Various organizational and legal forms of enterprises allow their owners and participants to respond quickly to changes in the market. The choice of an OPF can be influenced by various factors that should be considered before registration.
Instructions
Step 1
There are three main organizational and legal forms in which a business can be registered, in which the formation of a legal entity takes place. a limited liability company (LLC) is registered in the presence of the authorized capital, each participant of the LLC has his share in the authorized capital, within which he is responsible. Another form is joint stock companies. The fundamental difference between JSC and LLC lies in the forms of distribution of the authorized capital between the participants.
Step 2
The authorized capital of joint stock companies is distributed among the participants by means of shares of par value. Within the limits of the value of the shares held by the participant, his degree of responsibility is also determined. The main document of a joint stock company is the Charter, which must be developed prior to registration with the supreme management body - the general meeting. Also, when registering a joint stock company of any type, it is necessary to provide information on the issue of the first block of shares.
Step 3
There are two types of joint stock companies - open (OJSC) and closed (CJSC). The key difference between OJSC and CJSC lies in the permissible number of shareholders, in the optimal amount of the authorized capital and in the ability of shareholders to manage their block of shares. The number of shareholders of an OJSC is not regulated, which, in fact, follows from the name, in a CJSC the number of shareholders should not exceed 50 people. If the target figure is exceeded, management must take measures to bring the number of shareholders up to the regulated norm, or reorganize the company into an open company. Sometimes this can be done by a court order.
Step 4
An open joint stock company has the right to sell shares to an unlimited number of persons, to use various distribution methods - subscriptions, initiated free sales that do not contradict the law. Shareholders of an open joint stock company are also not limited in their rights to dispose of their shares at their own discretion, without the consent of other shareholders. Shareholders of a CJSC can dispose of their shares in accordance with the regulations defined by the Law on JSC and the Charter of their company.
