Civil law. Parts I, III and IV. Unitary (state and municipal) enterprises. Nonprofit organizations (most important)

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Civil law. Parts I, III and IV. Unitary (state and municipal) enterprises. Nonprofit organizations (most important)

Lecture notes, cheat sheets

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15. UNITARY (STATE AND MUNICIPAL) ENTERPRISES. NON-PROFIT ORGANIZATIONS

Unitary enterprise - a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible, cannot be distributed among contributions (shares, shares), including among employees of the enterprise.

The charter of a unitary enterprise must contain, in addition to all the information required for the charters, also information about the subject and goals of the enterprise, the size of the authorized fund of the unitary enterprise, the procedure and sources for its formation.

Only state and municipal enterprises can be created in the form of a unitary enterprise. The property of a unitary enterprise is, respectively, in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management. The firm name of a unitary enterprise must contain an indication of the owner of its property.

The body of a unitary enterprise is the head (appointed by the owner or a body authorized by the owner and accountable to him). A unitary enterprise is liable for its obligations with all its property: it is not liable for the obligations of the owner of its property.

Nonprofits - legal entities that do not pursue the goal of making profit as the main goal of their activities and do not distribute profits among their participants. All non-profit organizations have a special legal capacity, the content of which depends on the goals of creating a particular legal entity and its organizational and legal form.

The goals of creating non-profit organizations: social, charitable, cultural, educational, scientific, managerial, health protection of citizens, development of physical culture and sports, satisfaction of spiritual and other non-material needs, other goals aimed at achieving public benefits.

A non-profit organization may carry out commercial activities only insofar as this serves to achieve the goals for which it was created. Profitable production of goods and services, acquisition and sale of securities, property and non-property rights, participation in economic companies and limited partnerships as a contributor are recognized as such activities. Restrictions may be imposed on the entrepreneurial activities of certain types of organizations.

The existing organizational and legal forms of non-profit organizations differ not in the specifics of their legal structure (circle of participants, legal relations between them and the organization, features of the formation and maintenance of the property base, management bodies, etc.), but in the specifics of the organization’s field of activity (consumer cooperatives, foundations, charities, etc.).

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