In order to open your own business, first of all, you must decide whether it is necessary for this purpose to create a legal entity, as a current legislation assumes the course of business individual, as a private businessman.
At a decision-making about creation of legal entity (the company with limited liability, join-stock company, production co-operative society, holding etc.) for extraction of incomes as a primary purpose of the activity it is necessary to define its form.
Attention!
After the state registration you carry a complete responsibility for the actions of enterprise up to the moment of exception from a state register.
The current legislation foresees the followings forms of legal entities, carrying out commercial activity, which are most acceptable: the company with the limited liability (CLL), the company with additional responsibility (CAR), full company (FC), commandite association (CA), production cooperative store (PCS) or joint-stock company (JSC), individual enterprise (IE).
Basic concepts of categories of juridical persons
A company with the limited liability is created by one or a few persons (by participants) which form the chartered capital divided into shares. A company with the limited liability according to its duties is responsible for all property belonging to him, but it is not responsible for obligations their own participants.
The participants of the company with additional responsibility unlike the CLL are responsible for its own contribution to the authorized capital, but at insufficiency of these sums - the property additionally belonging in a size, multiple to the contributions endowed by them. The authorized capital of the company is formed by uniting of the founders’ contributions, the initial size of which equal to the sum of contributions of the founders’ and there can not be a less sum, equivalent to one hundred sizes of a month’s accounting factor. In time no more than one year after the state registration of the company all participants must make a contribution into the authorized capital.
A production cooperative store is a voluntary association of citizens on the basis of membership for joint entrepreneurial activity, based on the personal labour participation and association of property payments by its participants. The difference of production cooperative store from an association is an absence of the authorized capital, that the founders of production cooperative store must be no less than two., the members of cooperative store carry an additional (granting) responsibility on the obligations of the cooperative store.
The company is considered to be complete if the participants of which at insufficiency of property of a complete company carries a solidary responsibility on its obligations for all property belonging to it. A commandite company includes alongside with one or more participants, solidary carrying an additional responsibility on obligations of the company also of one or more participants, the responsibility of which is limited by a sum of the contribution contributed by them to the authorized capital of the company and which do not take part in realization of business activity by the company.
A joint-stock company is a legal entity, producing actions with the purpose of bringing in of facilities, for realization of the activity.
Individual businessmen are physical persons, carrying on entrepreneurial activity without formation of legal entity and in default of signs of a legal person.
After determination of an organizing - legal form of a juridical person, you must register an enterprise and get a status of a juridical person. For it you apply to the Department of justice according to the place of location of the juridical person.
