Table of contents (expand)
- Subject, method and principles of commercial law
- Trade Law
- Non-legislative sources
- State control over compliance with the rules of commercial activity
- Protection against illegal actions of regulatory authorities
- Individual entrepreneur
- Responsibility of an individual entrepreneur. Termination of its activity
- Commercial organizations
- Separate and non-separate divisions
- Objects of civil rights of an entrepreneur
- Money (currency) and securities
- Real estate. Works and services. Accounts receivable. debts
- Product concept
- Means of individualization of a commercial organization
- Means of individualization of products, goods, works or services
- The concept of a commodity market
- Structure and infrastructure of the commodity market
- Markets of perfect and imperfect competition. Protection of competition
- The concept of competition under Russian law
- Abuse of an economic entity by its dominant position
- Commodity exchange
- Features of exchange trading
- Auction house. auction trading
- Organization of auction trade. Auction technique
- wholesale fair
- Commercial commitment
- Classification of commercial obligations
- Commercial transaction: concept and types
- Contract in commercial activity
- Content of the contract
- Form of contract
- Interpretation of the contract. Registration of the contract
- Ways to conclude a contract
- Change and termination of the contract. Change of persons in obligation
- Types of civil law contracts used in commercial activities
- The concept and types of commercial contracts
- The concept of the sale of goods, works or services. Implementation agreement
- Barter agreement
- Trade credit agreement
- Legal regulation of contractual relations. Preamble to the treaty
- Identification of the legal status of the counterparty in the transaction
- subject of a contract
- Product quality
- Packaging and labeling
- Assortment, completeness and set of goods. Delivery time
- The main obligations of the parties. Time of transfer of ownership
- The difference between a supply contract and a retail sale contract
- Price basis
- Principles for determining the price of goods, works or services for tax purposes
- Form of non-cash payments. Settlements by payment orders
- Settlements by letter of credit, by collection, by checks
- Information constituting a trade secret
- Responsibility and procedure for settling disputes of entrepreneurs
- Ways to ensure the fulfillment of contractual obligations
- Penalty
- Pledge and retention
- Surety agreement. Deposit
- Bank guarantee
- Operational measures. Options for the supplier in case of violation of obligations by the payer
- Options for the payer in case of violation of obligations by the supplier
- Termination of obligations under the contract
- Commercial representation
- Commercial mediation. Labor representation
- Contract of agency
- Commission agreement
- Agency contract
- Transportation of goods. Contract for the carriage of goods
- Agreement on the organization of cargo transportation. Chartering agreement (charter). Freight Forwarding Agreement
- The concept and types of warehouse services
- Warehousing agreement
- Warehouse receipts
- The concept and general characteristics of franchising. Commercial concession agreement
- Varieties of franchising
- Benefits of franchising as a type of business activity for its participants
- The concept of marketing activities
- Concept, principles, types and goals of marketing research. Sources of information
9. SEPARATED AND NON-SEPARATED SUBDIVISIONS
Company division - this is an organizational element of its structure, which does not have the status of a legal entity, which implements individual internal and (or) external functions of the company.
Among the divisions of commercial organizations, two main types are distinguished in terms of participation in economic turnover - isolated (representative office, branch, branch) and non-isolated (management, department, department).
In Art. 11 of the Tax Code states that separate subdivision organization - any subdivision territorially isolated from it, at the location of which stationary workplaces are equipped. A separate subdivision of an organization is recognized as such regardless of whether or not its creation is reflected in the constituent or other organizational and administrative documents of the organization, and on the powers vested in the specified subdivision. At the same time, the workplace is considered stationary if it is created for a period of more than one month.
The most common departments whose activities are not intended for external contacts of the firm.
Department - this is a non-separate subdivision of a legal entity, which is located at the location of the legal entity.
Creation offices indicates that the company, pursuing the goals of decentralization of management, begins to separate the activities of any unit, imposing on it the performance of separate external functions and giving it more independence, including formalizing the rights of the head of the department with a power of attorney. But since the branch is located at the location of the legal entity, it is not a branch.
Representation is a separate subdivision of a legal entity located outside its location; represents the interests of a legal entity and protects them (Article 55 of the Civil Code).
Branch located outside the location of the legal entity and performs all of its functions or part of them, including the functions of representation (Article 55 of the Civil Code).
A representative office and a branch are united by the following features:
▪ territorial and property isolation;
▪ when creating a branch or representative office, the organization transfers to them part of the property, which is reflected on a separate balance sheet of the created division. In this case, the property remains the property of the legal entity;
▪ a branch or representative office can act in commercial transactions only on behalf of a legal entity in accordance with the internal regulations (regulations) of this legal entity;
▪ a branch or representative office is designated in the charter of the legal entity and acts in accordance with the powers specified in the power of attorney addressed to its head;
▪ the function of representing the interests of a legal entity and protecting them.
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