Organizational and legal forms of legal entities: limited partnership, general partnership, LLC, ODL, joint-stock company, artel

A modern person often hears such words: "limited partnership", "LLC" and so on. Let's consider the most well-known organizational and legal types of association:

1. The first historically formed form of a commercial organization is a full partnership. It is characterized by the full subsidiary responsibility of its members for their obligations. Participants can be from 2 to 50 economic entities. The only document of the partnership concluded between full partners (participants) is the memorandum of association. The declared authorized capital (its minimum is not determined) should be formed before the state registration no less than half.

Any participant can act on his behalf, so a full partnership does not provide for the usual position of the head, for example, the director.

2. A limited partnership is a form of association similar to the previous one, with the difference that, in addition to full partners, the participants are limited partners (legal entities and citizens) whose duties are limited to contributing to the authorized capital. Each of them is a separate contract. A limited partnership does not imply subsidiary liability.

Upon withdrawal from the partnership, the full partner receives a portion of the limited partnership's assets proportional to his share in the charter capital, the limited partner is only the amount of his contribution.

3. A limited liability company (LLC) is a commercial organization, of which 1 to 50 individuals and legal entities that do not meet their obligations with respect to the company's obligations can participate in it. LLC documents - the memorandum of association and the articles of association. The minimum authorized capital is determined in the amount of 100 minimum wages.

A participant has the right to alienate a share in the charter capital fully paid by him, or to withdraw from the LLC with payment to him of a part of the organization's property, a proportional share in LLC.

4. The following form - the company with additional responsibility (ODL) differs from the LLC only in accordance with the constituent documents and subsidiary (subsidiary) liability of the participants for the obligations of the ODL.

5. A joint-stock company is characterized by a division of the authorized capital by a certain number of shares, it may be open (it has the right to freely sell the issued shares, a minimum for the authorized capital is 1000 minimum wages) or closed (the right to distribute shares among the set of persons defined by the charter, minimum for the authorized capital - 100 minimum wages ). The constituent document is the charter. Before the state registration, the authorized capital must be fully formed.

A shareholder is not entitled to withdraw from the company, he can only sell (to alienate in another way) his shares at a negotiated price.

6. The production cooperative (artel) is called an association based on the membership of the citizens who contributed the share for joint economic activities. The constituent document is the charter. A production cooperative can not have less than 5 individuals who are 16 years old. Personal participation of members of the cooperative in its activities is mandatory. Members of the co-operative for its obligations bear subsidiary responsibility. A participant may withdraw from the cooperative, at the same time only the value of the paid share shall be paid, similarly as a limited partnership on the issuance of a limited partner pays him only the value of the contribution made.

7. Commercial organizations exist in the form of unitary enterprises of two types - state and municipal. Characterized by the fact that they do not have the right of ownership to the property, fixed by the sole founder, at their disposal. The commercial organization of a unitary enterprise may be official (the founder bears subsidiary responsibility) or on the right of economic management (the subsidiary liability of the founder in certain cases defined by law).