligations to its creditors, the company’s property is completely separate from the property of individual shareholders. In case of insolvency of the company, shareholders bear only the risk of possible depreciation of the shares they own;
-the joint-stock form of an enterprise makes it possible to unite an almost unlimited number of investors, including small ones, and at the same time maintain control of large investors over the activities of the enterprise;
-a joint stock company is the most stable form of capital consolidation, since the departure of any of the investors from it does not entail the mandatory closure of the enterprise.

The limitation of risk to a predetermined amount makes a joint stock company the most attractive form of investment and, as a consequence, provides an opportunity to centralize large amounts of funds. It can be said that the issue of shares is one of the most significant achievements market economy. This is a way to mobilize resources, a way to “disperse” risk and a way to instantly transfer funds from one industry to another. Thus, there are 2 main forms of entrepreneurship: individual and collective, which in turn are classified into large, medium and small. Collective entrepreneurship received special development in the 20th century. and currently occupies a dominant position in both small and large scale businesses. It can exist in various forms.

People aimed at generating profit or personal income or achieving non-commercial goals, carried out on their own behalf, under their own responsibility or on behalf and under the legal responsibility of a legal entity, i.e. a company (see Firm), enterprise. Typically, there are three areas of entrepreneurial activity: independent production, commerce and intermediary activities. The subjects of entrepreneurial activity are individual citizens - entrepreneurs, groups of people, and the state represented by government bodies.

The first two subjects form two main types of entrepreneurship: individual and collective. Entrepreneurship can be carried out without the use of hired labor or with the use of hired labor; without the formation of a legal entity or with the formation of a legal entity. By its nature, entrepreneurial activity can be commercial or non-commercial. Entrepreneurship is organized activities on an ongoing basis, i.e. we are talking about systematic, stable activity within any organizational structure.

Entrepreneurshipindividual- any creative activity of one person and his family, carried out without forming a legal entity. An individual entrepreneur is responsible for his obligations related to this activity with all his property, i.e., he bears full property responsibility and makes all the most important decisions related to business activities. Individual entrepreneurship is based on private property and aims to make a profit. As a rule, individual entrepreneurship is carried out without the involvement of hired labor. Functions individual entrepreneurship are: the creation of a single production process based on the initiative of connecting all types of resources, making major decisions during the production process, stimulating innovation, property responsibility. An entrepreneur can carry out any type of business activity not prohibited by law, including commercial intermediation, trade and purchasing activities, consulting and other activities, as well as transactions with securities. In accordance with the Civil Code of the Russian Federation, a citizen has the right to engage in entrepreneurial activity without forming a legal entity from the moment of state registration as an individual entrepreneur. Often, especially when it comes to consulting activities, an individual entrepreneur must obtain a license, constantly improve his professional level and confirm his qualifications in order to renew his license to carry out business activities in this area.

Entrepreneurshipcollective(partnership) - a form of organization of entrepreneurial activity in which two or more entrepreneurs make joint decisions and bear personal property responsibility for the conduct of the business. Collective entrepreneurship can be carried out in the form of:
. production cooperative (artel) - a voluntary association of people on the basis of membership for joint
production or other economic activities (production, processing, sales 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 pooling of property share contributions by its participants;
. unlimited liability company (full partnership), when all partners, co-owners bear equal
liability with property belonging to them in case of losses, damages, etc.;
. limited partnership (limited partnership), in which, along with participants who carry out business activities on behalf of the partnership and are liable for the obligations of the partnership with their property (general partners), there are one or more participants - investors (limited partners) who bear the risk of losses associated with activities of the partnership, within the limits of the amounts of contributions made by them and do not take part in the implementation of entrepreneurial activities by the partnership;
. limited liability company in which co-owners have the right to contribute capital in certain
limited in size, are not liable for the obligations of the company and bear the risk of losses associated with the activities of the company, within the value of the contributions made by them;
. joint-stock company (corporation) (see Joint-stock company).

Entrepreneurshipcommercial- entrepreneurial activity pursuing profit as its main goal. Commercial entrepreneurship can be carried out in the form of business partnerships and companies, production cooperatives, state and municipal unitary enterprises (unitary is considered commercial enterprise, not endowed with the right of ownership of the property assigned to him, which is indivisible and cannot be distributed among deposits - shares, shares). Commercial entrepreneurship can be carried out in the non-productive sphere (for example, professional sports, concert activities), in trade sphere, in the service sector (for example, travel business, legal, consulting services), in the manufacturing sector (, agriculture, construction, etc.).

Entrepreneurshipnon-profit- an activity the purpose of which is not to make a profit and, accordingly, does not provide for the distribution of the received profit among the participants. Non-profit organizations may carry out entrepreneurial activities only insofar as it serves the purposes for which they were created and is consistent with these purposes. Non-profit entrepreneurship can be carried out in the form of consumer cooperatives, public and religious organizations, charitable and other foundations.

Plan

Introduction

Collective entrepreneurship

Joint-Stock Company

Joint stock company management

Partnerships

Limited Liability Company

Conclusion

Bibliography

Introduction

Collective entrepreneurship

At the end of the 20th century. collective forms of entrepreneurship have taken a dominant position - both in small and large-scale businesses.

Despite the differences in state legislation, world practice indicates the presence of the following established collective forms: business activity: business partnerships; business societies; joint stock companies; associations, unions.

The legal name of these forms of collective entrepreneurship in individual countries may change over time, but their organizational forms and economic content are largely preserved, improved and remain almost unchanged for decades.

Recreation in the form of organization of an enterprise of elements characteristic of its practical activities is aimed at ensuring the very economic activity legal basis. In other words, the individual actions of the enterprise are combined into a single model. This is especially true for joint-stock production and economic structures, since it is this form of enterprise that most clearly divides activities into levels, and at the same time reflects these levels in the elements of corporatization. In this way, conditions are created for studying the activities of the enterprise both according to production data and the price of shares and other shareholder information.

Joint-Stock Company

A joint stock company (JSC) is a form of enterprise whose funds are generated by combining capital, issuing and placing shares. The difference between a limited liability company (000) and a joint stock company is mainly that in the first case people (entrepreneurs) unite to work together, while in the second case they pool primarily capital to share it. In both cases, the participants of the company are responsible for the results of its activities, limited by their contributions.

JSC is created on the basis of a voluntary agreement between legal and individuals(including foreign ones) who pool their capital and aim to make a profit by satisfying social needs with their products.

Joint-Stock Company:

Is a legal entity;

Bears property liability to creditors; has property that is completely separate from the property of individual shareholders;

Owns cash share capital, divided into parts (shares). Joint-stock enterprises have the following advantages:

The ability to attract additional investment by issuing shares;

The liability of the shareholder partners is limited to the value of the shares in the general economic interest;

Business risk is reduced;

The transfer of capital funds from industry to industry is facilitated.

The management function of the joint-stock company is performed by the board, which jointly elects the executive bodies: director, his deputies, chief accountant, etc.

The contribution of a JSC participant can be cash in rubles and foreign currency, as well as buildings, structures, equipment and other material assets, securities, including inventions, patents, rights to use land, water and other material resources. The value of the property is determined by the general meeting of participants.

The property of a joint-stock company may exceed the authorized capital or be equal to it. Legislative norms often require that the value of the property exceed the authorized capital (otherwise the distribution of profits between shareholders may be limited). If the JSC suffered financial losses in a given year, leading to a decrease in the size of its property, then next year it is necessary to use part of the JSC’s profit to achieve the ratio specified in the charter.

The authorized capital of a joint-stock company is formed through a public subscription to shares or by distributing shares among the founders.

In the first case, an open joint-stock company is formed, in the second case, a closed one. Shares in an open company can be transferred from one person to another without the consent of other shareholders. Shares of a closed joint stock company are distributed among its participants. Currently, the second option is most widespread. The transfer of shares of members of a closed joint-stock company to another person is carried out only with the consent of other members of the company.