"LEGAL BASIS OF ENTREPRENEURSHIP".

Legal bases.

Organizational and legal forms.

Rules for starting a business

1. ENTREPRENEURSHIP - independent proactive activities aimed at making a profit.

ENTREPRENEURSHIP - independent activity aimed at 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 the manner prescribed by law (extract from the Civil Code of the Russian Federation).

Entrepreneurial ability is the fourth factor of production (after land, labor, capital).

BUSINESS LEGAL RELATIONS - public relations regulating the sphere of entrepreneurial activity.

SOURCES: Constitution; Civil Code of the Russian Federation, Tax Code of the Russian Federation, Criminal Code of the Russian Federation; Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”, “On Licensing”, “On Joint Stock Companies”, “On Production Cooperatives”, “On Protection of Competition”. KEY PRINCIPLES FOR ENTREPRENEURSHIP:

The principle of free economic activity;

The principle of supporting fair competition (fighting monopolies);

The principle of diversity of forms of ownership (private, state, municipal).

2. SUBJECT OF BUSINESS LAW - an active participant in legal relations.

VIEW

CONTENT

IP

The right to carry out entrepreneurship from the moment of registration; the right to use hired labor; protection of the state; requirement to submit reports to the Inspectorate of the Federal Tax Service (IFTS) .

PLUSES: speed of registration; does not require significant funds. MINUS: full property liability.

PARTNERSHIPS

Only individual entrepreneurs can be founders; the capital is divided into shares (contributions) of the founders; the minimum number is 2 people; responsibility for each other's actions with their property. KINDS: FULL (full responsibility); ON FAITH (risks only with a deposit, does not take part in entrepreneurial activities). "MINUSES": IP registration is required; high degree of trust; liability with your property.

LIMITED LIABILITY COMPANY (LLC)

Founders - individuals and legal entities; participants - from 1 to 50; the authorized capital consists of the value of the shares of participants; shares may not be equal; participants are not liable for obligations related to the activities of the LLC. "PLUS": ample opportunities; ease of "entry-exit" in LLC; a person does not risk his personal property, only a share;

JOINT STOCK COMPANY (JSC, CJSC)

The authorized capital is divided into shares; founders can be natural and legal persons. KINDS: OPEN (free sale of shares); CLOSED (shares are distributed only among participants).

STATE (SUE) AND MUNICIPAL UNITARY ENTERPRISES (MUP)

commercial organizations that are not endowed with the right of ownership of the property assigned to them; property is indivisible; manager - the sole head of the company; the internal order is determined by the Charter of the enterprise; the firm's property cannot be sold or leased (the owner is the state).

3.

1. JUSTIFICATION OF ENTREPRENEURIAL IDEAS: find a need and satisfy it; originality and novelty of the idea;

2. CHOICE OF ORGANIZATIONAL AND LEGAL FORM.

3. DEVELOPMENT OF THE NAME OF THE ORGANIZATION.

4. REGISTRATION OF FOUNDATION DOCUMENTS:

Charter - goals, subject of activity, characteristics of the material and technical base, management and control bodies, conditions for reorganization and termination of activities.

Memorandum of association - the legal status of the enterprise, the authorized capital, the procedure for the distribution of income, the obligations of the parties.

State registration - registration with the IFTS (tax): application of the approved form; decision to establish a legal entity; constituent documents of a legal entity; receipt of payment of tax duty; premises lease agreement.

5. OBTAINING THE CERTIFICATE OF STATE REGISTRATION.

After registration, the organization enters the Unified State Register of Legal Entities (EGRLE). The organization receives its Individual Tax Number (TIN), becomes registered with the Pension Fund, Social and Medical Insurance Fund. Some activities require LICENSE – special permission to carry out activities (education, stock exchange, insurance company, bank, alcohol trade).

Working without registration is an administrative (criminal) prosecution.

MBOU "Drovosechenskaya secondary school"

"Legal Basis for Entrepreneurship"

Teacher: Karlova E.V.

2012-2013 academic year

The purpose of the lesson: to acquaint students with the legal foundations of entrepreneurial activity and the main organizational and legal forms of entrepreneurship.

Lesson objectives for students: students should know the terms "entrepreneurship", "partnership", "joint stock company"; know the organizational and legal forms of entrepreneurship, the principles of entrepreneurship, the main sources of entrepreneurship.

During the classes:

1. Organizational moment

2. Survey of homework on the topic: "Firms in the economy"

What is a firm?

The process of production is the transformation of factors of production into goods and services. Name the factors of production and give them a brief description.

The activity of the company makes sense only if it makes a profit. Any firm to cover its costs.

Economic and accounting costs and profits

Fixed and variable costs of production.

The amount of profit is influenced not only by production costs, but also by the amount of taxes paid. Taxes paid by businesses.

Check job 1.

3. Studying the topic (Slide 1)

1) LEGAL FRAMEWORK FOR ENTREPRENEURSHIP

People who want to start their own business, do business, often turn to lawyers for advice, and this is not surprising. The concept of business (or) has recently, but firmly entered our lives.

(Slide 2)

Entrepreneurship is an independent initiative economic activity aimed at making a profit.

The development of market relations in Russia prompted a significant number of people to show economic initiative. This was largely due to the desire of those engaged in entrepreneurial activities to survive, not to get lost in the difficult conditions of a changed life, to find their place in the new structure of socio-economic relations. Not everyone was waiting for success, not every entrepreneur managed to maintain and increase his own. Currently, entrepreneurship is increasing its importance: the freedom of entrepreneurship not only successfully unleashes the creative forces of producers, but also ensures the effective development of the country's economy.

Economists call entrepreneurial abilities the fourth factor of production, emphasizing their importance for the successful combination and use of all other factors (land, labor, capital). Everything that an entrepreneur produces (goods, services) is intended for consumption by society. Here it must be emphasized that the economic and social aspects of entrepreneurship are closely related. The entrepreneur produces products and, driven by the desire to make a profit, finds new production opportunities (economic aspect), while in the process of labor activity, the living conditions of people and social relations are reproduced (social aspect).

What determines the entrepreneurial climate in the country? What is the role of the state in supporting and developing entrepreneurship? There are several conditions for the successful development of entrepreneurial activity on a national scale: economic freedom, maintaining a competitive environment in the economy, creating a legal framework for the development of entrepreneurship. "Civilized" entrepreneurship differs from the "wild" one by the degree of legal protection of the rights of both entrepreneurs and consumers. In modern Russian legislation, business law is an independent branch of law.

Business legal relations- public relations in the field of entrepreneurial activity, as well as related non-commercial relations and relations on state regulation of a market economy - are regulated by a fairly wide range of laws and by-laws.

(Slide 3)

The sources of business law are the Russian Federation, a number of Codes of the Russian Federation: Civil, Tax, Budget, Administrative Offenses, Criminal. Certain issues are regulated by federal laws. The laws that establish state requirements for entrepreneurial activity are, for example, the Laws of the Russian Federation “On State Registration of Legal Entities and Individual Entrepreneurs”, “On Licensing Certain Types of Activities”. The legal status of individual participants in entrepreneurial activity is established by the Federal Laws "On Joint Stock Companies", "On Production Cooperatives", "On Financial and Industrial Groups". The list of legislative acts can go on and on.

Work of students with a document (Civil Code).

According to paragraph 1 of Article 2 of the Civil Code of the Russian Federation, entrepreneurial activity is recognized 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.”

(Slide 4)

The legal regulation of entrepreneurship is based on a number of basic legal principles. Let's designate some of them.

Principlefree economic activityproclaimed in article 34 of the Constitution of the Russian Federation.

Working with a document (Constitution)

At the same time, freedom can be limited if it is required by the protection of the constitutional order, morality, health, environmental safety, etc.

Think about what you can not do as an entrepreneurial activity.

Principlesupport for fair competition and the inadmissibility of entrepreneurial activityaimed at monopolizing the market, was developed in a number of laws. The problem of market monopolization arose almost simultaneously with the transition to the market.

Think about competition and monopoly.

The principle of diversity of forms of ownership, their legal equality and equality of their protection is enshrined in Article 8 of the Constitution of the Russian Federation.

Work of students with a document (Constitution)

2) ORGANIZATIONAL AND LEGAL FORMS OF ENTREPRENEURSHIP
Participants in a business relationship are called subjects of business law. Who can be a business owner? What is the best way to start your own business? Entrepreneurial activity of citizens can be formalized either as individual entrepreneurship or as a farm. The organizational and legal forms in which commercial organizations can exist are very diverse: these are economic partnerships (general partnerships and limited partnerships), business partnerships (limited liability companies, additional liability companies, joint-stock companies), production cooperatives. The state can participate in entrepreneurial activity through state and municipal unitary enterprises, joint-stock companies. Let us dwell on the most common forms of entrepreneurship.

(Slide 5)

The students work with the spreadsheet.

The concept of "individual entrepreneurregistered without forming a legal entity” (IPBOYuL) is widely used today. Article 23 of the Civil Code of the Russian Federation determines that a citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration. An individual entrepreneur has a wide range of rights: he can register his trademark or service mark, act under a company name. Like any commercial organization, it has the right to use hired labor in accordance with applicable law. The official status of an individual entrepreneur means his recognition by the state and the creation of favorable conditions for his entrepreneurial activity (non-interference, legal protection), but at the same time, it provides for the presentation of certain requirements (reporting, taxation). Qualification requirements can also be presented to an entrepreneur, for example, if he is engaged in private security activities, teaching, etc. the simplest option does not require a significant start-up.

However, the risks are also great: an individual entrepreneur bears full property responsibility - he is liable for his obligations with all his property. Perhaps that is why they often try to engage in entrepreneurial activities without official registration - for example, to produce "handicraft" things, to trade without having a permit - but such activities are illegal!

The form of organization of legal entities arepartnerships. The capital in the organization is divided into shares (contributions) of the founders; only individual entrepreneurs (not just citizens!) and commercial organizations can be founders of partnerships; the minimum number of participants is 2. The Civil Code of the Russian Federation distinguishes between two forms of partnerships: a general partnership and a limited partnership.

In a full partnership, the participants are not only liable for the debts of the partnership with their property, but are also jointly and severally liable for each other: "one for all and all for one." The minimum amount of capital required for the formation of a general partnership is not established, which is easy to explain: the responsibility that its participants bear is quite enough. A participant who has withdrawn from the partnership is liable for the obligations of the partnership for another two years.

In a limited partnership, in addition to the participants who are liable for the obligations of the partnership with all their property, there are several participants-contributors who bear the risk of losses only within the limits of their contributions and do not take part in the implementation of entrepreneurial activities by the partnership. The contributor of a limited partnership has the right to receive a part of the profit due to his share. The contributor (unlike the participant) has the right to withdraw from the partnership at any time and receive his contribution.

Let's try to find strengths and weaknesses in partnerships (whatever their form). Let's start with organizational difficulties: in order to create a partnership, a citizen must first register as an individual entrepreneur. A partnership requires maximum trust between partners (the name itself is not accidental). The responsibility is also great: one has to answer not only for oneself, but also for the "comrade", and, possibly, with one's property. However, the partnership form is more trustworthy than other forms of business, both among clients and creditors.

Founderslimited liability companies (LLC)can be both citizens and legal entities (minimum number of participants - 1, maximum - 50). The authorized capital of an LLC consists of the value of the shares of the participants and determines the minimum amount of property of the organization being created. It must be at least 100 times the minimum wage. The capital is divided into shares among the participants of the LLC in accordance with the constituent documents (there will be as many shares as there are participants forming the LLC, while their shares may not be equal). The contribution to the authorized capital can be money, securities, material assets. If one of the LLC participants expressed a desire to withdraw from the company, then it is obliged to make settlements with him, that is, to pay the cost of his share. The participants of the company are not liable for its obligations and bear the risk of losses associated with the activities of the LLC, only to the extent of the value of their contributions. It is this form of entrepreneurship that occurs most often - it attracts many things: wide opportunities in determining the participants in the future LLC; a relatively simple procedure for leaving society; a certain "irresponsibility" - the maximum risk corresponds to the size of the entrepreneur's contribution. True, one should not forget that in order to create an LLC, a statutory one is required, the minimum size of which is stipulated.

Joint-stock company- another form of commercial organization. The authorized capital of the company is divided into a certain number of shares, which certify the obligations of the joint stock company to its shareholders. Founders, as in the case of an LLC, can be both citizens and legal entities. A joint-stock company can be open (JSC), then you can conduct an open subscription for issued shares, freely sell shares. In a closed joint-stock company (CJSC), shares, as a rule, are distributed only among participants; subscription for issued shares and their free sale is not conducted. The authorized capital of an open joint stock company must be at least 1,000 times the minimum wage, a closed joint stock company - at least 100. A shareholder may withdraw from the company by selling his shares. Members of a joint-stock company (shareholders) are not liable for the obligations of the company, but bear the risk of losses only to the extent of the value of their shares. The pros and cons of joint-stock companies and limited liability companies are very similar.

have a very special statusstate and 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 a unitary enterprise is indivisible (hence the name "unitary"). The head of such an enterprise is its sole executive body. The procedure for appointment and removal from office of the head of the unitary (director, general director) and other issues are determined by the Charter of the enterprise. The immovable property of a unitary enterprise cannot be sold, leased, etc. because it is not the property of an enterprise, but of state or municipal property.

There are other organizational and legal forms of entrepreneurial activity. You have decided to become an entrepreneur - where do you start?

3) HOW TO OPEN YOUR BUSINESS

(Slide 6)

The difficult decision to create your own business will require serious efforts from the entrepreneur. Let's try to identify the stages through which any of the entrepreneurs will move towards the implementation of their ideas. By the way, about ideas: the very first stage of creating your own business will be the decisive stage - the justification of entrepreneurial ideas, since it is at this stage that economic interest and motives for future entrepreneurial activity are revealed. At the same time, the desire to earn money should be based on a simple market principle: find a need and satisfy it. For example, it is unlikely that anyone will be interested in your desire to manufacture paper airplanes - most likely, they will not be in demand. We need to come up with something more original: for example, along with foreign-style fast food establishments, all kinds of patties and pancakes quickly appeared in Russia.

You have decided what you will do. What to do next? For those who decide to create a commercial organization, it is necessary to determinethe composition of the founders and choose the organizational and legal form of the future organization. The founders of the company can be both individuals and legal entities. Of course, it is good if like-minded people and enthusiasts of their business become founders - then the probability of success increases. You already know that there are rules that provide for the composition and number of founders. For example, a business company can be created by one person; the number of shareholders of a closed company cannot exceed 50 people, and the number of shareholders of an open joint stock company is not limited. There are other restrictions: civil servants cannot be founders. You are already familiar with some possible organizational and legal forms. The founders have the right to choose any of them.

An important issue is the developmentname of commercial organization. According to Article 54 of the Civil Code of the Russian Federation, a legal entity must have its own name, which must include its legal form. For example, Vera LLC. A brand name can be represented by a first or last name, it can reflect the nature of the activity, it can be arbitrary - the fantasy here is almost limitless. To prevent the names from repeating, there is a mandatory preliminary check for non-repeatability, originality of the name. A special procedure has been established for the use of the words "Russia", "Russian Federation" in the names of commercial organizations - for this you will need additional permission. Why do you think this was done?

Next stage -registration of constituent documents. If in doubt, it is better to consult with experts. As for constituent documents, for cooperatives, unitary enterprises, joint-stock companies, such a document is the Charter. For partnerships, you will need to draw up a Memorandum of Association. For limited and additional liability companies, it is necessary to draw up both the Charter and the Memorandum of Association. Let's clarify what these documents are.

Charter (code of norms and rules)includes such sections as general provisions, goals and subject of activity, characterizes the material and technical base and means of the enterprise, management and control bodies, describes the production, financial and economic activities of the enterprise, provides for the conditions for the reorganization and termination of the activities of the organization being created.

Memorandum of association(an agreement of two or more parties) fixes the legal status of the enterprise being created, fixes the authorized capital and the procedure for its formation, establishes the procedure for distributing income, and the obligations of the parties. Being a multilateral document, the contract is signed by individuals and legal entities that have concluded it. Exemplary samples of the necessary constituent documents of the legal form of business you have chosen can be found in legal reference publications.

The final step in starting your own business isstate. Absolutely all legal entities are subject to state registration with the authorized state body - the Federal Tax Service. Data on all created legal entities are entered in the state register, by the way, data on the reorganization or liquidation of the company are also entered in the same register. To register a newly created organization, the following documents must be submitted:

- application for state registration in the approved form. It, among other information, confirms that the submitted constituent documents comply with the requirements established by the legislation of the Russian Federation and the information indicated in them is reliable. The signature of the applicant must be notarized;
- the decision to establish a legal entity. This may be the minutes of the meeting of the founders, the memorandum of association or other document in accordance with the legislation of the Russian Federation;
- constituent documents of a legal entity (originals or notarized copies);
- a document confirming the payment of the state fee.

Individual entrepreneurs are registered with the tax authorities at the place of residence. To do this, the entrepreneur personally submits an application for state registration in the prescribed form; a copy of the main document confirming his identity (passport); document confirming the payment of the state fee.

The process of state registration should not take more than 5 working days from the date of submission of documents. Based on the decision on state registration, data on a newly created legal entity or an individual entrepreneur are entered into the relevant state registers; after which the applicant is issued a document confirming this fact - the Registration Certificate. Can you be denied registration? The answer is found in Article 51 of the Civil Code of the Russian Federation, which states that a refusal to register can only be justified by a violation of the procedure established by law for the formation of a commercial organization or by a discrepancy between the constituent documents of the law. They cannot refuse you because your activity is “no one needs”.

The fact that state registration has been passed is not enough. It is necessary to make a seal, the sketch of which is also registered and entered in the appropriate register. The state keeps records of existing legal entities: all organizations must be registered with the statistical authorities, where the legal entity is assigned the appropriate codes. Only then can you open a bank account. Individual entrepreneurs are also required to provide data to the State Statistics Committee of Russia. The Tax Code of the Russian Federation requires all legal entities and individual entrepreneurs to make timely payments. To do this, you need to register with the tax authorities, about which you will receive the appropriate Registration Certificate. It is also necessary to register with state extra-budgetary social funds: pension, employment, state social insurance, medical insurance. It is through these funds that pensions will be accrued and sick leave paid.

For certain types of business, special state control is required, then you need one more document - a license - a special permit to carry out a certain type of activity, subject to the requirements and conditions. According to the Law of the Russian Federation "On Licensing Certain Types of Activities", educational, exchange, insurance and other types of activities are subject to licensing.

And now the documents on state registration have been collected, a license has been obtained, if necessary, which means that you can start working calmly. Hard? Troublesome? Yes! However, if you think about it, such a serious control over entrepreneurial activity by the state should protect consumers from all kinds of low-quality products, unscrupulous services and fraud. Perhaps the current legislation is not perfect. The amount of paperwork required to organize your business seems overwhelming. And today it is one of the obstacles to the further development of entrepreneurship in Russia. But let's remember: relatively recently, the concept of "" sounded like something obscene, and there was no business law at all. So things are changing, and very quickly.

An insidious thought may come to mind: how to do without state registration?

Let us turn to the current legislation: the implementation of entrepreneurial activities without state registration is an offense and entails administrative or criminal liability. The correct legal registration of your activities, knowledge of the intricacies of the legal regulation of this area will not only allow you to obtain an appropriate status in society, but will also lead to an increase in the efficiency of entrepreneurial activity.

4. Consolidation of the studied material
1).What is entrepreneurship?
2). Define business relationship. What laws govern business relationships?

3). What principles underlie business law? Comment on them.

4). What are the main organizational and legal forms of entrepreneurship.
5). Task: Think about what kind of business you could open. Based on the material of the paragraph, select the organizational and legal form for doing business. Justify your choice

6). Make a memo "For a novice entrepreneur". Specify what documents you need to collect, where to register in order to open your own business.

5. Homework: study paragraph 5

Documentation

Article 1 of the Civil Code

Entrepreneurial activity is recognized as “an independent activity carried out at one’s own risk, aimed at systematically obtaining 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”

Article 34 of the Constitution

"Everyone has the right to free use of his abilities and property for entrepreneurial and other economic activities not prohibited by law."

Article 8 Constitution

“The Russian Federation recognizes and protects equally private, state, municipal and other forms of ownership.” Priorities, preferences in protection of this or that form of property cannot be established. The variety of forms of ownership has been developed in various organizational forms of entrepreneurial activity.

From the Code of the Russian Federation on Administrative Offenses

Article 14.1.Carrying out entrepreneurial activities without state registration or without special permission ()

1. Carrying out entrepreneurial activities without state registration as an individual entrepreneur or without state registration as a legal entity - shall entail the imposition of an administrative fine in the amount of from five to twenty times the minimum wage.<...>

From the Criminal Code of the Russian Federation

Article 171Illegal entrepreneurship 1. Carrying out entrepreneurial activities without registration or in violation of the registration rules, as well as submitting documents containing deliberately false information to the body that carries out state registration of legal entities, or carrying out entrepreneurial activities without a special permit (license) in cases where such permission (license) is mandatory, or in violation of licensing requirements and conditions, if this deed has caused large damage to citizens, organizations or the state, or is associated with the extraction of income on a large scale *, - shall be punished by a fine in the amount of from three hundred to five hundred times the minimum wage ... or by compulsory works for a term of one hundred and eighty to two hundred and forty hours ... or by imprisonment for a term of up to three years.

Synopsis of an open lesson in social studies in grade 11

Lesson topic: Legal basis for entrepreneurial activity

The purpose of the lesson: to promote the consolidation of students' knowledge of the legal foundations of entrepreneurial activity through the organization of project activities and solving economic problems, understanding the importance of this knowledge in life.

Tasks:

1) update students' knowledge of the legal foundations of entrepreneurial activity;

2) to develop in students the ability to apply the acquired knowledge in practice: to draw up a project of their own business, to solve problems; develop project skills;

3) contribute to the formation of the economic culture of students.

Lesson type: knowledge consolidation lesson

Lesson form: lesson - workshop

Equipment:

1.Projector, presentation "Legal foundations of entrepreneurial activity"

2.Constitution of the Russian Federation

3. A package with handouts - task cards, identification cards.

4. Writing on the board. Epigraph

Every citizen has the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law.

(Constitution of the Russian Federation, Article 34)

Lesson content plan

During the classes.

1. Organizing moment

The English economist - scientist Adam Smith considered one of the most important conditions for the prosperity of the state - the absence of obstacles to the development of personal initiative, which is the basis of entrepreneurial activity. Market relations are directly related to the manifestation of economic self-activity of people. In Russia, entrepreneurial activity began in the 90s, and at present it has increased its importance.

How would you define the purpose of our lesson?

We work according to the following plan(slide 1)

1. The world of entrepreneurship. (Knowledge update)

2. Own business (Project protection)

3. Legal foundations of entrepreneurship (Solution of practical problems)

2. Work on the topic of the lesson

A) Updating students' knowledge on entrepreneurship.

- ? What does the term "entrepreneurial activity" mean?(slide 3)

-? Are entrepreneurship and business synonymous?(slide 4)

What applies to the subjects and objects of entrepreneurship?(slide 5)

- ? Who can be an entrepreneur?(slide 6)

- Name the types of entrepreneurship(slide 7)

- Recall the main forms of entrepreneurship(slide 8)

Relaxation music break. (slide 9)

Teacher : It is very important not only to master the theory, but also to apply your knowledge in practice. At the next stage of work, you have to do this.

B) Workshop. Fulfillment of practical tasks. Group work.

Task number 1. Project Protection

"My idea of ​​the organizational and legal form for doing business"(slide 10)

Task number 2. Fill in the comparison table(slides 10, 11)

comparison lines	Ltd	OJSC	Production cooperative
Number of participants
business

answer

comparison lines	Ltd Limited Liability Company	OJSC Public corporation	Production cooperative
Responsibility for obligations	Deposit amount	Amount of share value	Equal to share
Number of participants	No more than 50	Not limited	Not less than5
business	average	large	small

Task number 3. Problem solving (slide 13)

№1

What form of ownership does this example illustrate? What other rights do its employees have? Name 2 such rights. (right to transfer and sell shares, right to exit)

№ 2

The firm "Aelita" has arisen as a result of association of persons and property. The founding document of the company is the memorandum of association. Participants are liable for obligations with all their property. What organizational and legal form is "Aelita"? (general partnership)

№ 3

What do LLCs and JSCs have in common? (answer: 3)

№ 4

At the general meeting of the production cooperative, a resolution was adopted to transform it into a joint-stock company. A member of the cooperative, citizen N., dissatisfied with this decision, wrote a statement of withdrawal from the cooperative. What should N. get in the calculation? (own share and part of the property corresponding to this share)

Task number 4 .Name the conditions for successful entrepreneurship(slides 14, 15)

3. Reflection

Teacher: Let's go back to the lesson

How does it relate to the content of the lesson?

What thoughts did today's lesson lead you to? What did he give you?

Evaluation by the teacher of the work of the class as a whole and of each student individually.

4. Homework:paragraph 6, draw up diagrams, write out concepts.

Used Books:

1.L.N. Bogolyubov. Social science grade 11, basic level. – M.: Enlightenment, 2011.

2. A.B. Bezborodov, V.V. Minaev. Social science in questions and answers. - M .: Prospekt, 2012.

3.P.A. Baranov, S.V. Shevchenko. Social science. Complete guide. – M.: AST, 2014.

4.G.O.Astvatsaturov. Modular - reductive learning in the lessons of history and social studies. - V .: Teacher, 2009.

Task #1

Konstantin Viktorovich worked for many years as a mechanic at the Voskhod enterprise. As the owner of securities, he received part of the profits of the enterprise; participated in the annual meetings, where issues of improving the efficiency of the enterprise were discussed. The right to income remained with him even after retirement.

What form of ownership does this example illustrate? What other rights do its employees have? Name 2 such rights.

Task #2

The firm "Aelita" has arisen as a result of association of persons and property. The founding document of the company is the memorandum of association. Participants are liable for obligations with all their property. What organizational and legal form is "Aelita"?

Task #3

What do LLCs and JSCs have in common?

1. The minimum number of participants is 1, the maximum is 50
2. The authorized capital consists of the value of the shares of participants
3. Citizens and legal entities can be founders
4. Society can be open or closed

Task #4

At the general meeting of the production cooperative, a resolution was adopted to transform it into a joint-stock company. A member of the cooperative, citizen N., dissatisfied with this decision, wrote a statement of withdrawal from the cooperative. What should N. get in the calculation?

Preview:

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Slides captions:

Legal bases of entrepreneurial activity 1. The world of entrepreneurship. (Updating knowledge) 2. Own business (Project protection) 3. Legal foundations of entrepreneurship (Solving practical problems)

“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” According to paragraph 1 of Art. 2 of the Civil Code of the Russian Federation, entrepreneurial activity is recognized

According to Article 34 of the Constitution of the Russian Federation, every citizen has the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law Business Entrepreneurship Economic activity of people, the purpose of which is profit, income or other personal benefits. This business activity is ultimately aimed at the performance of commercial transactions for the exchange of goods or services. The initiative independent activity of people, carried out on their own behalf, at their own risk and aimed at generating income, profit from the use of property, the sale of goods, the provision of services. Associated with risk, initiative, enterprise, independence, responsibility, active search.

Economic freedom Maintaining a competitive environment in the economy Creation of a legal framework for the development of entrepreneurship Conditions for the successful development of entrepreneurial activity on a national scale

Entrepreneurship Entities Objects private individuals various associations (joint stock companies, cooperatives) the state any types of economic activity commercial mediation trade and procurement, innovation, consulting activities, operations with securities

Entrepreneurs Legal entities Organization, institution, firm acting as a single, independent bearer of rights and obligations. Individuals A person participating in economic activity as its full-fledged subject. He acts on his own behalf, can be engaged in entrepreneurship from the moment of state registration as an individual entrepreneur. Commercial legal entities Non-commercial legal entities

Types of entrepreneurship Kind Essence Industrial entrepreneurship Production of goods, services, information, spiritual values ​​Commercial entrepreneurship Consists of operations and transactions for the resale of goods, services and is not related to the production of products Financial entrepreneurship Is a type of commercial entrepreneurship. The object of sale and purchase here is money, currency, securities. Intermediary entrepreneurship Manifested in activities that connect parties interested in a mutual transaction. Insurance entrepreneurship A special form of financial entrepreneurship in which the entrepreneur receives an insurance premium, which is returned only upon the occurrence of an insured event.

Forms of entrepreneurship Business partnerships Business companies Production cooperatives (artels) State and municipal unitary enterprises General partnerships Limited partnerships Companies with additional liability Open joint-stock companies Closed joint-stock companies

Task number 1 Protection of the project “Own business. My idea of ​​the organizational and legal form for doing business”

Task No. 2 Lines of comparison Limited Liability Company (LLC) Joint Stock Company (JSC) Production Cooperative Responsibility for obligations Number of business participants Fill in the comparative table

Lines of comparison LLC Limited Liability Company OJSC Open Joint Stock Company Production Cooperative Liability for obligations Size of contribution Amount of share value Equal to share Number of participants Not more than 50 Not limited Not less than 5 business medium large small

Task number 3 Solve problems (on cards)

What are the conditions for successful entrepreneurship Task number 4

Every citizen has the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law. (Constitution of the Russian Federation, Article 34) Epigraph

English writer George

Bernard Shaw (1856-1950) -

claimed:

“Economy is the ability to make the best use of life”

Three main questions of economics

What to produce?

How to produce?

For whom to produce?

LEGAL FRAMEWORK

ENTREPRENEURSHIP

For a consultation

Lawyers are often approached by people who want to start their own business, do business.

Entrepreneurial ability

called the 4th factor of production

The sources of business law are

• Constitution of the Russian Federation
• Civil Code
• tax code
• Budget Code
• About administrative offenses
• Criminal Code
• federal laws

Principles of legal regulation of entrepreneurship:

• principle of free economic activity
• fair competition principle
• principle of diversity of forms of ownership

Individuals (citizens)

individual entrepreneurs;

farms

Business entities

Legal entities

Unitary enterprises

Business companies

Partnerships

Production cooperatives

HOW TO OPEN YOUR OWN BUSINESS.

WHERE TO BEGIN?

WHERE TO BEGIN?

• Choose the organizational and legal form of the future organization.
• Development of the name of a commercial organization.
• Registration of constituent documents.
• Charter.
• Memorandum of association.
• State registration.

MAIN COMPONENTS OF THE MARKET

SENTENCE

Types of company costs

Permanent

Variables

• room fee
• license fee
• administrative staff salary
• security of the premises
• bank loan interest
• insurance premiums

• payment for raw materials and materials
• workers' wages
• electricity fee
• transport service fee

Document page 66

questions about the document

According to Article 34 of the Constitution of the Russian Federation, every citizen has the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law. According to Article 34 of the Constitution of the Russian Federation, every citizen has the right to freely use his abilities and property for entrepreneurial and other economic activities not prohibited by law.

Independent initiative economic activity aimed at making a profit. The intellectual activity of an energetic, enterprising person who uses his material values ​​to organize and manage a business. Not every business is an entrepreneurship. insurance agent, stenographer stenographer

A legal entity is an organization that: Has separate property (in ownership, economic management, operational management) Responsible with this property for its obligations Can acquire property and personal non-property rights on its own behalf, incur obligations Can be a plaintiff and defendant in court A legal entity must have independent balance or estimate

Types of commercial organizations of organizations Business partnerships Business companies Production cooperatives (artel) State and municipal unitary enterprises General partnerships Limited partnerships (limited partnerships) Joint-stock companies Limited liability companies Additional liability companies Open joint-stock companies Closed joint-stock companies

GENERAL PARTNERSHIP LIMITED PARTNERSHIPS unlimited joint and several liability of participants for obligations under the obligations of the partnership along with general partners there are one or more participants - contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made by them and do not take part in business activities

Limited Liability Company Members of the Company are not liable for its obligations and bear the risk of losses associated with its activities only to the extent of the value of their contributions. Additional Liability Company Members assume responsibility for the obligations of the Company not only in the amount of contributions made to the authorized capital but also with other property

Other commercial organizations Production cooperative (artel) membership in a cooperative implies membership in a cooperative implies personal labor participation in its activities personal labor participation in its activities an enterprise on the right of economic management or operational management; in case of a lack of funds, the state bears subsidiary liability for the obligations of the enterprise.

Types of entrepreneurship Type Essence Industrial entrepreneurship Production of goods, services, information, spiritual values ​​Commercial entrepreneurship Consists of operations and transactions for the resale of goods, services and is not related to the production of products Financial entrepreneurship Is a type of commercial entrepreneurship. The object of sale and purchase here is money, currency, securities. Intermediary entrepreneurship Manifested in activities that connect parties interested in a mutual transaction. Insurance entrepreneurship A special form of financial entrepreneurship in which the entrepreneur receives an insurance premium, which is returned only upon the occurrence of an insured event.

Forms of Entrepreneurship Type of firms Entity Sole proprietorship A business owned by one person. He has unlimited property liability, and he has little capital. Partnership or partnership A business owned by two or more people. They make joint decisions and bear personal financial responsibility for the conduct of the case. A cooperative is similar to a partnership, but has a larger number of shareholders. Corporation A set of persons united for a joint business activity. The right to property of a corporation is divided into parts by shares, so the owners of corporations are called shareholders, and the corporation itself is called a joint-stock company.

How to open your own business. How to open your own business. 1. Substantiation of entrepreneurial ideas (identification of economic interest and motives for future entrepreneurial activity) 2. Determination of the composition of the founders and the organizational and legal form of the future organization. 3. Development of the name of the commercial organization. Art. 54 of the Civil Code of the Russian Federation says that a legal entity must have its own name, which must indicate its organizational and legal form.

4. Registration of constituent documents: Charter - a set of norms and rules, including the following sections: - General provisions - General provisions - Purposes and subject of activity - Purposes and subject of activity - Characterizes the material and technical base and means of the enterprise - Characterizes the material and technical base and means enterprises - Management and control bodies - Management and control bodies - Describes the production, financial and economic activities of the enterprise - Describes the production, financial and economic activities of the enterprise - Provides for the conditions for the reorganization and termination of the activities of the organization being created - Provides for the conditions for the reorganization and termination of the activities of the organization being created Memorandum of Association - an agreement between two or more parties that fixes: - The legal status of the enterprise being created - The legal status of the enterprise being created - Fixes the authorized capital and the procedure for its formation - Fixes the authorized capital and the procedure for its formation i - Establishes the procedure for the distribution of income, the obligations of the parties - Establishes the procedure for the distribution of income, the obligations of the parties

5. State registration All legal entities are subject to registration with the Federal Tax Service All legal entities are subject to registration with the Federal Tax Service Documents required for registration: Application for state registration in the approved form Application for state registration in the approved form Decision to establish a legal entity (for example, protocol meeting of founders, etc.) Decision on the establishment of a legal entity (for example, minutes of the meeting of founders, etc.) Constituent documents of a legal entity Constituent documents of a legal entity Document on the payment of the state fee Document on the payment of the state fee more than 5 working days from the date of submission of documents. Data on a newly created legal entity is entered into the state register, after which a Registration Certificate is issued.

6. For certain types of entrepreneurship, special state control is required, then it is necessary to obtain a license - a special permit to carry out certain types of activities, subject to mandatory compliance with the requirements and conditions. According to the Law of the Russian Federation “On Licensing Certain Types of Activities”, the following are subject to licensing: Educational Educational Exchange Exchange Insurance and other types of activities Insurance and other types of activities

A member of a cooperative differs from an employee of a state enterprise: 1) compliance with labor law 2) the right to participate in the distribution of profits of the enterprise 3) the desire to receive higher wages 4) the introduction of rationalization methods of production

What form of ownership does this example illustrate? What other rights do its employees have? Name two such rights. Konstantin Viktorovich worked for many years as a mechanic at the Voskhod enterprise. As the owner of securities, he received part of the profits of the enterprise; participated in the annual meetings, where issues of improving the efficiency of the enterprise were discussed. The right to income remained with him even after retirement. Konstantin Viktorovich worked for many years as a mechanic at the Voskhod enterprise. As the owner of securities, he received part of the profits of the enterprise; participated in the annual meetings, where issues of improving the efficiency of the enterprise were discussed. The right to income remained with him even after retirement.

Establish a correspondence between the organizational and legal types of enterprises and their characteristics CHARACTERISTICS A. upon exit, the participant receives the value of his share 1. Joint-stock company B. the authorized capital is formed from the value of the contributions of participants 2. Production cooperative C. the executive bodies are the board and chairman 3. Company with limited liability D. the number of members cannot be less than 5 E. if the number of members is more than 50, a board of directors is created

Homework: §5 §5 Questions and assignments on page Questions and assignments on pages 64-65