What type of enterprise is a commercial organization?

What is a commercial offer?

This is a mini-presentation of the company’s activities, the squeeze, the salt of the earth - what you are ready to offer to clients here and now . Usually the compr is sent by email or any available method of communication and involves further development of communication with the client. The ideal reaction to receiving a comp is interest in the product, a decision to purchase and the conclusion of an agreement (making a transaction).

Compred is not...

• presentation of a separate product. The commercial proposal usually includes the main categories of goods or services, price lists - that is, it talks about all groups of goods, and not just one. To do this, you need a full-fledged advertising campaign: a separate landing page, PR on social networks and other channels, and so on;
• This is not a text about a company - don’t think that you can copy a site page with that name and you will be happy. The date of creation of your company, the number of employees and even their achievements is a topic for another document, but not for the compresident;
• and not PR for your business. One of the common mistakes is to praise the company while completely forgetting about the client. The golden rule of selling texts: write about the client’s problems and pains, not about yourself. Speak his language.

The essence of a commercial organization

A commercial organization (CO) is a legal entity whose main purpose is to generate profit and distribute it among all participants.

In addition, KO has the features inherent in legal entities:

• the presence of separate property in ownership, economic management or operational management;
• possibility of renting out property;
• fulfillment of obligations on the basis of property owned by them;
• acquisition, exercise on behalf of property of various rights;
• appearance in court as a plaintiff or defendant.

Why do you need to draw up a comped?

1. To tell potential clients about your business. And it doesn’t matter at all if every dog ​​in the city knows you or if everything is described in detail on the company’s website. There will always be an out-of-town client or visitor who does not have time to read the “About the Company” section. But you are always welcome to watch a short compred.
2. To find new clients. This point echoes the first. With the help of a well-designed commercial proposal, you can attract both cold and hot clients. We will talk about this in more detail a little later.
3. To draw attention to the brand. Even if the CP does not work, that is, the client does not buy the product, he can remember the name of your company and then remember it on occasion. It's no secret that people trust brands they've already heard about more. If you manage to attract attention with a stylish design or bright headlines, consider that you have definitely fulfilled one of the functions of the CP.
4. To see your strengths and weaknesses again. This works if you turn to specialists to draw up a compred, who will bring to the light of day the most important thing in your activity.

3PD system + merchandisers

The “3PD + merchandisers” system is the most expensive and effective. All tobacco companies, as well as some brewing and pharmaceutical companies, can afford to use it. Often 3PD is sold on a national scale by one distributor: SNS, Megapolis (tobacco and FMCG market), Protek (pharmaceuticals market), Yuzhny Dvor (household chemicals and perfumes market). Procter & Gamble has about 10 distributors. They place high demands on the product: as a rule, this is the average revenue from the sale of one product item at a retail outlet. This parameter corresponds, for example, to Red Bull products supplied by Megapolis. The quality of operations of these 3PD distributors is often not inferior to the quality of DSD: the same trading houses, branches, process work models, etc.

Table 2. Comparison of 3PD, DS3 and DSD systems

Each system can have one of two types of implementation.

1. Pre-Sales—pre-orders: the sales agent takes the order, it is collected at the distributor’s warehouse, accompanied by documents and delivered within the time specified by the retail outlet via a delivery service. Pre-Sales is the most commonly used system.

2. Van-Sales—sales “from wheels”: the agent drives a car with a stock of products, after receiving the order, collects it on board, issues accompanying documents there and immediately delivers it to the retail outlet. A classic example of the effective operation of this system is the distributors of Procter & Gamble: Magnat, Credo Cosmetics. Van-Sales are widely used when critical sales volume has been reached and the product loaded on the truck is sold in a day. This system is most effective for selling money-intensive goods such as chewing gum, cigarettes, coffee, and household chemicals. Preferably, these products do not need to be promoted: in terms of sales skills, Van-Sales should require less sales force qualifications than Pre-Sales. Manufacturers often use Van-Sales, such as breweries using DSD or DS3 systems, in large cities. As a rule, sales “from the wheels” are carried out in cash, a cash receipt and an invoice with a number known in advance are issued on the spot.

The sales system is applicable to a territory, defined as a set of retail outlets of one or all distribution channels to which efficient delivery by road transport can be carried out from a single warehouse. If the territory is served by one distributor, he is interested in promoting the product, values ​​​​this contract, and it is easier for the sales representative to come to an agreement with the outlet. However, in the Federal Law “On Protection of Competition”, the Federal Antimonopoly Service recalls that agreements between a manufacturer and a distributor, limiting, on the one hand, the trade margin of the latter, as well as the conclusion of an exclusive agreement that prevents the sale of products in other territories, and on the other hand, the possibility of others distributors to sell products in the location in question, limit competition. Among the risks of commercial policy is the signing of contracts of this kind.

When there are two or more companies in the same territory, they compete primarily through the price of the product. This leads to a reduction in the markup, which is reflected in the price for the consumer—it is reduced by 3–5%. If the price struggle becomes prolonged, then it becomes economically unfeasible for the distributor to invest in this product, and it becomes increasingly difficult for the sales representative to sell the entire range and promote new products. After the price phase, the competitive struggle between sales representatives turns into an assortment phase: they sell only what the retail outlet orders.

Considering the geographical extent of Russia, the heterogeneity of its regions in terms of purchasing power and consumption of one or another category of goods, manufacturers in different territories can use different sales systems.

The above-described principles of the enterprise’s commercial policy must be reflected in internal documents: the commercial policy itself, as well as in regulations describing the processes of implementing discounts, the emergence of new clients, etc. - and in external: supply agreements through channels and additional agreements based on them with distributors - on distribution, with networks - on the allocation of shelf space, listing of new products, etc.

It is important to understand that all other types of policy of the commercial directorate: on employee bonuses, trade marketing, work with modern retail formats, organizing a sales network through distributors / a system of its warehouses (trading houses) - are derived from commercial policy. The organizational chart of a department, for example, aims to support the selected distribution system, i.e. effective management of the number of field employees, which is calculated in accordance with the set goals for coverage, merchandising and revenue, and ensure the necessary communications within the commercial department: collection of analytical information, its processing, effective cascading of goals and objectives.

Types of commercial offers

By and large, there are two of them - for cold and hot clients .

Cold KP

Written for a random client who has never heard of you or your product. We have already written about the rules of cold calling - the essence is the same.

Rules for drawing up a cold proposal:

• it is not personalized. Later, when the client “warms up”, you will address him as “Ivan Ivanovich” and know his preferences. A cold CP will be read by a variety of people - therefore, no personal appeals, everything is polite and as average as possible - for everyone;
• it is concise. Imagine that this CP is received by mail by a person unfamiliar with your activities. Will he really read dozens of pages of text, even with pictures? Of course not. Maximum - a few pages, this is quite enough;
• it is universal. You don’t know what exactly will work at the stage of reading the CP, what exactly will hook the reader and future client. Therefore, you need to hit all points at once - at least something will work.

Hot KP

It’s the other way around: the hot CP is sent to the client with whom contact has already occurred . You either talked to him on the phone, or met and discussed the details of cooperation in person, or promised to send him a price list. In a word, he has already taken the bait and is waiting for retaliatory steps from you.

Rules for drawing up a hot proposal:

• it is targeted. You call the client by name and patronymic, focusing on what exactly he wants to receive from you and what to hear;
• it's detailed. For a cold CP, a few pages are enough - in a hot one, you can paint as you please without fear of flooding. If there are special offers, discounts, loyalty programs that are given only to selected clients, be sure to tell us about them too.

Of course, few people make two CPs - for all occasions. And it’s difficult to prepare a hot sales representative in advance without knowing either the client’s first and last name or the goods he is going to purchase. Therefore, companies usually order a cold CP and send it to hot clients, providing it with details and details.

Structure

Small commercial and credit enterprises have a simple structure; as a rule, they do not have separate services, and the duties are performed by responsible people - accountants, salespeople, etc.

But if the company is large, it has appropriate services, each of which is assigned certain responsibilities. What services are these? Let's look at the most necessary ones.

• Marketing and sales services. They study sales markets, conclude supply contracts, make deliveries, the work of the entire enterprise depends on their work.
• Financial services. Manage financial transactions, plan income/expenses, etc.
• Logistics services. Identify suppliers and enter into contracts with them.
• Labor and salary regulation services. The activities of this service are clear; it is here that the salary is planned, the ways of its calculation and issuance.
• Technical services and laboratories. Responsible for plant maintenance.
• Technical control services. The quality of the product depends on their control.
• Personnel services. Manage personnel.

What to do before writing a proposal

1. Identify the target audience and, if it is wide, divide it into segments. It would be a gross mistake to send the same CP to different segments of the target audience: young people and old people, partner companies and individuals, wealthy people and those who live from paycheck to paycheck.
2. Draw up a plan - the structure of the CP. We will write about this in detail below.
3. Contact a specialist - a master of selling texts. You can write it yourself, but we would advise you to take help from a professional.

How to organize?

Many people wonder how easy it is to become a director of a commercial or non-profit organization. Although it may seem that becoming and being a director is easy, in reality this is far from the case. Firstly, there must be enormous responsibility. Much in the work depends on which work concept is chosen.

Becoming a director may be easy, but being one is not so easy. To become a leader (and a good one!), you need to understand all the nuances of conducting commercial and non-profit activities, understand the structure of the enterprise, be able to manage staff and communicate with them (not only strive to ensure that subordinates hear and follow orders, but also be able to listen, determine x needs).

To become the head of a new company (this also includes credit organizations), you definitely need to come up with a charter, develop it and implement it.

The charter is a certain set of internal rules by which the company lives and operates. The charter should be simple and understandable not only to the management team, but also to all subordinates, to each individual employee. The charter is the fundamental concept of every organization. The charter is the first document that a company should have.

Commercial offer structure

There is an unspoken structure that we advise you to adhere to. There is no need to reinvent the wheel - everything has already been invented!

Heading

Almost half of the compr's success depends on the title. If you send it by email, without a bright title, the letter will not even be opened . The headline should interest the client, but not be “yellow” and avoid clickbait.

Offer

This is the essence of KP - your unique selling proposition. You are faced with a difficult task: in just a few sentences, make the reader feel passionate about your product and want to purchase it. An example of a bad offer: “We offer you women’s clothing from India.” Well, what do you offer, so what - what benefit will the client receive? And it’s a completely different matter: “We offer you spring items with a 30 percent discount! Don't wait for summer sales - buy from us in April!” Which option do you prefer?

Line of products or services

Everything is simple here - tell us what you sell . Once again, try to break your target audience into segments so you can sell to them in different ways. For each segment, make your own CP and send it out directly.

Prices, discounts

A standard price list or list of tariffs, where you need to note discounts, seasonal sales, special offers and other amenities.

Benefits of working with you

Tell the reasons why the client needs to contact you . You focus not on your strengths, but on the benefits that the client receives.

Social proof, guarantees

These are reviews from satisfied customers, warranty service, 24-hour technical support, favorable return and delivery conditions - if we are talking about an online store. Anything to get the client on your side.

Call to action

A commercial proposal will be incomplete and will not fulfill its function if it is not completed with a call to action. We have already written that the goal of any commercial proposal is to continue communication with the client . To motivate him to take a response action, a call is needed. “Leave a request on the website, and the manager will call you back.” “Fill out a discount coupon,” “Reply to this email and get 20 percent off” are all calls to action.

Contacts, logo

Most often, this data is placed in the KP header so that it immediately catches the eye. But it would be useful to repeat the information at the end.

Finance of a commercial organization

The finances of commercial organizations are the main link of the financial system. They cover most of the processes aimed at production, distribution, and use of GDP in monetary terms. There is another definition, according to which enterprise finance represents monetary or other relationships that arise in the implementation of various types of entrepreneurship, as a result of the formation of personal capital, target funds, their use, and further redistribution.

From an economic point of view, CI finances are subject to grouping between the following individuals and groups:

• founders when creating an enterprise;
• organizations and enterprises in the production and further sale of goods, works, services;
• divisions of the enterprise - when determining sources of financing;
• organization and employees;
• enterprise and higher organization;
• enterprise and CO;
• financial state system and enterprise;
• banking system and enterprise;
• investment institutions and enterprises.

At the same time, CO finances have the same functions as state or municipal finances - control and distribution. Both functions are closely related.

The distribution function involves the formation of initial capital, its further distribution in such a way as to maximally take into account the interests of all economic divisions of the organization, producers of goods and the state.

The basis of the control function is keeping records of expenses associated with the production and sale of products, monitoring the procedure for the formation and distribution of funds.

The basis for financial management of commercial organizations is a certain financial mechanism, represented by the following elements:

• Financial planning is an indispensable condition for the existence of any enterprise. Planning is required not only when opening a CO, but also at the entire development stage. During planning, expected results and income are compared with investments, and the capabilities of the enterprise are identified;
• financial control over organizations whose form of ownership is non-state is carried out by state authorities in terms of fulfilling obligations to tax authorities, as well as when using funds from the state budget. This happens when FBOs receive sums of money in the form of government assistance. Types of control – audit, on-farm;
• analysis of the implementation of forecasts and plans. The implementation of plans is not necessarily checked here. Such an analysis is more aimed at identifying possible reasons for deviations of planned indicators from forecast values.

Secret tricks

There are several life hacks that relate to selling texts and are invariably successful:

1. Storytelling . State the client's problem and tell a story from your life or business experience. How you helped a client, found a rare product for him, ensured fast delivery - anything that resonates with his pain.
2. We advise you to conduct the removal of objections as a red thread through all control points. You definitely shouldn’t make a separate block of text, but skillfully weaving the development of objections into the CP is a completely different matter. For example, your services are quite expensive. Don’t write about it directly - modestly indicate in the text that there are very few analogues on the market, dozens of specialists are working on projects - this is what determines the price.
3. Simplicity and clarity. Do not use complex terms or cumbersome sentences - this will only scare off the client. The text should be as simple as possible - so that it is comfortable and easy to read.

We're done with the structure. Doesn't remind you of anything? Yes, this is a classic landing page scheme - only without order forms and selling elements (CTA buttons). In fact, both the landing page and the compr serve the same purpose - to sell your products and services.

Production of reinforced concrete products

Thanks to their universal qualities and high strength characteristics, reinforced concrete products are the most popular material in construction. The scope of application of reinforced concrete products is quite wide: from the construction of individual building elements to use in the construction of large industrial facilities. The production of reinforced concrete products is most often carried out in factories, but in some cases it is possible to manufacture and assemble reinforced concrete products directly at the construction site.

Production of reinforced concrete products at a construction site

The production of reinforced concrete products directly on the construction site is usually carried out in case of non-standard or small dimensions of the element. The construction of monolithic reinforced concrete structures is a long and troublesome task that requires a serious approach, the use of special knowledge and adherence to technology. In this case, it is important to order high-quality concrete.

First of all, wooden formwork is constructed. Reinforcement is placed in it, which is subsequently filled with concrete mixture. It is very important to securely fasten the formwork and ensure proper care of the hardening product. In the case of creating reinforced concrete elements at height, it is mandatory to use threaded connections for reinforcement.

This method significantly slows down construction, because the formwork can be removed no earlier than after 14 days, otherwise partial or complete destruction of the reinforced concrete structure is possible.

Factory production of reinforced concrete products

The production of concrete products at a plant consists of a series of precise sequential operations:

• production of fittings;
• preparation of concrete solution;
• formation, processing and surface finishing of reinforced concrete products.

The determining method is the method of formation, because it is possible to produce reinforced concrete products in movable and non-movable forms, as well as by the conveyor method:

Factory production of reinforced concrete products in movable forms involves the step-by-step formation of the product at special posts. To do this, the workpiece along with the mold is moved from one technological section of the workshop to another as the necessary operations are performed.

The production of reinforced concrete products in non-movable forms takes place in one place (on stands or in matrices).

Continuous conveyor formation of concrete products is carried out on rolling mills and is the most productive method. This method is excellent for producing large batches of reinforced concrete products with minor differences in standard sizes. Most often, wall panels are made using the continuous formation method.

Factory production of reinforced concrete products is distinguished primarily by the fact that all manufactured products, regardless of the production method, undergo strict quality control, and the materials used for their manufacture have a composition prescribed by regulations and GOSTs.

Commercial proposal design

It is not enough to write the text in A4 sheet format and send it to the client. This is the last century - now KP is designed beautifully, often in the form of a presentation or a separate page on a website builder. By and large, a commercial proposal is a presentation of your company, products and services.

Let's talk about the basic rules for designing a good CP:

1. Make the CP readable. There is no need to invent anything new: light background, dark text color. Pictures in the theme are acceptable as a background, as long as they are not too bright and do not “eat up” what is written.
2. Remember the pictures. These can be not just photos of products - all kinds of graphs, infographics, diagrams - people perceive them more easily and look at them more willingly than sheets of text.
3. Leave some air space. This is one of the basic rules of design. Go to any modern website - in addition to text and pictures, there is a lot of “air” on the page. This makes it easier to perceive what is written - it will be much easier for the client to read the text and understand it.
4. Use your corporate identity. If you have already developed it, be sure to make the commercial in the same style as other advertising materials. A logo, trademark, slogan, corporate font and color are all elements of a corporate identity.
5. Don't forget about typography. Choose readable fonts - preferably standard ones, without any curls. The text of the CP must be strictly formatted: divide it into paragraphs, use lists, headings and subheadings of different levels, highlight the most important text blocks or individual words in bold, italics or another color.

Donation procedure

Giving is a good deal. But the downside is that it cannot be used if both organizations belong to the specified legal entities. categories (commercial). Such donations are prohibited by law (only amounts up to 3,000 rubles are not considered). The ban also applies to individual entrepreneurs. That. By law, donations between legal entities (and especially if it is a financial organization) are prohibited in Russia. But there are also exceptions.

One thing should be remembered: donation between commercial organizations is strictly prohibited, between non-profit organizations it is possible, but the procedure is very complex and depends on what exactly falls under the gift.

The CP was drawn up. What's next?

And then send it out to the customer base (cold - cold, hot - warmer) and see how the recipients react . The CP also needs constant testing - track the percentage of email openings, the number of responses, do not hesitate to ask for feedback and show the CP to friends and experts. How visual and readable is it, does the color interfere with the perception of the text, are the benefits of goods and services described convincingly enough?

Draw conclusions and change what most people don’t like. Experiment, try, improve your CP! Good luck with your promotion!

Commercial activitySvetlana Vinogradova, 2012

Characteristics of subjects of commercial legal relations in the market of consumer goods and services

According to the Civil Code of the Republic of Belarus (Article 46), economic entities by legal status can be commercial and non-profit organizations. Commercial

are organizations that consider making a profit as the main goal of their activities and distribute it among participants.
Non-profit
organizations are those that do not have the goal of making a profit and distributing it among participants (public, religious organizations (associations), charitable foundations, etc., which are created to achieve social, environmental, charitable, cultural, educational, spiritual goals).

The legal status of organizations is determined depending on who and to what extent is liable for obligations, who has the right to enter into contracts on behalf of the organization, what is the procedure for taxation of profits received, reporting forms, liquidation procedure and other extremely important issues when establishing business relations with partners On the market.

The subjects of commercial legal relations are the parties entering into contractual relations for the purchase and sale of goods or the provision of services.

Let's consider entities pursuing commercial goals.

As subjects of commercial legal relations in trade

are legal entities and individual entrepreneurs engaged in trade and registered in the prescribed manner (STB 1393–2003 “Trade. Terms and definitions”). They are entitled to carry out commercial transactions in accordance with the legislation of the Republic of Belarus.

Legal entities -

organizations that have separate property in ownership, economic management or operational management, bear independent responsibility for their obligations, can acquire and exercise property and personal non-property rights in their own name, perform duties, be a plaintiff and defendant in court, having passed the state procedure in accordance with the established procedure registration as a legal entity or recognized as such by legislative act. Legal entities must have an independent balance sheet (Article 44 of the Civil Code of the Republic of Belarus).

Individual entrepreneurs

are individuals (citizens) engaged in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur (Article 22 of the Civil Code of the Republic of Belarus).

The mechanism for regulating relations between business entities in trade should be considered as an integral part of the general mechanism for regulating legal relations between business entities in general in the market. It includes the following components:

• legal relations with government bodies at all levels;

• relations of organizations and enterprises with each other;

• legal norms for organizing economic relations;

• legal relations during arbitration consideration of economic disputes.

Subjects of legal relations of commercial activity can be created in the following organizational and legal forms (Article 46 of the Civil Code of the Republic of Belarus):

• business partnerships and societies;

• production and consumer cooperatives;

• unitary enterprises;

• peasant (farm) farms.

It is allowed to create associations of commercial organizations and (or) individual entrepreneurs in the form of holdings, associations and unions, state associations.

The main differences between the above forms are the ownership of capital, separate property, which can be owned, economic management, operational management, as well as in the appropriation and distribution of profits, liability for obligations.

Economic partnerships

and
companies
are recognized as commercial organizations with a charter fund divided into shares (shares) between the founders (participants). Property created through the contributions of the founders, as well as produced and acquired by them in the process of economic activity, belongs to the partnership or company by right of ownership (Article 63 of the Civil Code of the Republic of Belarus).

Business partnerships

can be created in the form of a full or limited partnership.

The partnership is complete

in the event that, in accordance with the agreement concluded between them, all participants (general partners) are engaged in entrepreneurial activities on behalf of the partnership and jointly and severally bear subsidiary liability with their property for the obligations of the partnership (Article 66 of the Civil Code of the Republic of Belarus).

Limited

is considered a partnership in which, in addition to general partners, there are one or more participants (investors, 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 the partnership’s business activities (Article 81 of the Civil Code The Republic of Belarus).

To business companies

include: limited liability companies, additional liability companies, joint-stock companies, subsidiaries and dependent business companies.

Limited Liability Company (LLC)

established by two or more persons. The number of participants must not exceed the limit established by legislative acts, otherwise the company is subject to reorganization within a year. The authorized capital of the LLC is divided into shares of sizes determined by the founders. Participants in the company are not liable for its obligations and bear the risk of losses associated with the activities of the company, within the value of the contributions they made (Articles 87–93 of the Civil Code of the Republic of Belarus).

Additional liability company (ALC)

established by two or more persons. The authorized capital of an ODO is divided into shares, which are determined by the constituent documents. The participants of such a company jointly and severally bear subsidiary liability for its obligations with their property within the limits determined by the constituent documents, but not less than the amount established by the legislative acts of the Republic of Belarus. In case of economic insolvency (bankruptcy) of one of the participants, his responsibility for the obligations of the company is distributed among the remaining participants in proportion to their contributions, unless a different distribution procedure is provided for by the constituent documents of the company (Article 94 of the Civil Code of the Republic of Belarus).

Joint Stock Company (JSC)

has an authorized capital divided into a certain number of shares with the same par value. Shareholders (participants of a joint stock company) are not liable for its obligations and bear the risk of losses associated with its activities within the limits of the value of the shares they own (Article 96 of the Civil Code of the Republic of Belarus). The following organizational forms of joint stock companies are possible:

• open joint-stock company (OJSC) - characterized by the fact that its participant can alienate his shares without the consent of other shareholders to an unlimited number of persons. Such a joint-stock company has the right to conduct an open subscription for the shares it issues and freely sell them under the conditions established by the legislation on securities. In the case of placement of additionally issued shares at the expense of the own funds of this company and (or) its shareholders, as well as in other cases provided for by legislative acts, the JSC may carry out a closed (among a limited circle of persons) placement of additionally issued shares (Article 97 of the Civil Code of the Republic Belarus);

• closed joint stock company (CJSC) - is a company whose participant can alienate shares owned by him only with the consent of other shareholders and (or) a limited circle of persons. A closed joint stock company has the right to carry out only closed (among a limited circle of persons) placement of additionally issued shares. Shareholders of a CJSC have a pre-emptive right to purchase shares sold by other shareholders of this company (Article 97 of the Civil Code of the Republic of Belarus);

• subsidiaries and dependent business companies.

Subsidiaries

A business company is recognized if another (main) business company or partnership has the power of a predominant participation in its authorized capital, or the power of a predominant participation is determined by an agreement concluded between them. In this case, the decisions of the main company (partnership) are decisive. The subsidiary is not liable for the debts of the parent company (partnership). The parent company is jointly and severally liable with the subsidiary for transactions concluded by the subsidiary on the instructions of the parent company. In the event of bankruptcy of a subsidiary through the fault of the main company, the latter bears subsidiary liability for its debts (Article 105 of the Civil Code of the Republic of Belarus).

Dependent

A company is recognized as a business company if another business company has a share (shares) in the authorized capital of this company in an amount corresponding to 20% or more of the total number of votes that it can use at the general meeting of participants of such a company (Article 106 of the Civil Code of the Republic of Belarus ).

Production cooperatives (artels)

are commercial organizations. Their participants are required to make a property share contribution, take personal labor participation in the activities of the production cooperative, bear subsidiary liability for its obligations in equal shares or in the amounts established by the charter, but not less than the amount of annual income received in the production cooperative (Article 107 of the Civil Code of the Republic Belarus).

Unitary enterprise (UE)

A commercial organization is recognized that is not vested with the right of ownership to the property assigned to it by the owner. The property of a unitary enterprise is indivisible and is not distributed among contributions (shares, shares), including among employees of the enterprise. In the form of unitary enterprises, state (republican or communal) unitary enterprises (their property is in state ownership) and private (their property is in the private property of an individual or legal entity) can be created. There are unitary enterprises based on the right of economic management and on the right of operational management (state-owned enterprise).

Property of the Republican Unitary Enterprise (RUE)

is owned by the Republic of Belarus and belongs to the UE
with the right of economic management
and
operational management.
operational management may be formed on the basis of property owned by the republic

a so-called
state-owned enterprise,
the constituent document of which is the charter approved by the Council of Ministers. The Republic of Belarus bears subsidiary liability for the obligations of a state-owned enterprise if its property is insufficient. A state-owned enterprise may be reorganized or liquidated by decision of the Government.

Property of a communal unitary enterprise

is owned by an administrative-territorial unit and belongs to such an enterprise
with the right of economic management.
Property of a private unitary enterprise

is privately owned by an individual (joint property of spouses or a peasant (farm) enterprise) or legal entity and belongs to such an enterprise
with the right of economic management.
Property of subsidiary unitary enterprises

is owned by the founder owner and belongs to the subsidiary
under the right of economic management
(Article 113115 of the Civil Code of the Republic of Belarus).

Peasant (farm) holding

a commercial organization is recognized, created by one citizen (members of the same family), who made property contributions for the implementation of entrepreneurial activities in the production of agricultural products, as well as their processing, storage, transportation and sale, based on his (their) personal labor participation and use of land in accordance with the legislation on the protection and use of land. A peasant (farm) enterprise is liable for its obligations with all the property belonging to it (Articles 115-1, 115-2 of the Civil Code of the Republic of Belarus).

To increase the efficiency of management of state-owned enterprises, you can resort to the separation of management and economic functions by creating associations

(including with the participation of foreign capital),
associations, unions, financial and industrial groups, holding companies,
determined by legislation relating to such groups.
The first document implementing legal regulation of the creation of holdings (holding companies and other business groups) in the Republic of Belarus is Decree of the President of the Republic of Belarus dated December 28, 2009 No. 660 “On some issues of the creation and activities of holdings in the Republic of Belarus.” A holding, unlike business groups, not being a legal entity, is an association of commercial organizations (holding members), in which one of them (the management company) has the opportunity to influence decisions made by other commercial organizations - holding participants (subsidiaries of the holding ). Cooperative-integrated associations
are appearing including the production of agricultural products, their processing and trade (for example, the Grodno Association of Bread Products, the Snov cooperative farm, etc.).

The diversity of business entities makes it possible to develop market infrastructure and create the most favorable environment for effective commercial activity. Subjects of commercial relationships can be both public and private, and carry out their activities individually and in a collective form.

Subjects of state ownership (republican and municipal) occupy a leading position, which requires increasing the efficiency of their commercial work, ensuring rapid adaptation to the market situation.

The development of market relations determined the growth of subjects of commercial legal relations based on private property. This process is most active in the trading industry. On the basis of private property, commercial activities are carried out by both individual citizens and their teams (enterprises, organizations).

Enterprise

As an object of law, a property complex used to carry out business activities is recognized. The enterprise as a whole or its individual parts may be the object of purchase and sale, pledge, lease and other transactions (Article 132 of the Civil Code of the Republic of Belarus).

Company -

This is a general name used in relation to many organizations (enterprises) engaged in commercial activities for the purpose of making a profit. They can have different volumes of activity, or they can be very small.

Those who are not owners can also engage in commercial activities. For example, there are intermediaries working in the market who do not assume ownership of the goods, do not own property, but derive profit from their activities and appropriate it. They are also participants in commercial activities, performing specific operations.

Industrial enterprises and trade organizations of various forms of ownership and departmental affiliation operate as subjects of commercial relations on the market of the Republic of Belarus.

With the development of market relations, the organizational and legal forms of entities engaged in the implementation of commercial activities are improving and becoming more diverse. More favorable conditions are being created for the activation of small and medium-sized businesses. Persons engaged in commercial activities without forming a legal entity may use the right granted by the Civil Code of the Republic of Belarus to create simple partnerships.

In this case, two or more persons enter into a joint activity agreement, pledging to combine their contributions and act together without forming a legal entity (after registration and obtaining a license, if required by law) to make a profit within the legal framework.

Trade is divided into domestic and foreign. Domestic trade is carried out in the domestic market of the country and covers wholesale and retail trade.

In the trade sector, commercial activities are carried out by public and private trade organizations.

To government

include trade organizations of ministries, departments, committees: Ministry of Trade, Ministry of Agriculture and Food, Ministry of Transport and Communications, Ministry of Health, Ministry of Communications and Informatization, etc. In the consumer market of the Republic of Belarus, a number of concerns subordinate to the government act as state entities of commercial transactions :

• Belarusian State Concern for Oil and Petroleum Products (Belneftekhim Concern);

• Belarusian State Concern for the production and sale of light industry goods (Bellegprom Concern);

• Belarusian State Concern of the Food Industry (Belgospischeprom Concern);

• Belarusian production and trading concern of the forestry, woodworking and pulp and paper industries (Bellesbumprom concern), etc.

They carry out wholesale and retail trade, including through a network of their company stores.

The market includes commercial participants (legal entities and individuals) with private ownership.

In the trading industry their number is increasing. Among them, it is worth highlighting business entities of consumer cooperation, cooperatives, individual entrepreneurs (individuals), organizations and enterprises with foreign capital.

may be the subjects of commercial legal relations .

Unlike firms (enterprises), the purpose of their activities is not to make a profit, but to represent and protect the interests of their constituent groups of entrepreneurs in government bodies, to promote and support the expansion of their activities. They can provide advisory assistance, assistance in personnel training, standardization and certification of products, etc. They are created in the form of unions, associations, federations, etc., they can be industry-specific (for example, in the chemical industry) or unions by type of activity (in industry, trade, etc.).

As a rule, unions of entrepreneurs do not act on the market as an economic entity, but nevertheless, on behalf of trade organizations and production enterprises that are members of the union, they can do this.

The parties entering into contractual relations for the purchase and sale of goods or provision of services may be government agencies

(various ministries and departments). They do not consider the main goal to enter directly into economic relations, and in most cases they are representatives and defenders of the interests of their organizations and enterprises and can carry out direct purchase and sale transactions on their behalf. Examples include the ministries of agriculture and food, health, and industry.

Classification

In practice, two forms of commercial entrepreneurship have become widespread. In the first case, transactions are intermediary in nature. They involve special subjects of commercial entrepreneurship - agents. They can be both organizations and citizens. Intermediaries participate in the formation of channels through which products are distributed. At the same time, they represent their own interests or the interests of consumers or enterprises that produce goods. The second type is industrial and commercial entrepreneurship. It is characterized by a high degree of complementarity and interconnection between the areas of production and sale of goods. However, in this case, the enterprise manufacturing the product is distracted from the main task.

Program

If the analysis indicates the profitability of the transaction, the entrepreneur develops a business plan. It includes a program of actions for completing a transaction, calculation of costs and income. According to the general scheme of commercial and entrepreneurial activity, it includes the following points:

1. Hiring workers to carry out operations for the purchase, transportation, and sale of products.
2. Acquiring/receiving the necessary information.
3. Organization and implementation of advertising campaigns.
4. Purchase of products for subsequent sale.
5. Rent of warehouses, premises, retail outlets, bases for storing and selling goods.
6. Purchasing the services of third party companies and persons acting as intermediaries.
7. Raising borrowed funds to finance the transaction (if necessary).
8. Receipt and distribution of income.