Entrepreneurial firm The subjects of entrepreneurial activity are both individuals and legal entities. entrepreneurial firm
Entrepreneurship is an independent, initiative activity of citizens and firms, aimed at making a profit or personal income and carried out under their property responsibility.
Basic organizational unit entrepreneurial activity is a firm. In foreign economic literature, a firm is defined as an organization with a single management, formed for the purpose of making a profit by offering material goods and services for sale. A firm may consist of one or more enterprises that are engaged in the same or different types economic activity. In our economic literature there is no clear distinction between the concepts of "firm" and "enterprise". These terms are often used interchangeably. Sometimes the term "firm" is used only in relation to private enterprises.
Entrepreneurship is engaged in a large number of firms that create and / or sell a variety of goods. The market supply of a particular good is the result of joint activities firms that together make up the industry.
In organizational and economic terms, a firm (enterprise), firstly, is a complex of means of production that has technological unity, adapted for the manufacture of a specific product, and secondly, a team of workers interacting with each other on the basis of intra-production division of labor.
In socio-economic terms, the firm is a separate link, which is characterized by a certain set of relations both within the firm and with external entities in relation to it. The economic isolation of the company is based on the isolation of the resources of the enterprise and on their complete independent turnover, reimbursement of costs by the income received. The company has an independent balance sheet, which, in accordance with generally accepted rules, reflects the results of economic activity, and a bank account that records its cash costs and receipts. Due to isolation, the company acts as a business entity, i.e. is an active agent economic system, which disposes of the factors of production belonging to it and attracted for a while in accordance with its own economic interests.
The transition of our economy from a centrally controlled to a market economy fundamentally changes the position of the enterprise in the system economic relations. From the object of management, designed to implement the decisions of the center, it turns into an independent subject of economic activity. In the new economic conditions, the enterprise is transformed from a formal commodity producer into a full-fledged one: it produces goods for sale in the form of goods and builds its relations with other economic entities on the basis of purchase and sale.
As an economic and legal unit, a firm is a legal entity that has certain rights and obligations set out in the Enterprises Act.
For purposes economic analysis firms (enterprises) can be grouped according to the nature of activity, industry affiliation, forms of ownership, target orientation, organizational and legal forms and sizes.
By the nature of their activities, firms are divided into production and non-production.
By industry - industrial, agricultural, trade, transport, insurance, etc.
According to the forms of ownership, state, collective and private enterprises are distinguished.
According to the purposes of activity, enterprises are divided into commercial and non-commercial. The main purpose of the activity of the former is to extract profit, the latter are created to provide social services. Non-commercial (budgetary) include business entities that are maintained at the expense of republican and local budgets (schools, hospitals, courts, etc.). The economic activity of various public and religious organizations, charitable foundations, as a rule, pursues non-commercial goals.
Non-commercial enterprises also include consumer cooperatives, since their activities are aimed not so much at generating income as at providing assistance and assistance to members of the cooperative.
According to the organizational and legal form, unitary enterprises, business partnerships, joint-stock companies, production cooperatives are distinguished.
Unitary enterprises include enterprises owned by one owner (private owner, body state power or local government).
Partnerships (partnerships) are created by combining the capitals of several persons. They can be with full, mixed and limited liability. Members of a general partnership are jointly and severally liable with all their property for the obligations of the firm. In a partnership with mixed liability, along with those who bear full responsibility, there are participants (limited partners), whose liability is limited by their contribution. A limited liability company (LLC) is created as a partnership, the share participation of whose members is fixed in the memorandum of association, and each of them risks only within the limits of their contribution.
A joint-stock company (corporation) is a legal form of organization of a company, the capital of which is formed as a result of the combination of many individual capitals by issuing and selling shares. Shareholders (shareholders) are joint owners of the corporation, they bear the risk of losses only within the value of their shares.
Joint-stock companies are open (OJSC) and closed (CJSC). Stock open societies distributed by free sale, closed - among a predetermined circle of persons.
Production cooperatives are a special organizational and legal form of entrepreneurship. AT agriculture they were called collective farms, in other branches - people's enterprises. Distinctive feature production cooperative - the owner and employee act in one person. The income of the members of the cooperative has two sources - the fund wages, from which their labor as employees is paid, and income (profit), for a part of which they can claim as owners.
Firms are categorized into small, medium and large firms. The main parameters on the basis of which they are differentiated are the number of employees and the volume of production or sales. In world practice, as a rule, a small company with less than 100 employees is considered, and a large company with more than 500 employees. In accordance with the legislation of the Republic of Belarus, small firms include companies in industry with up to 200 employees, in construction - up to 50 people, in industries non-production sphere- up to 25 people.
In countries with developed market economies, the predominant number of enterprises are small, medium-sized firms are not so numerous, and at present there is a tendency to reduce their number. The bulk of the products in these countries are produced by large firms.
Large firms have very important advantages over small and medium businesses. They carry out mass production, which creates conditions for significant savings in production factors, and have great financial opportunities for conducting research and development and introducing their results into production.
Small enterprises can successfully coexist with large businesses due to their flexibility, ability to quickly respond to changing market conditions, and also thanks to support from the state.
Any company performs the following main functions:
organization and management of economic activity;
Entrepreneurial firm The subjects of entrepreneurial activity are both individuals and legal entities. Missing words must be inserted. The credo of entrepreneurial activity is ____________________, since the entrepreneur always acts on his ______ and ______ and all the consequences and ____________________ of activity fall on him - both profit and _______________. At the same time, the entrepreneur is not necessarily ___________________, first of all, it is ____________________________. He can use both his own funds and funds taken in ___________ or _________________. REFERENCE WORDS (on cards): rented, commercial success, fear, losses, risk, owner, debt, production organizer, results. The main form of organization of entrepreneurial activity in the sphere of production is the enterprise. An enterprise is an independent economic entity intended for the production of products, the performance of work and the provision of services. The foundations for creating an enterprise are: - ownership of property; - independence; - profitability. The independence of the enterprise lies in its status, that is, it must be a legal entity, have a Charter, a bank account, a seal, a legal address, and keep accounting records. Types of entrepreneurial activity. There are several types of entrepreneurial activity: industrial, commercial (trading), financial, insurance, mediation, advisory. Manufacturing business is the most difficult type of activity. For the production of any product or service, basic and working capital. Fixed assets: buildings, structures, equipment, machine tools, machines, vehicles, etc. They have been used for a long time. Current assets: raw materials, materials, semi-finished products (for example, screws, nuts, buttons, etc.). The entrepreneur must organize his production in such a way that the income received from the sale of goods covers the costs of maintaining fixed assets, the cost of purchasing materials and makes a profit. Commercial (commercial) entrepreneurship is an activity related to the purchase and sale of goods. Commerce - trade, merchant - a person engaged in trade. The product for merchants is the main factor of business. He receives income from the sale of goods purchased or taken from the manufacturer for sale at interest. Financial entrepreneurship The objects of sale and purchase are money, foreign currency, securities (shares, bonds). The essence of financial entrepreneurial activity is that the entrepreneur acquires the main factor (money, currency, securities) for a certain amount from the owner Money. It then sells the acquired funds to buyers for a fee higher than the original, resulting in income. Mediation. Closely related to other species. The intermediary does not produce, does not trade in goods, currency, etc. The object of the sale is the information that the intermediary receives from the manufacturer and transfers to the buyer. For this service he receives a reward. Insurance business. In the Soviet economy, there was only state insurance. With the transition to market relations, the insurance market arose. Includes voluntary forms of property insurance, personal health and life insurance, risk, liability and mandatory. The object of entrepreneurial activity is an insurance service that is sold for a fee. Insurance services are offered personally by the entrepreneur or through insurance agents. The insurer issues an insurance certificate to the policyholder. Consultative entrepreneurship In foreign practice, paid consultation is called consulting. It consists in providing advice on issues of economics and management. The main features of a legal entity 1. Organizational unity. This is a team with its structure and management procedures, which are reflected in the documents of the enterprise. 2. Separate property. This is the property of the enterprise - fixed and current assets that the enterprise can independently acquire, take into account, use, sell, write off, pay taxes. 3. Property liability. The company is responsible for its obligations. 4. Performance in civil affairs in one's own name. The company has the right to act on its own behalf in court as a plaintiff or defendant. Organizational and legal forms of entrepreneurial activity By type of ownership are divided into individual and collective. Individual forms include: individually labor activity, sole proprietorship and family business. Individual labor activity is carried out without the use of hired labor. Sole proprietorship - with the use of hired labor. Family business – all family members are the owners of the company, the profit is distributed depending on participation in the activity or in previously agreed shares. Advantages of an individual form: - - - complete independence and freedom; efficiency of management and decision-making; a direct and immediate incentive for the efficient operation of the enterprise. Disadvantages: - - difficulty in attracting large capitals; uncertainty of terms of activity; unlimited liability for debts; the sole owner cannot be a specialist in all aspects of production: supply, marketing, management, finance, which leads to making erroneous decisions. The collective form of entrepreneurship is carried out by a group of citizens on the basis of their own property and various forms attracting property of other individuals and legal entities. It includes: companies, partnerships, corporations, joint-stock companies. According to the nature of economic relations, companies are classified as having limited and unlimited liability. Main forms of entrepreneurship: Not commercial organization- an enterprise for which profit is not the main goal, but the profit received is used for self-development, achievement of specific results of the organization. it charity organisations, religious associations, public organizations, educational institutions. A business organization is a business. The main purpose of which is to make a profit and distribute it among all other participants. Limited Liability Company This is a business company founded by one or more persons, the authorized capital of which is divided into shares, the size of which is determined by the constituent documents; members of the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, their contributions. Partnerships This is an association of several persons for joint commercial activities, but not capital. There are full (open) partnerships and limited partnerships. General partnership Each partner participates in the affairs of the partnership and bears full responsibility for obligations not only with invested capital, but with all property. Limited partnership partners are liable only to the extent of their contribution (limited partners). Advantages of societies, partnerships: - - Easy to organize; Economic (material, labor, financial) opportunities increase many times over; There is an opportunity to attract qualified specialists to work. Disadvantages: - - - Limited in financial resources; ambiguous understanding of the goals of the activity; Unlimited liability of partners not only for their own decisions, but also for the consequences of the actions of others; The difficulty of determining the measure of each in the income or loss of the firm, the division of property. A corporation is a legal form of business created to protect any privileges of its members. For example, in the United States, this is how joint-stock companies are called. A joint-stock company is a company whose authorized capital is divided into a certain number of parts (shares) equal to the nominal value. There are two types of joint-stock companies: open and closed. Open - the company's shares are sold by open subscription. Anyone can buy them and become a member of the joint-stock company. Closed - shares are distributed by closed subscription among a certain circle of persons among members of the same collective, these shares are not subject to resale. The number of participants cannot exceed 50. Holding companies are a type of JSC, but with more complex structure. The purpose of the holding is control functions in relation to those companies in which it has controlling stakes. Production cooperatives are a voluntary association of citizens for joint production activities. The property consists of shares. Liability is limited to the size of the individual share. The profit is distributed among the participants in accordance with their labor participation. unitary enterprise is a commercial organization. who does not own the property. There can be only state or municipal enterprises. Advantages of JSC: Disadvantages of JSC: - - - - Members of the company bear limited liability; The procedure for the sale and purchase of a participation interest (shares) is simple; in the event of the death of a shareholder, his share passes to the heirs; This form is more effective for attracting additional capital for the development of production, that is, you can take a loan, i.e. issue more shares, sell them and raise capital. - - Establishment of a joint-stock company is a complex and time-consuming matter; Is an object of double taxation (as an independent legal entity pays tax on profits distributed among shareholders as a dividend, taxed again as personal income of citizens; Difficulty in making a single decision. What type of activity is characterized in this definition: "activities for the production of products, goods, performance of work and provision of services" A. Entrepreneurial activity; B. Production activity; B. Commercial activities; D. Private enterprise. The object of entrepreneurial activity is: A. production; B. legal entity; B. an individual; D. the most efficient combination of factors of production to increase income. Which of the following forms of organizations refers to commercial: A. production cooperative; B. consumer cooperative; B. Educational institutions; G. charitable societies. Can an individual entrepreneur engage in banking activities: A. yes; B. no. Economic terms and their definitions A security of a joint-stock company D. Activities related to the purchase and sale of goods. E. Organization with Divided Members' Contributions authorized capital created for profit. E. An organization that acquires shares in other companies. Name the type of firm that has the following advantages and disadvantages: Advantages: Easy to set up; Easy to control; The freedom of action; Less government regulation. Disadvantages: Difficult to find funds to expand the firm; Less stability of the company; The owner must carry out all the work of managing the firm. Name the type of firm that has the following advantages and disadvantages: Advantages: Easy to set up; It is possible to divide the management work; Easier to collect more large sums money for the development of the company; State regulation is not particularly strict. Disadvantages: Possible conflicts between partners; Withdrawal from the case of one of the partners requires re-registration of the company's documents; For large projects, it is extremely difficult to raise funds. Name the type of firm that has the following advantages and disadvantages: Advantages: Can raise huge capital by selling securities; Maximum stability of the company in case of change of its co-owners; Possibility of hiring professional managers. Disadvantages: You can lose control of the firm if someone buys a large amount of the firm's securities; Business owners are subject to double taxation.
CHAPTER 5. ORGANIZATIONAL AND LEGAL FORMS OF ENTREPRENEURSHIP
Test number 6. entrepreneurial firm
Choose the correct answer:
1. An entrepreneurial firm is a legal entity:
c) not always
2. An individual private entrepreneur must
create and register a legal entity
3. The participant and the founder of the company are the same person
a) yes
b) Not
4. The activity of an entrepreneurial firm is not
illegal if it is carried out without registration, but
pursues legitimate aims
a) yes
b) Not
5. Entrepreneurial activity is illegal
carried out without registration of a legal entity, the purpose of which
is to make a profit from the sale of alcoholic beverages
a) yes
b) Not
6. A non-profit organization may engage in
entrepreneurial activity
c) not always
7. Which of the following documents governs
entrepreneurial activity in Russia:
a) - Law "On LLC"
b) - Law "On JSC"
c) Civil Code
d) - Constitution
e) Criminal Code
e)- tax code
g) - Law "On foreign investment»
8. Which of the following criteria are qualitative
criteria for classifying entrepreneurial firms:
a)- Form and type of ownership
b) - The form and nature of management in the enterprise
c) - Number of employees
d) - Annual turnover of capital
e) - Availability of highly qualified personnel
f) - The nature of entrepreneurial activity
9. In Russia, there are no separate laws on small
businesses, but small businesses are supported behind the scenes on
state level
10. The main advantage of a small business is
availability of tax incentives and the ability to accept
quick decisions, quickly change to the production of another
product that is in high demand
c) not always
11. The main disadvantage of a small business when
specialization of its activity is mobility
Test number 7. Organizational and legal forms of entrepreneurial
Activities
Choose the correct answer:
1. Legal capacity - lies in the fact that citizens can
own property, inherit and bequeath
him, engage in business and any other not prohibited
law activities; create legal entities and participate
in them; make any transactions that do not contradict the law and
actions; free choice of residence
a) yes
b) Not
2. Legal capacity - the ability of a citizen to acquire
property rights and exercise civil rights,
create civic obligations for themselves and fulfill them. AT
in full occurs upon reaching:
a) 14 years,
b) 16 years
c) 18 years
3. Select the right one: an entrepreneurial firm is:
b) Organization, participants, which decided to engage in legal
entrepreneurial activity
c) Legal entities registered in the established
okay
d) Duly registered individuals
4. Round seal, stamp, self-balance,
legal address, full company name - are
mandatory features of a legal entity:
5. The legal address of a legal entity must match
actual
a) yes
b) Not
6. The Civil Code contains the following terms:
a) legal entity
b) Entrepreneurial firm
G) Individual
e) Legal capacity of a legal entity
7. If an entrepreneurial firm is formed to open
bank accounts for the purpose of carrying out foreign exchange and other
transfers, then the activity of such a firm is considered:
a) legal
b) illegal
c) Other
8. Non-profit organizations can be prosecuted as
its main goal is to make a profit. Such a goal would
be considered:
a) legal
b) illegal
9. Income from business activities
non-profit organization sent to the construction
health complex for municipal authorities. This
operation is considered:
a) legal
b) illegal
10. Non-profit organizations, just like commercial ones
considered profitable:
Test No. 8. Enterprises created on the basis of a collective
property
Choose the correct answer:
1. The objectives of the activities of enterprises of collective forms:
a) Making a profit
b) The ability to transfer the case by inheritance,
c) Satisfying the needs of society,
d) Support for the poor.
2. Collective property - property owned
simultaneously to several persons with the determination of the share of each of them
(participatory ownership) or without certain shares (joint
own).
c) not always
3. A general partnership is an enterprise, participants
whom (general partners) act in accordance with
the agreement concluded between them, are engaged in
entrepreneurial activities and are responsible for
obligations of the partnership with a certain part of his personal
property
4. A production cooperative (artel) is recognized
voluntary association of citizens on the basis of: membership for
joint production or other economic
activities, personal work, association of its members
property shares:
5. Activities of a partner company in Russia
regulated by the CCRF:
6. A partnership company is created on the basis of an agreement,
which regulates the obligations of partners and the procedure
distribution of profits, and all other moments of business
relations are governed by the laws of the country
7. People's enterprises abroad arise through
the procedure for the redemption of the property of the enterprise by the labor collective from
previous owners:
8. Non-profit enterprises are:
a) a production cooperative,
b) Consumer cooperative,
c) Public organizations,
e) General partnerships,
f) Joint stock companies,
and) State enterprises.
9. Identify sources of funding for non-state
educational institutions:
a) the state
b) Foreign organizations,
d) State enterprises,
e) Criminal structures,
e) Political parties.
10. Political organizations do not have the right to control
own property and engage in business
activities
Missing words must be inserted. The credo of entrepreneurial activity is ____________________, since the entrepreneur always acts on his ______ and ______ and all the consequences and ____________________ of activity fall on him - both profit and _______________. At the same time, the entrepreneur is not necessarily ___________________, first of all, it is ____________________________. He can use both his own funds and funds taken in ___________ or _________________. REFERENCE WORDS (on cards): rented, commercial success, fear, losses, risk, owner, debt, production organizer, results.
Manufacturing business is the most difficult type of activity. For the production of any product or service, fixed and working capital is needed. Fixed assets: buildings, structures, equipment, machines, machines, vehicles etc. They are used long time. Current assets: raw materials, materials, semi-finished products (for example, screws, nuts, buttons, etc.). The entrepreneur must organize his production in such a way that the income received from the sale of goods covers the costs of maintaining fixed assets, the cost of purchasing materials and makes a profit.
Commercial (trade) entrepreneurship is an activity related to the purchase and sale of goods. Commerce - trade, merchant - a person engaged in trade. The product for merchants is the main factor of business. He receives income from the sale of goods purchased or taken from the manufacturer for sale at interest.
Financial entrepreneurship The objects of sale and purchase are money, foreign currency, securities (shares, bonds). The essence of financial entrepreneurial activity is that the entrepreneur acquires the main factor (money, currency, securities) for a certain amount from the owner of the funds. It then sells the acquired funds to buyers for a fee higher than the original, resulting in income.
Mediation. Closely related to other species. The intermediary does not produce, does not trade in goods, currency, etc. object purchase and sale is the information that the intermediary receives from the manufacturer and transfers to the buyer. For this service he receives a reward.
Insurance business. In the Soviet economy, there was only state insurance. With the transition to market relations, the insurance market arose. Includes voluntary forms of property insurance, personal health and life insurance, risk, liability and mandatory. The object of entrepreneurial activity is an insurance service that is sold for a fee. Insurance services are offered personally by the entrepreneur or through insurance agents. The insurer issues an insurance certificate to the policyholder.
The main features of a legal entity 1. Organizational unity. This is a team with its structure and management procedures, which are reflected in the documents of the enterprise. 2. Separate property. This is the property of the enterprise - fixed and current assets that the enterprise can independently acquire, take into account, use, sell, write off, pay taxes. 3. Property liability. The company is responsible for its obligations. 4. Speaking in civil cases on your own behalf. The company has the right to act on its own behalf in court as a plaintiff or defendant.
Organizational and legal forms of entrepreneurial activity By type of ownership are divided into individual and collective. Individual forms include: self-employment, sole proprietorship and family business.
Individual labor activity is carried out without the use of hired labor. Sole proprietorship - with the use of hired labor. Family business – all family members are the owners of the company, the profit is distributed depending on participation in the activity or in previously agreed shares.
Disadvantages: - difficult to attract big capital; - uncertainty of terms of activity; - unlimited liability for debts; - the sole owner cannot be a specialist in all matters of production: supply, marketing, management, finance, which leads to making erroneous decisions.
The collective form of entrepreneurship is carried out by a group of citizens on the basis of their own property and various forms of attracting the property of other individuals and legal entities. It includes: companies, partnerships, corporations, joint-stock companies. According to the nature of economic relations, companies are classified as having limited and unlimited liability.
Basic forms of entrepreneurship: A non-profit organization is an enterprise for which making a profit is not the main goal, but the profit received is used for self-development, achievement of specific results of the organization. These are charitable organizations, religious associations, public organizations, educational institutions. A non-profit organization is an enterprise for which making a profit is not the main goal, but the profit received is used for self-development, achieving specific results of the organization. These are charitable organizations, religious associations, public organizations, educational institutions. A business organization is a business. The main purpose of which is to make a profit and distribute it among all other participants. A business organization is a business. The main purpose of which is to make a profit and distribute it among all other participants.
Limited Liability Company - This is a business company founded by one or more persons, the authorized capital of which is divided into shares, the size of which is determined by the constituent documents; members of the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, their contributions.
Advantages of societies, partnerships: - Easy to organize; - Economic (material, labor, financial) opportunities increase many times; - There is an opportunity to attract qualified specialists to work. Disadvantages: - Limited financial resources; - ambiguous understanding of the goals of the activity; - Unlimited liability of partners not only for their own decisions, but also for the consequences of the actions of others; - The complexity of determining the measure of each in the income or loss of the company, the division of property.
A corporation is a legal form of business created to protect any privileges of its members. For example, in the United States, this is how joint-stock companies are called. A joint-stock company is a company whose authorized capital is divided into a certain number of parts (shares) equal to the nominal value. There are two types of joint-stock companies: open and closed. Open - the company's shares are sold by open subscription. Anyone can buy them and become a member of the joint-stock company. Closed - shares are distributed by closed subscription among a certain circle of persons among members of the same collective, these shares are not subject to resale. The number of participants cannot exceed 50.
Holding companies are a type of JSC, but with a more complex structure. The purpose of the holding is control functions in relation to those companies in which it has controlling stakes. Production cooperatives are a voluntary association of citizens for joint production activities. The property consists of shares. Liability is limited to the size of the individual share. The profit is distributed among the participants in accordance with their labor participation. A unitary enterprise is a commercial organization. who does not own the property. There can be only state or municipal enterprises.
Advantages of JSC: - Members of the company have limited liability; - The procedure for the purchase and sale of a participation interest (shares) is simple; in the event of the death of a shareholder, his share passes to the heirs; - This form is more effective for attracting additional capital for the development of production, that is, you can take a loan, i.e. issue more shares, sell them and raise capital. Disadvantages of joint-stock companies: - Establishment of a joint-stock company is a complex and time-consuming matter; - Is an object of double taxation (as an independent legal entity pays tax on profits distributed among shareholders as a dividend, taxed again as personal income of citizens; - Difficulty in making a single decision.
What type of activity is characterized in this definition: “activities for the production of products, goods, performance of work and provision of services” A. Entrepreneurial activity; B. Production activities; B. Commercial activities; D. Private enterprise.
Economic terms and their definitions A. 1. Partnership 2. Share 3. Holding company 4. Authorized capital 5. Policy holder 6. Commercial enterprise C. Joint-stock company security D. Activities related to the purchase and sale of goods. E. An organization with an authorized capital divided into contributions of participants, created to make a profit. E. An organization that acquires shares in other companies.
Name the type of firm that has the following advantages and disadvantages: Advantages: Advantages: Easy to set up; Easy to create; Easy to control; Easy to control; The freedom of action; The freedom of action; Less government regulation. Less government regulation. Disadvantages: Disadvantages: Difficult to find funds to expand the firm; It is difficult to find funds to expand the firm; Less stability of the company; Less stability of the company; The owner must carry out all the work of managing the firm. The owner must carry out all the work of managing the firm.
Name the type of firm that has the following advantages and disadvantages: Advantages: Advantages: Easy to set up; Easy to create; It is possible to divide the management work; It is possible to divide the management work; It is easier to raise larger sums of money for the development of the firm; It is easier to raise larger sums of money for the development of the firm; State regulation is not particularly strict. State regulation is not particularly strict. Disadvantages: Disadvantages: Possible conflicts between partners; Possible conflicts between partners; Withdrawal from the case of one of the partners requires re-registration of the company's documents; Withdrawal from the case of one of the partners requires re-registration of the company's documents; For large projects, it is extremely difficult to raise funds. For large projects, it is extremely difficult to raise funds.
Name the type of firm that has the following strengths and weaknesses: Strengths: Strengths: Huge capital can be raised by selling securities; You can raise huge capital by selling securities; Maximum stability of the company in case of change of its co-owners; Maximum stability of the company in case of change of its co-owners; Possibility of hiring professional managers. Possibility of hiring professional managers. Disadvantages: Disadvantages: You can lose control of the firm if someone buys a large number of company's securities; It is possible to lose control of a firm if someone buys a large amount of the firm's securities; Business owners are subject to double taxation. Business owners are subject to double taxation.
The entrepreneurial firm, along with consumers and the state, is an important element of the business process.
The term "entrepreneurial firm" is absent in all legislative documents of our country. Meanwhile, it is fundamental in the characterization of entrepreneurial business in many countries with market economies. This term expresses the official status of the entrepreneur, which allows him to be a full participant business relations.
In Russia, an entrepreneurial firm can be created in two forms:
1) an enterprise (institution or organization), i.e. a legal entity (see below);
2) activities of private individuals registered as entrepreneurs without forming a legal entity (PBOYuL - see below).
Thus, the transformation of an entrepreneur into a legal entity or PBOYuL is identical to the creation of an entrepreneurial firm.
Based on the practical activities of an entrepreneurial firm, the following definition can be given:
entrepreneurial firmis an independent business entity. Its independence is manifested in the areas of production and expenditure of resources, intermediary activities, disposal of products and profits left after paying taxes and other obligatory payments.
An entrepreneurial firm can produce any product, sell it, engage in intermediary activities (not related to the production of products) and any other activity not prohibited by law. Whatever enterprises or PBOYuL do, their activities are regulated by law, that is, their behavior in the market must comply with the norms and rules of the law. An entrepreneurial firm operates in all areas of production, sales, replenishment of intermediary operations, provision of services: in this sense, its activities are universal, that is, there is no division into areas of activity of entrepreneurial firms.
An entrepreneurial firm has an official status in society, which assigns certain rights and obligations to it. To protect these rights and ensure the fulfillment of obligations to consumers, the state and other business entities, an entrepreneurial firm needs to obtain official status, legal registration and consolidation of it. The status of an entrepreneurial firm is determined by the following points:
It is an economic entity of the market, that is, it has the right to independently conduct economic activity;
Carries out activities related to the production of goods or services, the sale of goods or services, the performance of work;
Has property that is separate from the property of its participants: has a separate economic turnover;
Is a full participant in business relations.
The law guarantees the non-intervention of authorities government controlled and other entrepreneurs in the direct management of the company. However, there are cases when the state, with the help of the law, can install its managers at a particular enterprise. These cases refer to state regulation competition in the market and limiting attempts to monopolize the market. You will learn about such cases in the "Competition" section of this tutorial.
Entrepreneurial firms are also guaranteed the right to apply to a court or state arbitration with an application for the recognition of invalid or unlawful acts of any state bodies and actions of officials relating to it. In this case, the company has the right to demand compensation for the damage caused to it, including lost profits. Respondents in these cases can be recognized as state bodies as a whole and individual officials who violated the rights of an entrepreneurial firm by their instructions. In addition, the improper performance by these bodies or officials of their duties in relation to the affected business firm can also be recognized as the basis for compensation for damage. Enterprises, PBOYuL and individual consumers can win a dispute in court with government bodies, other businesses or individuals can also challenge the rules and regulations established by law in court. The latter applies even to federal laws and codes.
The activities of entrepreneurial firms are regulated in our country by a number of legislative documents:
1. Civil Code of the Russian Federation;
2. Code of Civil Procedure of the Russian Federation (CPC RF);
3. Arbitration Code of the Russian Federation;
4. federal law"About joint-stock companies» No. 208-FZ;
5. Federal Law "On Limited Liability Companies" No. 14-FZ;
6. Federal Law “On Foreign Investments” No. 160-FZ;
7. Federal Law "On Insolvency (Bankruptcy)" No. 6-FZ;
8. Federal Law "On state support small business in the Russian Federation” No. 88-FZ.
The main of these documents is the Civil Code of the Russian Federation (CC RF). The remaining documents develop, supplement and explain the main provisions in the regulation of entrepreneurial activity that are affected by the Civil Code of the Russian Federation.
Entrepreneurial firms are created for the implementation of different goals:
1. Legalization of entrepreneurial activity.
2. Practical application diverse potential (property, production, commercial, financial, labor, intellectual) in order to create, process, resell goods or provide services.
If these are the goals of establishing a firm, then legislation makes possible the normal functioning of the company and guarantees the observance of its rights as a sovereign business entity.
However, an entrepreneurial firm can be created for other purposes. An entrepreneur may have different goals, for example:
- the company is created to open ruble and foreign currency accounts in banks, for the implementation of foreign exchange and other transfers (transfer of funds);
- the company is created for "laundering", i.e. legalization of funds that initially arose as a result of criminal acts (robbery, robbery, extortion, racketeering, etc.);
The company appears as a front for the activities of other companies engaged in illegal business or violating certain laws - in this case, the founders of the company are interested in the possibility of obtaining an office, loans, orders, the possibility of investing funds by an enterprise that has a spotless reputation.
Questions for self-control