Commercial activity. Companies with additional liability, team partnerships (lecture notes)

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Commercial activity. Companies with additional liability, team partnerships (lecture notes)

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35. Companies with additional liability, team partnerships

Additional liability company - a company founded by one or more participants who have combined their contributions to the common authorized capital.

The authorized capital is formed from the shares of the company's participants. Members' shares have a nominal value. The authorized capital of an additional liability company has an equity division, the size of the shares is determined by the constituent documents.

The members of this society are liable with their own property in accordance with the amount of their contribution. When organizing a company with additional liability, constituent documents are created in the form of an agreement and a charter, which fix the obligations and rights of participants.

According to the founding documents of the company, in the event of the bankruptcy of one of its members, its responsibility is redistributed among the remaining members of the company, depending on the value of the funds invested by them.

Limited partnerships

A limited partnership is an intermediate form between a general partnership and a limited liability company. A limited partnership is called a limited partnership.

In a limited partnership, entrepreneurial activity is carried out by participants who are liable with their property for the obligations of the charter of the partnership.

Limited partnerships may include several legal or civil entities that conclude an agreement with each other for the purpose of jointly conducting economic activities. Participants in limited partnerships are divided into contributor members (limited partners) and general partners (complementary partners).

Members-contributors (limited partners) bear limited liability, responding only to their share invested in the common capital. They do not take part in the management of the company's business activities. Full members bear full responsibility with all their property.

Each participant in a limited partnership is obliged to contribute to the common capital. Members-contributors are only entitled to receive profits, not being able to take part in the management of the partnership. General partners have the right to manage the partnership.

A limited partnership as an organizational and legal form was formed in 1991 and is not yet widespread.

The partnership may include a minimum number of participants, starting from two people, one of whom must be a contributing member and the other a general partner. This form of business organization can be convenient for bringing together rich people who are ready to invest in a profitable business, and people who are poor but have promising ideas.

Authors: Egorova E.N., Loginova E.Yu.

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