ENTERPRISE (ORGANIZATION) AS AN ECONOMIC SUBJECT

The essence and significance of entrepreneurial activity

Entrepreneurship development is an integral feature of a market economy. Entrepreneurship is defined by civil law as “an independent activity carried out at one’s own risk, aimed at systematically making a profit from the use of property, the sale of goods, the performance of work or the provision of services by persons registered in this capacity in the manner prescribed by law” (Civil Code of the Russian Federation, Part 1, Art. 2, item 1).

Business entities can be both individuals (citizens) and legal entities (organizations).

The most important characteristics entrepreneurial activity are:

• autonomy of business entities. This means that the economic entity is free to choose the types of activities, methods of using economic resources, to determine the volume economic activity, in the choice of economic partners. He independently manages economic and financial activities, makes decisions, is responsible for his obligations;
• risky nature of the activity. In a market economy, risk is an objective phenomenon due to the uncertainty of the economic environment, the presence of competition. However, some risk parameters depend on the subjectivity management decisions;
• economic interest. This interest is expressed in the desire to increase the value of the enterprise, maximizing profits. At the same time, the economic interest of an economic entity in the process of entrepreneurial activity ultimately benefits the whole society. Firstly, it is possible to make a profit only by selling the goods that the consumer needs, corresponding to demand; secondly, the development of economic activity contributes to the growth of employment of the population, an increase in the income of both entrepreneurs and employees; thirdly, part of the income received in the process of entrepreneurial activity in the form of taxes replenishes the state budget;
• reliance on innovation. Innovations are of great importance in the development of the economy, and in modern conditions the role of innovations is increasing. Firstly, this is due to the very nature of market relations, competitive environment; secondly, innovation becomes fundamental economic growth, deep qualitative transformations. Innovative activity is aimed at finding and implementing innovations in order to expand the range, improve the quality of products (services), improve technology and organization of production, and ultimately increase efficiency. This creative, search activity reforms production and other spheres of the economy. Despite the fact that innovations are associated with a certain risk, relying on them allows the entrepreneur to remain competitive.

Entrepreneurial activity is associated with the implementation of important functions for the country's economy, the main of which are:

• - unification of economic resources into a single economic process;
• - ensuring efficient use of resources (factors of production);
• - ensuring the innovative development of the economy, the use of innovations at all stages of business (organization, management, production processes, marketing, etc.).

Certain economic, social, legal and other conditions are necessary for the development of entrepreneurship.

The economic conditions for the expansion of entrepreneurship are: the presence of a stable demand for goods and services, the availability and availability of financial resources, the level of return on invested capital, the free market for means of production, the development of market infrastructure (banks, exchanges, communications, transport service, warehousing, etc.).

FROM economic conditions connected social conditions development of entrepreneurship - the attitude of members of society to work, the amount of wages, working conditions, life, life, entrepreneurship, the desire to purchase goods and services that meet a certain lifestyle. important social role plays in the development of entrepreneurship professional training entrepreneurs, the formation of a certain socio-cultural business environment, social responsibility entrepreneur.

Any entrepreneurial activity develops in a certain legal environment. First of all, these are laws regulating entrepreneurship, creating favorable conditions for its development, procedures for opening and registering enterprises, tax and antitrust laws, etc.

Entrepreneurship can be carried out in different types. By type (or purpose), entrepreneurial activity can be divided into production, commercial (trade), financial, consulting, etc. These activities can be carried out separately or together, for example, production and trade.

Industrial entrepreneurship includes activities aimed at the production of products, the performance of work, the provision of industrial services.

Financial entrepreneurship can be considered as a kind of commercial entrepreneurship, where the object of sale is a special product: money, foreign currency, securities (stocks, bonds, bills, etc.). AT financial entrepreneurship the role of commercial banks, stock exchanges, insurance, leasing companies is great.

Currently, consulting activities (consulting) are singled out as an independent type of entrepreneurship. The consulting business consists of providing, for a fee, independent advice and assistance on management issues, including advice on solving internal problems and realizing the market opportunities of enterprises. Highest value in modern conditions have consultations on the problems of developing a strategy for the development of enterprises, marketing, innovation activities, lawyer consulting.

The main business entities are organizations (enterprises) - legal entities. However, it is currently common individual entrepreneurship individuals, especially in the field of trade, provision of services to the population.

The most important subject of a market economy are organizations engaged in the production of goods and services and (or) their sale. In this regard, the organization is the general name of any economic production unit: firms, enterprises. And since, in its structure, a firm can consist of both one enterprise and include a number of enterprises, it will be incorrect in all cases to use the concepts of “firm” and “enterprise” as synonyms. This is justified only in the case when a firm is understood as an independent production unit consisting of one enterprise. But only. When does a company mean large corporation, which is a complex of a number of enterprises, the independence of which, although limited, is preserved, then the identification of the concepts of "firm" and "enterprise" is unacceptable.

The production of goods and services for which there is demand is carried out by a variety of enterprises (firms).

An enterprise (firm) is an economic unit that owns or owns and manages separate property and has rights that allow it to perform specific functions for the production and (or) sale of goods and services under its property responsibility for the purpose of making a profit or providing social significant services. Depending on the purpose of functioning, enterprises (firms) are divided into commercial, striving to maximize profits, and non-commercial, functioning to provide various kinds of socially significant services available to the general population, regardless of their income (education, healthcare, culture, urban passenger transport, etc.). etc.).

An enterprise (firm) as a form of organization of production and economic activity is the main production and economic link in the economy, since it is it that is engaged in the creation of economic benefits and (or) their implementation. As a production and economic link, an enterprise (firm) is characterized by technical, industrial and organizational unity. On the one hand, an enterprise (firm) is a complex of means of production with technological unity, adapted to create certain economic benefits. On the other hand, an enterprise (firm) is a team of workers connected with each other in the production process by labor cooperation and common economic interests. Within the framework of this technical, production and organizational unity, an enterprise (firm) acts as an economically separate business entity.

Economic isolation is the most important sign enterprises. It is due to the essential nature of the enterprise as a commodity producer, carrying out its individual reproduction. The economic isolation of the enterprise is manifested in the isolation of the resources of the enterprise and their independent movement in the process of reproduction; in the implementation of this reproduction due to the results of management on the principles of self-sufficiency; in the presence of their specific interests and their purpose of management. The economic isolation of an enterprise implies economic independence, the degree of which to a certain extent depends on the place of the enterprise in the system of property relations, on what appropriation functions (possession, disposal and use) are implemented by the entities engaged in economic activities at the enterprise. Along with the form of ownership within which the enterprise operates, the degree of its economic independence is determined by the regulations of the relevant superstructural institutions that regulate the activities of the enterprise. The target orientation of such acts, for example, in relation to large and small, public and private enterprises can be very different. And therefore, the degree of their economic independence will also be different.

AT market economy many various enterprises(firms), which requires their classification depending on certain criteria. These may be the type of activity, industry, or products; organizational- legal form; dimensions; form of ownership, etc.

Organizational and legal forms of enterprises. Any enterprise, in order to be able to engage in entrepreneurial activities, must be registered in the appropriate legal form. Depending on the organizational and legal form, sole proprietorship (individual entrepreneurship) and an association of entrepreneurs are distinguished.

Sole proprietorship is literally the independent conduct of business in one's own interests. The owner has the material resources and capital equipment necessary for the economic activity, and personally controls these activities, while incurring no limited liability on their obligations.

Association of entrepreneurs is carried out in the form of partnerships (partnerships) and companies. A partnership (partnership) is a form of business organization in which two or more individuals agree on the ownership and management of the enterprise. They usually combine their financial resources and business skills. In a similar way, they share risks, as well as profits or losses that may fall to their share, while bearing unlimited property liability for the obligations of the firm. A limited liability company is such a legal form of association of capital investors, in which the participants are liable for the obligations of the company only with their contribution. The contribution made gives the right to receive part of the profit in the form of dividends and the right to vote. The leading form of limited liability companies is joint-stock company- corporation. A corporation is an association of capital investors - shareholders, but such an association in which the property of the corporation is completely separated from the property of shareholders. In the event of a company's insolvency, shareholders are not liable for its obligations to creditors, but only risk a possible depreciation of shares.

Organization (enterprise) - the main link national economy, an independent economic statutory entity with the rights legal entity and carrying out production, research and commercial activity, in order to obtain the corresponding profit (income).

Legal entities- organizations that have separate property in their ownership, economic management or operational management and are liable for their obligations with this property. Legal entities may, on their own behalf, acquire and exercise property and personal non-property rights, bear obligations, be a plaintiff and a defendant in court.

Legal entities must have an independent balance sheet or estimate.

Legal entities may be organizations pursuing profit as the main goal of their activities - commercial organizations.

Non-Profit Organizations - do not set the goal of their activities to make a profit and do not distribute the profits received among the participants (they can make a profit only insofar as this serves the purposes for which they were created.)

A legal entity is considered established from the moment of its state registration. State data. registrations are included in the Unified State Register legal entities, open to the public.

Each company operates on the basis of a charter or a memorandum of association. The listed documents indicate the subject and goals of the activity. feature modern enterprises is their versatility.

The main activity is determined by the following criteria:

Specific gravity in proceeds from the sale of products, works, services.

The share of profit from the sale of products.

To production activities include the production of material goods and the performance of work on external orders.

Services are of an industrial nature (repair of equipment, cars), and non-industrial (consulting, financial, educational).

It is necessary to distinguish between the concepts of "enterprise" and "firm". They are treated as synonyms, although in practice this is not always the case.

Company - is an institution in the form of a factory, small or big store, which performs one or more specific functions for the production and distribution of goods and services.

Firm owns these enterprises and conducts business activities on them. A firm may consist of several enterprises, which are constituent parts this firm.

Internal environment manufacturing enterprise

The basis of the enterprise is people, which are characterized by a certain professional composition, qualifications, interests. These are managers, specialists, workers. The results of the enterprise work depend on their efforts and skills.

people need funds production:

The main means of production with which products are manufactured;

working capital from which this product is made.

For delivery calculations necessary materials, equipment, energy resources, for payment wages employees and making other payments to the enterprise are necessary money, which are accumulated on his current account in the bank and partly in the cash desk of the enterprise. In the absence of own funds, the company resorts to loans.

Important for the operation of the enterprise is information. With the help of information, all components of an operating enterprise are connected into a single synchronously functioning complex aimed at the production of a given type of product, of the appropriate quantity and quality.

Information happens:

a commercial- what products and in what quantity to produce, at what price and to whom to sell, what costs are necessary for production.

Technical- describes the technology of manufacturing products, with the help of what machines and equipment, in what sequence from which materials to produce products.

Operational - on its basis, tasks are given to personnel, placement is carried out in workplaces, accounting, control and regulation of the production process is carried out.

Along with the development of small business, there is a process of consolidation of capital. The main benefit of integrated structures is the pooling of capital in the field of technological development of marketing, advertising, product promotion, and reducing non-production costs. In today's competitive struggle, even giant companies are often defeated, which forces them to unite into even larger structures.

general characteristics enterprises (firms).

Company is the main business entity. The number of enterprises is growing. The largest number is in trade and catering, hereinafter referred to as industry, Agriculture etc.

For 2006 Number of enterprises: 4767.3 thousand

For 2007 Number of enterprises: 4507 thousand

For 2008 Number of enterprises: 4675 thousand

Company- an independent business entity established in accordance with applicable law for the production of products, performance of work and provision of services in order to meet needs and make a profit.

After state registration, it receives the status of a legal entity. As a legal entity, an enterprise operates on the basis of a charter, or a memorandum of association, or a charter and memorandum of association. Example - a household operates on the basis of a contract.

The external side of the enterprise: partners, government agencies, suppliers, consumers, etc. The inner side of the activity: the labor collective, owners and entrepreneurs.
Many enterprises are part of firms.

Firm- a legally independent business unit, which, as a rule, includes several enterprises. May be a small company or concern.

Differences firms from the enterprise:

1. Enterprise - subject economic relations within, as a rule, the total capital (individual and collective). A firm is a subject of economic relations between various autonomous capitals (enterprises, firms, concerns). The firm is a corporation (in terms of capital concentration) with a complex system of financial dependence between its structural divisions.
2. The second feature of the firm is its diversified structure. From the point of view of the concentration of production, the firm is similar to a diversified concern that unites enterprises from various sectors of the economy.

For successful activity the firm needs a certain degree of economic freedom, determined by the form of ownership.

Forms of ownership:

Private

State

Private owners can be sole proprietors, a group of proprietors and tenants.

The Civil Code recognizes:

Private property

State property

municipal property

Other forms of ownership (property of public, religious organizations, etc.), where 4.6% is private property. The degree of freedom is characterized by entrepreneurial activity.

In 2008, 3% of the total number of registered entrepreneurs operated on the basis of state property, in 2004 - 3.3%, in 2006 - 3.4%, in 2007 - 3.6%. Private ownership: 2004 - 75.8%, 2005 - 79.2%, 2006 - 80.5%, 2008 - 82.2% (total registered enterprises).
The activities of the organization are regulated by the legislature.

Organizational and legal forms

Under organizational and legal the form of an enterprise is understood as a system of legal, economic and legal norms that determines relations between partners in an enterprise, as well as enterprises with other business entities and public authorities.
Business partnerships and business companies - commercial organizations, the authorized capital of which is divided into shares (contributions) belonging to its founders (participants).
Participants general partnerships and general partners in limited partnerships may be individual entrepreneurs and/or commercial organizations.
Contributors Citizens and legal entities (individual entrepreneurs and organizations) can be members of limited partnerships and participants in economic companies.

Entity- an organization that owns economic visible and separate property; is responsible for its obligations with this property. May acquire on its own behalf and exercise property and personal non-property rights, bear obligations, may be a plaintiff and defendant in court.
In addition to legal entities, there may be individuals in entrepreneurial activity, but the risk of entrepreneurial activity increases, because. responsible for all property.

All legal entities of the Russian Federation are divided into commercial and non-commercial organizations.
Commercial organizations are recognized as those organizations for which making a profit is the main purpose of their activities.
Non-commercial organizations are recognized as those organizations for which making a profit is not the main purpose of their activities.

Classification legal entities of the Russian Federation:

Commercial

a) business partnerships:

Full
-on faith

Basic rights
1. To take part in managing the affairs of the company or partnership;
2. Take part in the distribution of profits;

3. Get acquainted with accounting or other documentation;

4. In case of liquidation of the organization, receive a part of the property remaining after settlements with creditors, or its value.
Responsibilities participants of a business partnership or company:
1. Make deposits in the manner, amount, methods and within the time limits stipulated founding documents;
2. Do not disclose confidential information about the activities of the organization.

A business partnership is an association of persons;

An economic society is an association of capitals.

General partnership a partnership is recognized, all the participants of which are engaged in entrepreneurial activities on behalf of this partnership
Feature- a high degree and measure of the property responsibility of its participant for the fulfillment of the obligations assumed.

By labor code, all participants in a general partnership bear joint and several liability for its debts, answering with all their property.

Subsidiary Liability- if the property of the partnership is not enough to pay off debts, then the participants are liable for obligations with their personal property in proportion to their contributions.

Joint responsibility- if everyone answers, regardless of who is charged.

The management of a general partnership is carried out by common agreement of all its participants, unless otherwise provided by the founding agreement. The transfer of the contribution to other participants or third parties is allowed only with the consent of all other participants.

Profits and losses are distributed in proportion to contributions to the authorized or share capital.

Liquidation is carried out by decision of the court or the founders. If one participant remains in the partnership, then within six months he has the right to be transformed into a business company.

Faith partnership(limited) combines unlimited liability with limited liability, since its members, along with general partners, are investors (limited partners), who are liable for obligations only with their share contribution to the partnership.
limited partners do not participate in the management of the affairs of the partnership, do not have the right to act on behalf of the partnership otherwise than by agreement, and challenge the decisions of general partners. The role is limited to financial participation for income generation. The memorandum of association and liquidation are carried out similarly to a general partnership.

Advantages:
The ability to accumulate constituent funds in a short time;
Each general partner has the right to engage in business on behalf of the partnership on an equal basis with others;

The form is attractive to lenders;

To increase its capital, a limited partnership may attract funds from investors.

Flaws:

There must be a relationship of trust between full partners;
Each partner is fully and jointly and severally liable;

A partnership cannot be created by one participant.

b) business companies:

AO:
- people's enterprises

open
-closed

Limited Liability Company (LLC)- this is a company, the participants of which are liable for the obligations assumed by such a company, only within the value of the contributions made.
Established by one or more persons. The authorized capital cannot be less than 100 minimum wages and consists of the contributions of its participants (the minimum wage).

If it is established by one person, it functions on the basis of the charter or memorandum of association. An LLC does not require the personal participation of its members in the affairs of its societies.

Advantages:
Ability to accumulate cash in short time;
Society can be created by one person;

Both legal entities and individuals (both commercial and non-commercial) can participate in the activity;

Members of the company bear limited liability for its obligations.

Flaws:
Not attractive to the lender;

The authorized capital cannot be less than the legally established minimum wage (3330 rubles);

The number of participants in an LLC is less than 50 people.

Additional Liability Company (ALC) established by one or more persons. Unlike an LLC, the participants in such a company bear joint and several subsidiary liability for its obligations with their property in the same multiple of the value of their contribution for all.

In case of bankruptcy of one of the participants, its liability is distributed among the other participants.

It differs from a general partnership in that the liability is limited, but the number of participants is unlimited.

Joint Stock Company (JSC) a commercial organization is recognized, the authorized capital of which is divided into a certain number of shares. Members of the company are not liable for obligations and bear the risk of losses only to the extent of the value of their shares.
Joint stock companies can be created both by establishing a new legal entity, and by reorganizing an existing one (corporation).

Founders may be both individuals and legal entities, as well as local government bodies. A JSC may be created by one person or may consist of one person in case of acquisition of all the shares of the JSC.
The founders of a joint-stock company conclude an agreement between themselves that determines the procedure for their implementation joint activities on the creation of a company, as well as the size of the integral capital, the categories of shares issued and the procedure for its placement.

JSC can be open and closed:

Members of an OJSC may transfer or sell their shares without the consent of other shareholders.

An open joint stock company can use two options for the placement of shares: a closed subscription in a limited circle of persons without advertising (in a closed joint stock company) and an open subscription with an advertising campaign, if the value authorized capital more than 100,000 minimum wages.

Open subscription - among an unlimited circle of persons with holding advertising campaign provided that the size of the authorized capital exceeds 100,000 minimum wages.

In ZAO shares are distributed only among the founders or other pre-limited circle of persons.

Shareholders of a CJSC have a pre-emptive right to purchase shares sold by other shareholders.

CJSC publishes financial statements only in exceptional cases provided for by law.
The number of participants in a CJSC is no more than 50 people, in an OJSC it is unlimited.

JSC management structure:

Meeting of shareholders, council, supervisory and administrative board of directors, executive bodies of the company (general directors).

supreme body- General Meeting of Shareholders. The meeting is eligible if more than 50% of the shareholders are present (changes in the authorized capital, executive management bodies, distribution of profits and losses, etc.)
JSCs can place ordinary and several types of preferred shares.
AO voting is carried out according to the principle: 1 share = 1 vote.

JSC places ordinary or several types of preferred shares.
When establishing a company, 50% of the shares must be placed within 3 months from the date of state registration, the rest - within a year.
JSCs can have stocks and bonds.

security paper- this is a monetary document certifying property rights or loan relations, the implementation or transfer of which is possible only upon its presentation. Securities may exist in the form of separate documents or records on accounts. In the latter case, the owner of the security is issued a certificate of possession.

Stock- a security that certifies the right of its owner to receive income in the form of a dividend, to participate in general meeting with the right to vote (ordinary share) and to receive part of the property after the liquidation of the company.

The payment of dividends is not the responsibility of the JSC.

JSC is not entitled to pay dividends in the following cases:
Until full payment of the authorized capital

Until the redemption of all shares to be redeemed

If, as of the day such a decision is made, the JSC meets the signs of bankruptcy or these signs appear in the JSC as a result of the payment of dividends
If, on the date of such decision, the cost net assets company is less than the amount of its authorized capital, reserve fund and excess over the nominal value of the liquidation value of the placed preferred shares determined by the charter.

Dividends can be paid no more than once a year.

Stock evaluated according to their value:

The par value of a share is the value that is set when a share is issued.

Book value is the value calculated as the quotient of the value of the company's assets divided by the number of issued and distributed shares.
Market value is the value of shares on the stock exchange or in over-the-counter turnover, determined by supply and demand. The market value can be either higher or lower than the par value of the share.
By the nature of the order shares are divided into:

Registered shares (high face value);

Bearer shares (low denomination).

According to the nature of the income shares can be:
Ordinary shares

Preference shares

The share of preferred shares in the total volume of the authorized capital of a joint-stock company must not exceed 25%.
A joint-stock company is also entitled to issue bonds for an amount not exceeding the amount of the authorized capital or the amount of security provided to the company for this purpose by third parties, after the authorized capital has been paid in full.

Bond- a security issued by JSC as a debt obligation. Unlike stocks, bonds have a limited maturity. The owner of the bonds is not a member of the company, but only its creditor. Periodically, the bondholder receives interest income. At the end of the bond's circulation period, the face value of the bond is returned to its owner (in other words, the bond is redeemed).

JSC has the right to issue bonds for an amount not exceeding the amount of the authorized capital, or the amount of security provided to the company for this purpose by third parties after the full payment of the authorized capital.
In the absence of collateral, the issue of bonds is allowed not earlier than the third year of the existence of the joint-stock company and the approval by this time of its two annual balance sheets.

Bondholders have a pre-emptive right to the distributed profit and assets of the company in case of its liquidation.
By type of collateral, bonds can be:
under the pledge of property;

Under the mortgage of securities;

Unmortgaged.

Bonds can be classified as follows:
convertible - the holder can exchange them at a predetermined price for ordinary shares;

Revocable - the issuer can early withdraw (repurchase) them at the redemption price with the payment of a premium;

With "narrowing" and "expansion" - the holder can present them for payment earlier or later than the maturity date, this decision is made by the holder within a predetermined time frame;

With a redemption fund - a redemption fund (percentage of profit) is created, from which a part of the bonds is redeemed by calling them at a specified price;
with a floating interest rate - the interest rate is tied to the discount bank rate; used during periods of sharp fluctuations in the discount bank rate.

In addition, a joint-stock company may issue share certificates - securities that are evidence of the ownership of a certain number of shares by a person named in it.

PEOPLE'S ENTERPRISES

Since October 1, 1998, in accordance with federal law"About the features legal status JSC workers (people's enterprises) ”No. 111-15, another type of JSC was introduced into economic practice - people's enterprises.

Peculiarities:
An enterprise of this kind issues only ordinary shares, 75% of which (at least this figure) must be owned by shareholders working in this enterprise.

The number of non-shareholder employees should not exceed 10%.
Each shareholder (member of the labor collective) may own a block of shares not exceeding 5% of the authorized capital.
The value of the authorized capital of such an enterprise is not less than 1000 times the minimum wage.

Decision-making principle: one shareholder - one vote.
Executive agency national enterprise - CEO elected by the general meeting.

Average headcount employees - at least 51 people, the number of shareholders - no more than 5000.

Meaning National economy - so that workers are interested in production, so as not to alienate them from production, to mitigate the results of privatization.

c) unitary enterprises:

State
-municipal

Unitary enterprises- These are commercial organizations that are not endowed with the right of ownership of the property assigned to them.
The property of such an enterprise is indivisible and cannot be distributed among contributions (shares), including between employees.
State and municipal enterprises operate as unitary enterprises.

The property is in municipal or state ownership and owned by unitary enterprises on the right of economic management or on the right of operational management.

Right of economic management- this is the right of a state or municipal enterprise to own, use and dispose of the property of the owner in accordance with the law or other regulations. This enterprise are liable with their property for their debts and are not liable for the debts of the state (owner). The owner reserves the right to reorganize and liquidate the enterprise, controls the safety of the property belonging to the enterprise, in addition, has the right to receive part of the profit from the use of property. The company does not have the right to dispose real estate without the consent of the owner. The enterprise disposes of movable property independently, as well as a part of the profit remaining after settlements with the owner. Thus, on the right of economic management, the enterprise has the right to dispose of movable property and part of the profits independently, but does not have the right to dispose of real estate without the consent of the owner.

Unitary enterprise on the right of operational management:
Enterprises that operate on the right of operational management are state-owned enterprises. For state-owned enterprises, a stricter regime for the disposal of its property is established than for state and municipal enterprises. A state-owned enterprise can dispose of property only with the consent of the owner - both movable and immovable. Without the consent of the owner, such an enterprise sells only manufactured products. Businesses are not entitled to a portion of the profits. The right of operational management is much narrower than the right of economic management. The governing body is the head appointed by the owner.

The main founding document charter.

In 2002, a law was introduced - unitary enterprises cannot create another unitary (subsidiary) enterprise as a legal entity and transfer part of the property to it. If such an enterprise exists, within 6 months it was obliged to attach it to the parent enterprise (liquidate). Made to avoid the alienation of state property.
Authorized capital state enterprise- at least 5,000 minimum wages, municipal - at least 1,000 minimum wages as of the date of state registration of the enterprise. The authorized capital of state-owned enterprises is not formed.
State enterprises- enterprises on the right of operational management.

Associative forms entrepreneurial activity:

concern, consortium, syndicate, corporation, holding.

Consortium- temporary association of enterprises, banks, firms, scientific and design organizations, government agencies for joint holding of major events in the field of production, finance, capital construction, ecology, science to solve specific problems within a certain period of time. They unite enterprises of any form of ownership.

Consortium members retain economic independence and may simultaneously be members of other associations, joint ventures, consortiums.
After the tasks are completed, the consortium ceases to exist.
Consortiums also include temporary intersectoral investment, scientific, technical and other complexes created for the implementation of scientific, technical, investment, environmental and other programs.
One of the associative forms of collective entrepreneurship is syndicate. This form Entrepreneurship is associated mainly with the sale of products and is distributed mainly in the extractive industries, agriculture and forestry.

As a rule, the syndicate organizes a single service (office) for sales, to which the members of the syndicate must hand over products intended for joint sale at a predetermined price and quota. Competition within the syndicate is allowed.

The main goal of the syndicate is to expand and retain sales markets, regulate the volume of output within the syndicate and prices in foreign markets for products.

Industrial units is a group of enterprises and organizations that are located in adjacent territories and share industrial and social infrastructure, natural and other resources, create general production intersectoral and local territorial significance, while maintaining its independence.
In industrial hubs, conditions are being formed for the development of micro-territorial integration, cooperation, specialization of production, more complete use of unique equipment, production areas and capacities for processing secondary resources, organization of inter-sectoral production, servicing the economy.

holding company is a company or organization (corporation) that owns controlling stakes or shares in shares of other companies (enterprises).

A controlling stake is the main form of participation in the capital of an enterprise, providing an unconditional right to make or reject certain decisions at a general meeting of shareholders, shareholders and management bodies.
The controlling share mechanism gives the holding company the right to vote, so that it gets the opportunity to pursue a single policy and exercise uniform control over the observance of the interests of large conglomerates (corporations, concerns, trusts) or accelerate the process of diversification. (Diversification is the simultaneous development of many unrelated types of production,
expansion of the range of manufactured products.)

In this way, holding company- the top of the pyramid, made up of subsidiaries(their controlling stakes are part of the assets of the holding company).

There are pure holdings and mixed holdings.

Pure (financial) holding - when a company receives income through a system of equity participation in other companies. As a rule, such a holding company is headed by a large bank. He does not participate in the activities of the holding, but only receives income.

A mixed holding involves the carrying out of entrepreneurial activities by the parent company. As a rule, such a holding is headed by a large production association.

A legal entity is an organization that owns, manages or manages separate property, bears independent responsibility for its obligations, can acquire and exercise property and personal non-property rights on its own behalf, perform duties, be a plaintiff and defendant in court. A legal entity must have an independent balance sheet or estimate.

There are two main models of functioning of business entities - directive and market economy.

In a directive economy, an organization is an economic entity that has the rights of a legal entity, which, based on the use of property by the labor collective, produces and sells products, develops according to a plan, and works on the basis of cost accounting.

In a market economy, it is an independent business entity that has the rights of a legal entity, whose activities are aimed at making a profit, carried out at their own risk and under their own property responsibility.

There are three significant differences between these definitions:

1. According to the degree of independence - complete in a market economy and limited - in a directive one.

2. According to the purpose of the activity: profitable work in a market economy and output - in a directive economy.

3. According to the degree of responsibility: the risk of losing property in a market economy and in a directive economy - covering losses through subsidies from the state budget.

So, an organization is an independent business entity that produces products, performs work and provides services in order to meet social needs and make a profit.

The organization as a legal entity has certain features: the presence of its property; independent property liability; the right to acquire, use and dispose of property, as well as to carry out other actions permitted by law on its own behalf; the right to be a plaintiff and defendant in court and arbitration on his own behalf, to have an independent balance sheet, current and other bank accounts.

Organizations in a market economy can be classified according to various criteria:

1. By form of ownership: organizations state form property, private ownership.

2. According to the organizational and legal forms, organizations can be OJSC, CJSC, LLC, ALC, unitary enterprise, general partnership, limited partnership, etc.

3. By size, organizations are grouped as large, medium and small.

4. According to the participation of foreign capital, organizations are divided into joint, foreign and foreign. Joint - located on the territory of the country, has a share in the authorized capital owned by foreign investors. Foreign - represented by national capital exported from the state as a contribution to the authorized capital of an organization registered in another country. Foreign - the organization has 100% of the authorized capital owned by legal or individuals other states.

5. By type economic activity organizations belong to production area(industry, agriculture, transport), non-manufacturing (communications) and social services(health, education, science). In turn, each type of economic activity is divided into groups and subgroups.

6. By types of associations, organizations are included in production, republican, regional, national or transnational companies. There are such varieties - concern, consortium, holding. The concern includes organizations belonging to the same type of economic activity. The consortium, in addition to industrial organizations, includes banking, financial, and insurance structures. The holding is created by the owners to manage a controlling stake in the organization's holding. The financial-industrial group combines industrial and banking capital.

7. Subsidiaries, branches and other structures with a current account and a separate balance sheet or without them, with or without the rights of a legal entity, are distinguished by types of splitting.

8. According to the purpose of the activity, organizations are divided into commercial (focused on increasing profits and capital), non-commercial (performing other statutory tasks) and mixed.

At the heart of the functioning of the organization is manufacturing process, which is a system of interconnected main, auxiliary and service industries.

The main production includes the procurement process (production of castings, stampings, etc.), processing (mechanical, thermal, etc.), as well as assembly, which results in a finished product.

Auxiliary production creates conditions for the functioning of production: repair of buildings, structures, equipment, production of equipment, production and transmission of electricity.

Service production ensures the functioning of the main and auxiliary production and includes storage facilities, a control system, etc.

1.2 Life cycle organizations: creation, reorganization, restructuring, sanitation, bankruptcy and liquidation

The organization as a business entity in the process of functioning goes through various stages of its existence.

The first stage is the creation of the organization and its formation. The emergence of a business entity is evidenced by the fact of its registration with the relevant executive authorities. From the experience of a market economy, it is known that about 40% of registered enterprises withstand competition during the formation period, the rest become insolvent in the first year of their existence. For this reason, the state supports small, joint and other organizations in accordance with existing national priorities and financial capabilities. The main benefits are a reduction in the tax rate and tax holidays.

The main stages of creating an organization:

- strategy Development;

– search and selection of partners;

– feasibility study of the organization's activities;

– preparation of constituent documents;

- registration.

Constituent documents - the contract and the charter. The contract is a legal document that reflects the rights and obligations of partners.

The charter is legal document, which sets out the rules of economic behavior of the organization, established by the owner. Requirements for the content of constituent documents and registration are established by laws and by-laws of the state.

Organizations that have established themselves in their market niche are constantly reorganized in the process of development: new production and functional divisions are created, and workshops that have reduced their efficiency are merged and liquidated.

Reorganization can take place within the framework of an existing business entity or with the subsequent liquidation of the old one and the registration of a new one. Civil Code The Republic of Belarus provides for the following methods of reorganization:

1) merger;

2) accession;

3) separation;

4) selection;

5) transformation.

A special form of reorganization is the restructuring of an organization with the separation of independent business entities or within the legal framework of the existing one.

In a broad sense, restructuring is a change (rationalization) of the production, organizational, social, financial and other areas of an organization's activities in order to restore its cost-effective operation and increase competitiveness. Restructuring is an allotment structural divisions organizations with an independent balance sheet and current account, but without the formation of a legal entity. The purpose of the restructuring is to increase the efficiency of production.

Insolvency is the inability to satisfy the claims of the creditor (creditors) for monetary obligations, as well as for obligations arising from labor and related relations, and (or) to fulfill the obligation to make mandatory payments.

Insolvency that has or acquires a stable character, recognized by the economic court or lawfully declared by the debtor, is called economic insolvency or bankruptcy.

Recognition of a legal entity as economically insolvent (bankrupt) entails its reorganization, and if it is impossible or there are no grounds for continuing activities, liquidation.

Economic insolvency or bankruptcy cases are considered by economic courts.

When considering a bankruptcy case of a debtor-legal entity, the following bankruptcy procedures are applied:

1) protective period;

2) bankruptcy proceedings;

3) settlement agreement;

4) other bankruptcy procedures.

When considering a bankruptcy case of a debtor-individual entrepreneur, the following bankruptcy procedures are applied:

1) bankruptcy proceedings;

2) settlement agreement;

3) other bankruptcy procedures.

Bankruptcy proceedings include the following procedures:

- rehabilitation;

- liquidation proceedings.

Based on the results of consideration of the bankruptcy case, the economic court adopts (issues) one of the following acts:

– a decision on bankruptcy with the rehabilitation of the debtor;

– a decision on bankruptcy with the liquidation of the debtor;

– ruling on termination of bankruptcy proceedings.

Reorganization is a bankruptcy procedure that provides for the transfer of ownership, changes in contractual and other obligations, reorganization, restructuring or provision of financial support to the debtor, carried out to restore its stable solvency and settle the relationship between the debtor and creditors in a timely manner.

Reorganization is the financial recovery of an enterprise, the need for which arises when there is a threat of economic insolvency.

Sanitation is carried out at the initiative of the owners or creditors. There are several ways to rehabilitate.

1. Replacement of the head and managerial staff. If the organization is a potential bankrupt, external management may be carried out, appointed in a judicial or out-of-court procedure. An anti-crisis manager works under a contract with the owner or is appointed by a meeting of creditors, performs one or two tasks: to ensure financial recovery or prepare the organization for liquidation.

2. Sale by court or by agreement of creditors. When an insolvent organization is sold, it remains active, but the owners change.

3. Exchange of debts for shares. In this situation, the owner also changes. However, creditors are wary of a debt-for-equity swap in an insolvent organization unless they are confident that it will again become profitable and financially sustainable.

4. Attraction of investments and payments to creditors from the future income of the company.

5. Assignment of claims to third parties, that is, the purchase of debts with subsequent resale for a certain percentage of the transaction.

In any case, reorganization requires a business plan and forecasting. economic situation in the short term and long term. If the reorganization did not bring the expected results, bankruptcy proceedings are carried out.

There are cases of false and deliberate bankruptcy.

False bankruptcy is the provision of knowingly false documents declaring a business entity insolvent.

Intentional bankruptcy is the deliberate concealment of one's insolvency.

False and intentional bankruptcy is a type of fraud that must be recognized by internal and external auditors, as well as law enforcement states.

The liquidation of a legal entity entails the termination of its activities without the transfer of rights and obligations by way of succession to other persons.

A legal entity may be liquidated by decision:

1) its founders (participants) or a body of a legal entity authorized to do so by constituent documents;

2) courts in cases:

- failure to make a decision on liquidation due to the expiration of the period for which the legal entity was created, the achievement of the purpose for which it was created;

– decrease in the value of net assets commercial organization according to the results of the second and each subsequent financial year below established by law the minimum size of the authorized capital;

- carrying out activities without a special permit (license), or activities prohibited by law, or with other repeated or gross violations of the law, or with the systematic implementation of activities that contradict the statutory goals of a legal entity, or recognition by a court of invalid registration of a legal entity in connection with the creation by violations of the law, as well as in other cases provided for by legislative acts;

3) state bodies.

Liquidation of an organization - termination of its activities and exclusion from the register of state registration.

Liquidation occurs due to bankruptcy or economic insolvency, by decision of the owner or by decision of the court.

At all stages of economic development, the main link is the enterprise. At the enterprise, production is carried out, there is a direct connection between the worker and the means of production.

In the conditions of market relations key figure entrepreneur is acting. The status of an entrepreneur is acquired through the state registration of an enterprise. In this case, the subject of entrepreneurial activity can be both an individual citizen and an association of citizens.

Thus, an enterprise is an independent economic entity created by an entrepreneur or an association of entrepreneurs to produce products, perform work and provide services in order to meet social needs and make a profit. It is a legal entity that has separate property in ownership, economic management or operational management and is liable for its obligations with this property. Legal entities must have an independent balance sheet.

The company manufactures products. In this case, the product is considered as the result of the activity of the enterprise, which can act as a material product, works and services.

Enterprise goals. The strategic commercial long-term goal of each enterprise or firm is profit maximization. This goal simultaneously plays the role of an incentive motive for production and economic activity. It is possible to ensure the profitability of activities through the implementation of local goals, the so-called targets:

increase in the share of the supply of goods on the market, penetration into new segments;

increase in profit in relation to the invested capital;

increase in earnings per share;

change in the structure of capital;

expanding the range and improving the quality of products;

increase in production volume, etc.

The firm, in accordance with its purpose in a market economy, performs a number of important functions.

1. The production function involves the production of goods and services that provides market supply. Production must be based on data on the structure of demand, otherwise the firm runs the risk of being completely without profit with uncovered costs.

2. The commercial function implies logistics (establishing relationships with resource suppliers and investors), sales finished products, as well as marketing and advertising for the successful promotion of goods on the market and the growth of its competitiveness. Self-financing, self-sufficiency and autonomy are the main characteristics of a strong firm that is able to gain a large market share and have a significant impact on the pricing and distribution of income.

3. financial function lies in attracting long-term investments and obtaining loans, which will undoubtedly allow the company to implement innovations and focus on further development. This may include settlements carried out both within the company and with partners: issuing securities, paying taxes, as well as making a profit, managing risks and creating an insurance system.

4. Accounting function involves the preparation of a business plan, balance sheets and estimates, inventory, costing, reporting and submission to the authorities state statistics and taxes.

5. An administrative function is a management function. It includes four components: direct organization to create flexible to change external environment structure, motivation as a process of stimulating employees to achieve a qualitatively better high results, planning, including setting goals and ways to achieve them, and control over the activities of the company as a whole.

6. The legal function is carried out through compliance with legally enshrined laws, norms and standards, as well as through the implementation of measures to protect the factors of production and environment in terms of organizational ethics.

The company has its own organizational and legal form, goals and functions of activity, in accordance with which it creates its own internal structure.

The organizational and legal form is the structure of the company, which establishes the composition (one or several enterprises), the method of formation (individual, partnership, corporate) and the distribution hierarchy equity(dependent or independent of each other enterprise).

In the modern Republic of Belarus, the activities of the company are not legally fixed. There is only legal regulation of the activities of enterprises. However, a firm is a broader concept than an “enterprise”, and often a firm includes several enterprises. The company is an integral part of the company.

An enterprise (firm), (enterprise, plant, firm, company, concern, venture) is an independent economic entity with the rights of a legal entity, which, based on the use of property by the workforce, produces and sells products, performs work, and provides services of a material nature. The object of rights is recognized as a property complex used for entrepreneurial activities.

In a modern market economy, there are different kinds enterprises and firms. Depending on the field of activity, they are divided into industrial and agricultural, transport, trade, etc. Such a division is determined by the final product of the functioning of the company or the service sector that it provides.

According to the form of ownership, private, collective, state enterprises are distinguished.

Depending on the size and number of people employed in them, firms are divided into small, medium and large.

According to the goals of the enterprise, they are divided into: commercial and non-commercial (budgetary). Commercial enterprises pursue the goal of carrying out economic (entrepreneurial) activities with profit as its main result, as well as the distribution of profits between its founders (participants, members). They can be created in the form business partnerships and companies, unitary enterprises, production cooperatives. Non-profit enterprises have other goals not related to economic (entrepreneurial) activities. They can engage in economic (entrepreneurial) activities only insofar as it is necessary to achieve their statutory goals and corresponds to these goals, and they do not have the right to distribute the profits received among their participants (members). Non-profit organizations are created in the form of consumer cooperatives, public or religious organizations (associations), charitable and other foundations financed by the owner of the institution, as well as in other forms provided for by law.

According to the structure of the organization and the number of owners, they distinguish: a sole or unitary enterprise, i.e. an enterprise owned by one owner; partnership or partnership (cooperative) based on shares; a corporation owned by many owners who own its shares.

A unitary enterprise (UE) differs from the above organizational and legal forms of entrepreneurial activity in that the property unitary enterprise is indivisible and cannot be distributed among deposits, shares, shares, including between employees of the UE. In the form of UE, not only private, but also state (republican or communal) unitary enterprises can be created.

Cooperative (PC) - a form of entrepreneurship, whose participants make a property share contribution and accept personal labor participation in PC activities. They bear subsidiary liability for the obligations of the PC in equal shares, unless otherwise specified in the charter.

Corporation (corporation) - association of the property of many entities, acting, as a rule, in the form of a joint-stock company.

According to the forms of organization of economic activity, enterprises are divided into: state, self-supporting and state-owned, rental, joint-stock, cooperative, national, joint.

AT modern economy There are various business associations. These include production associations, which unite enterprises similar in terms of manufactured products and scientific and production associations, including, in addition to enterprises, design bureaus, design organizations, research institutes. Associations of enterprises also include concerns, consortiums, economic associations, holdings, trading houses.