Signs of the production cooperative. The Law "On State Registration of Legal Entities and Individual Entrepreneurs"

In Russia, there are many opportunities for the activities of a variety of commercial organizations. And one of the most interesting is the cooperative production type. It is radically different from other similar structures and opens up unique opportunities for participants.

Key Concepts

To fully understand the topic, you need to consider the concept and characteristics of the production cooperative (he is an artel). It would be logical to begin by describing the characteristics of this organization.

So, what is it worth to understand by a production type cooperative? In fact, it is a question of one of the possible organizational and legal forms of a commercial legal entity. This form has a full legal basis, which can be found in Art. 50 of the Civil Code of the Russian Federation.

If you pay attention to Art. 65, it can be learned that similar organizations also apply to corporate entities. This fact is due to two reasons:

• The founders of such an organization have the right to participate in the regulation of internal processes;
• In the framework of the artel, the supreme body of the structure can be organized.

Considering the characteristics of a production cooperative, It should be understood that he, just like other similar organizations (societies, partnerships), is based on the principle of membership and commercial activity. But at the same time it has a unique feature: for its formation, joint work participation in key activities is more often used, and not the property of the founders, although the latter also takes place.

Main features

If we study a number of features that the PC possesses, we can conclude that such an organization is an association not only of persons, but also of capitals. These resources are used at the same time, but the participation of the members of the artel makes a more tangible accent. This fact confirms the key features of the production cooperative:

• Regardless of the size of the share, the participants have equal rights;
• Membership is used as the basic principle of organization of the structure;
• Joint implementation of production and economic activities as such is permitted;
• Self-government and electivity are the basis for regulating internal processes;
• The structure itself is formed only in case of a voluntary initiative of its participants;
• Methods of carrying out the activities of the organization involve amateur and mutual assistance.

Thus, the characteristics of a production cooperative allow us to assert that such a structure can be formed only after a voluntary agreement of future participants on the establishment of a free cooperative organization.

Nuances of the format of the union

The totality of the above characteristics of the commercial organization in question indicates a constant combination of labor participation of members of the structure with the use of capital.

This information allows you to better understand the essence of the processes within the framework of such an organization.

Since one of the key elements is capital, consisting of individual shares provided by participants, the activities of the production cooperative will inevitably include tasks related to the extraction of profits. But do not forget about the different individuals, the union of which forms the organization itself. Each of the participants has certain interests (social, economic, etc.), which in the process of identifying and performing tasks will inevitably have to be taken into account.

As a result, the following conclusion becomes obvious: the process of profit extraction and distribution of funds received is always governed by the objectives of the participants. Actually, the signs of a production cooperative also include this feature of such a commercial organization.

Legal Status

If we analyze the issue of the status of such organizations, then it is worth noting the uniqueness of such a form of doing business. In more detail, the organization of the cooperative provides an opportunity to combine many opportunities associated with the implementation of freedoms, interests and rights of citizens acting as participants. It is this feature that such commercial organizations are fundamentally different from other forms of entrepreneurial activity.

The aforementioned scope of possibilities allows the member of the structure to legitimately exercise the following rights:

• Use of their resources for doing business;
• Possession, disposal, use of property jointly with other persons, and not solely;

• Free choice of profession and activities in general, as well as full-time labor activity within the chosen direction;
• Free use of their own abilities to carry out entrepreneurial activities.

All these rights are defined by the Constitution of the Russian Federation and can be fully implemented within the production cooperative, which is formed in full compliance with the requirements of the law on state registration of legal entities and individual entrepreneurs.

Forming a cooperative

Based on the above information, we can conclude that this form of entrepreneurial activity, like a production cooperative, is uniquely relevant. Now we need to decide how it can be organized.

First of all, you need to start by registering the cooperative itself. This process is inevitable and requires a lot of attention. A full understanding of this issue will help get the law on state registration of legal entities and individual entrepreneurs.

Initially, a certain number of legal entities that are potential participants must make a voluntary decision regarding the formation of such a commercial organization. After that, it is worthwhile to start drafting the statute, without which the artel can not be registered. The document must be approved at the general meeting of the founders.

It is important to take care of the name. To it it will be necessary to add the words "artel" or "production cooperative".

In the decision to create a cooperative, which the organization provides to the registration authority, the following information should be displayed:

• Information concerning the establishment of the cooperative and the approval of its charter;
• Data on the amount, procedure, methods and timing of the formation of the organization's property;
• A description of the principles for selecting the key bodies of the structure and the provision of voting results on the main issues.

For a detailed display of information of this kind, a protocol is drawn up. The final stage will be the submission to the local registering body of the minutes of the meeting of founders, a statement drawn up in accordance with the established form, as well as documentary confirmation of payment of the state fee and the charter itself.

Differences from state and municipal forms

To begin with, it is worth recalling how the production cooperative differs from such structures as municipal enterprises and not only.

First of all, it makes sense to recall the personal labor participation of members of the organization in the activities of the cooperative. Next, you need to pay attention to equality in the management of the structure. Another sign that distinguishes the PC among other organizations is the division of property into shares belonging to the participants.

In addition, there is also subsidiary liability of members for the debts of the cooperative. It is also important to know that, according to the current legislation, public authorities and local self-government bodies should promote the development of commercial organizations of this type.

Assistance can have the form of benefits, including tax, in the sphere of provision of services and production of goods. It is also possible to ensure the structure of land and non-residential property, which the cooperative can, if necessary, be redeemed. Moreover, state bodies can provide artels with access to information necessary for full-fledged activity.

If we consider municipal enterprises, then, first of all, it should be noted that they are created primarily in unitary form. The main shareholder in enterprises of this type is the state, and, as a consequence, they are on its balance sheet. Nevertheless, it is worth paying attention to the fact that ownership of such organizations belongs to local municipalities, namely urban or rural settlements.

Property issue

Ownership of production cooperatives is divided into shares of the participants in the organization, and they are proportional to the contribution of each of them.

As for profit, it is distributed among the members of the structure according to their participation in the activities of the artel. If the process of liquidation of the organization is launched, then each member will be able to withdraw its share, which is calculated as a percentage.

It makes sense to pay attention also to the sources of the formation of the organization's property:

• Income received in the course of the activities of the artel;
• Property contributions of cooperative members;
• Any other sources of income that are not prohibited by applicable law.

To complete the picture, one more fact should be noted: the property formed by the shares of the participants is the property of the cooperative, and not the shared property of the members of the cooperative.

Possible Activities

Current legislation currently determines which activities are accessible and legal for the production cooperative. These are the following areas:

• building;
• trade;
• Organization of design and research and development;
• Various types of services, including domestic services;
• Production, marketing, as well as processing of agricultural, industrial and other products;

• Extraction of minerals and natural resources per se;
• Providing marketing, legal, medical and other types of services that are not prohibited by law;
• Collection and subsequent processing of secondary raw materials.

As you can see, the opportunities for active activities of the members of the artel are more than enough.

Rights

Opportunities and permissible facets of cooperative activities have been described above. But, if we pay attention to the rights of the production cooperative, then it can be argued that the key is the opportunity to own property and carry out economic activities. Without this, the existence and development of the organization would be extremely problematic.

It makes sense to pay attention to the rights of its members. So, it is worth recalling that each participant is given the opportunity to vote at the time of the decision. And this fact does not depend on the size of the share.

Members of the organization are also actively involved in the activities of the artel, obtaining their share of profits, electing others and submitting their candidatures, requesting the necessary information from officials.

Possible forms of structure

There is no need to wait for a wide variety. The main difference between such organizations will be the features of their activities. If we take into account the permissible forms of the production cooperative, then it should be noted that such organizations can unite and form associations.

If necessary, the artel can be reorganized. Legislation allows two types of transformed structures of this type:

• Business association (LLC);
• Business partnership (limited partnership or full partnership).

To initiate such a process, a positive decision of all members of the cooperative will be required.

Results

The fact that Russian legislation permits the formation of a cooperative with the union of both the labor participation of its members and the capital of the latter is unequivocally positive. But this form of commercial organization, unfortunately, is still not widely distributed due to the high subsidiary liability of the participants.