Civil law. A common part. The concept and forms of business partnerships and societies (the most important)

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Civil law. A common part. The concept and forms of business partnerships and societies (the most important)

Lecture notes, cheat sheets

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8. CONCEPT AND FORMS OF ECONOMIC PARTNERSHIPS AND COMPANIES

Business partnerships and companies - commercial organizations with authorized capital divided into shares of founders. The property created at the expense of the contributions of the founders, as well as produced and acquired by a business partnership or company in the course of its activity, belongs to it by the right of ownership. Anything that has a valuation can be a contribution to property: property rights, securities, money, property in kind, etc.

The difference between a partnership and a society is that a partnership is an association of persons not only by capital, but also by its activities, and a company is only an association of monetary and other financial investments. Business partnerships: general partnerships and limited partnerships.

Members full partnership (general partners) in accordance with the agreement concluded between them, carry out entrepreneurial activities on behalf of the partnership and in its interests and are liable for the obligations of the partnership with their property.

Unless otherwise provided by the founding agreement, each participant in a general partnership has the right to act on behalf of the partnership in relations with surrounding persons, otherwise it is possible for all partners to conduct business jointly or to entrust their conduct to individual partners.

Each member of a general partnership has the right to receive income from the profits of the partnership in the amount established by the memorandum of association. A participant in a general partnership has the right to withdraw from it by declaring his refusal to participate in the partnership.

Limited partnership (limited partnership) - a legal entity in which, along with general partners, there are persons who are not engaged in entrepreneurial activities on behalf of the partnership, but who have made their contributions to it and are liable for the obligations of the partnership in proportion to these contributions. Characteristic features of a partnership based on faith: the management of the affairs of the partnership is carried out only by full partners; investors are obliged to make contributions of a certain value to the share capital, which is certified by certificates of participation issued to them; contributors have the right to receive a part of the partnership's profit attributable to their share in the share capital.

Business companies: joint-stock companies, limited liability companies, additional liability companies.

Stock companies - legal entities, the authorized capital of which is divided into a certain number of shares. Shares of an open joint stock company may be alienated by their owner without the consent of the other members of the company.

In a closed joint-stock company, shares are subject to distribution among the founders of the company or among other predetermined circle of persons.

Limited Liability Company - a legal entity created by one or more persons, the charter of which is divided into certain shares. Participants in such a company are not liable for its obligations and bear the risk of losses only within the limits of their share.

Additional liability company - a legal entity with a capital divided into shares, whose participants jointly and severally bear subsidiary liability for its obligations.

Author: Stepanova O.N.

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