Corporate law. The concept of business partnerships and societies (corporations) (the most important)

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Corporate law. The concept of business partnerships and societies (corporations) (the most important)

Lecture notes, cheat sheets

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23. The concept of business partnerships and companies (corporations)

In accordance with the Civil Code of the Russian Federation, business partnerships and companies are recognized as commercial organizations with an authorized (share) capital divided into shares (contributions) of founders (participants). Thus, economic entities have the following characteristics:

1) economic partnerships are created in the form of partnerships or companies;

2) business partnerships and companies are commercial organizations;

3) business partnerships have an authorized capital divided into shares of the founders.

Economic organizations are understood as organizations engaged in economic activities. Economic activity includes entrepreneurship, the subjects of corporate legal relations carry out entrepreneurial activity.

In the Russian Federation, there are two types of economic entities: partnerships and companies, among which there are several subspecies.

A business partnership is an association on the basis of capital, a business partnership is an association of certain persons, where the personal factor is taken as the basis. The founding document of a business partnership is the founding agreement. In an economic society - the charter. Management in a business partnership is carried out by the participants of the partnership directly, while a complex management apparatus operates in a company. Only commercial organizations and individual entrepreneurs can be participants in a partnership. The material liability of partners is not limited. The liability of the members of the company is limited to the extent of their shares in the joint capital of the company.

Economic partnerships and companies are endowed with property belonging to them on the basis of ownership. The property of economic partnerships and companies consists of the contributions of their founders (participants).

Business partnerships and companies have a different composition of participants.

There are two types of business partnerships. Business partnerships can be created in the form of a general partnership and a limited partnership (limited partnership).

Business companies may be created in the form of a joint-stock company, a limited liability company or an additional liability company.

Participants in general partnerships and general partners in limited partnerships may be individual entrepreneurs and (or) commercial organizations.

Participants in business companies and investors in limited partnerships can be citizens and legal entities. State bodies and local government bodies do not have the right to act as participants in business companies and investors in limited partnerships, unless otherwise provided by law.

The law may prohibit or restrict the participation of certain categories of citizens in business partnerships and companies, with the exception of open joint-stock companies.

Author: Sazykin A.V.

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