Enterprise - an autonomous economic entity to be established and act on the basis of existing national legislation for the production of products, provision of services and performance of works.
two main objectives for its functioning - to meet emerging needs, and making a profit.One of the forms of economic organization is a municipal enterprise.Its main features will be discussed in this article.
categories of business entities
Under the Civil Code, in fact, there are three major groups of commercial organizations:
- business company or partnership.
- production cooperative.
- unitary state or municipal enterprise.
The first group includes the largest number of sub-categories:
- Full society.
- Limited Partnership.
- LLC.
- Additional Liability.
- public and private companies.
Cooperative - an association of citizens on a voluntary basis for joint economic activities.Each member is personally involved in the work and brings back shares.All members of the organization share the responsibility.This means that the profit is distributed in proportion to the labor contribution.Upon liquidation of the production cooperative all of the remaining property shall be distributed among the employees on a similar principle.
State and municipal enterprise: key features
The latter category includes unitary entity.Municipal Enterprise - is a special type of commercial organization in which the ownership of the property is not assigned to the individual.Therefore, such a person is called a unitary thrift.His property is not divided into shares and units, including among people who work on it.Under the Civil Code, the municipal enterprise is always unitary.At the same time this form is specific to these subjects of economic, created by the state or local government.
Nonprofits
In addition to these entities, aimed at profit under Russian law can be established voluntary civic associations.They can establish and the state.There are the following main types of non-profit associations:
- Consumer Cooperative.
- religious or social organization.
- Fund.
- institutions, including municipal.
- associations or unions.
Thus, the municipal authority and the municipal enterprise - are the two main ways in which the State may exercise economic activity.From that, it gets you profit, for what purpose it was created, dependent as it is properly called.
forms of municipal enterprises
All unitary thrift subjects are divided into two types.All public institutions can be attributed to one of them.
first includes companies with the right of economic management.This means that he has a legitimate chance to own, use and dispose of property in the limits established by law.This state of affairs is more preferable, since in this case it is possible to determine its strategy and to establish the corresponding goals and daily tasks.
Municipal Unitary Enterprise with the right of operational management is much more dependent on the state.It may possess, use and dispose of all the property, but only in the pre-established limits.The public agency determines its goals and objectives, which are not subject to change.This species has a much less self-governance.
process of creating and working
Municipal Unitary Enterprise starts to work on the decision of the state body.The Russian government may also create a state-owned enterprise on the basis of the property it owns.The founding document of the charter acts.State or municipal authority is responsible in case of insufficiency of the property he created the company.The head of the Russian government is fully accountable through its authorized bodies.
main provisions
According to article 52 of the Civil Code, the unitary enterprise is a business entity, is not endowed with the outstanding ownership of its property.Its statute must necessarily include two points:
- object and purpose of the activity.
- The amount of the authorized capital and the sources of its financing.
Brand Name must necessarily indicate the state property.For liabilities Unitary Enterprise is responsible all the property, but can not act as the object of pledge or become insolvent as a result of the bankruptcy of its owner.In Russia, there is a special federal law, which describes just such business entities.
operational capabilities and complete control
Any municipal entity created on the basis of the decision of the local government body.It is to them and approved its charter.The size of the fund unitary enterprise with the right of economic management should be fully funded to its registration.If the amount of net assets at the end of the year is less than the statutory fund, the authorized body must keep track of the situation, and to reduce it.Notification of change of the value of the Fund is sent to all creditors who may require early performance of their obligations now.The owner is not responsible for the liabilities, except as described in Article 56 of the Civil Code.
Unitary enterprises with the right of operational management established by the decision of the government.The federal property assigned to them in the quality of their assets.The founding document - and the charter.The main difference is that the assets are insufficient the State is responsible for its obligations.Accordingly, reorganization and liquidation are made only by the decision of the Russian Government.
