Creation and legal registration of a new enterprise
The formation of new enterprises and the expansion of existing ones is determined by the following factors:
• presence of unsatisfied demand for products (services);
• availability of resources necessary to organize production of products;
• level of development of science and technology of the relevant branch of production.
The determining factor is the demand for products caused by the real needs of the market and the availability of resources for organizing production. If an enterprise begins to manufacture products that are not in consumer demand, it faces ruin. Such products remain unsold in warehouses, and the costs of their production remain unpaid. Along with this, resources (material and monetary) constitute the basis that ensures the activities of the enterprise, including the formation of the required means of production and finance, without which the organization of production is impossible.
The decision to form new enterprises is made by the owner of capital (resources). At the first stage, capital is needed for the construction and organization of an enterprise, the purchase of sufficient supplies of raw materials, supplies, and the hiring of labor. On the basis of initial capital investments spent or intended for these purposes, the authorized capital of the enterprise is formed.
The increase in the authorized capital, as necessary, occurs at the expense of profits purposefully left at the enterprise for the development of production, and in some cases - at the expense of allocations from the budget. In addition, a company can raise funds by issuing and selling shares and other securities, as well as take out loans that are subsequently repaid from profits. Additional funds can also be obtained from the sale of excess property. By attracting additional funds, the enterprise increases its fixed and working capital or modernizes them, increases production, improves its quality, and increases income.
The main goal pursued in the formation of a new enterprise is formulated by the owner (owners) of the capital. Depending on whose ownership the capital of the enterprise is, the purposes of its creation and reorganization may change, but basically they are as follows:
1) increasing the output of products that consumers need and generating income through its sale;
2) involving the unemployed able-bodied population in production and thereby solving the social problem of employment;
3) involvement in production of available additional natural resources;
4) organizing the production of fundamentally new types of industrial products using advanced achievements of science and technology;
5) satisfaction of personal interests (ambitions) of individual citizens or groups of persons creating enterprises, especially small ones (such as partnerships), individual or joint activities.
The creation of an enterprise is recorded by relevant documents. First of all, the main document is drawn up - the charter of the enterprise. It indicates the legal status of the new enterprise, sets out the tasks, rationale and principles of its creation, indicates the founders, their addresses and the monetary contribution of each founder, establishes the terms and forms of the enterprise’s activities, its rights and obligations as a legal entity. The charter indicates the size of the authorized capital and the sources of its formation, indicates the type and scope of activity, provides guarantees for the protection of the environment and human health, establishes the form of management of the enterprise and its branches, indicates the accounting and reporting system, the address of the new enterprise, and its name.
The charter of the enterprise is approved by the founder (founders) and, together with the founder’s application, is registered with local authorities. After this, the company receives the right to its own seal and opens a bank account. An institution that does not have a seal and its own current account is not a legal entity and does not belong to the category of enterprise.
Enterprising people often have a question: how to create an enterprise if there is no money? Of course, you can take out a loan from a bank. But getting it is not easy. We need guarantees and collateral. And most importantly, the loan must be repaid with interest.
An entrepreneur creating a new enterprise must first of all have a useful, effective idea.
The next step should be the calculation:
• how much and what kind of funds will be needed to start a business;
• how much profit you can get per year by starting a business.
When calculations show that the implementation of a plan can bring good income, we need to look for partners. These should be people who have funds and want to invest them in their planned business venture. To achieve success, the selection of qualified personnel and the provision of the necessary material resources must be complemented by good organization of workers. To do this, you need to draw up a detailed work plan, organize control over execution, determine the functions of each employee and assign them to jobs. In short, it is necessary to form a mechanism for managing the enterprise.
A constructive idea that unites people and the subsequent organization of their work replaces missing money. A new idea is not necessarily some kind of invention, an idea for a new product or technology. This may be knowledge of people who own financial resources who can be united for common benefit, and knowledge of the supply and demand of some goods or services that remain unclaimed in the market, and knowledge of the technology for creating and registering an enterprise, methods of its effective management. In other words, a good idea is also a value that can generate income and which, however, must be complemented by business, initiative and hard work on its implementation.
According to Thomas Stanley, an American marketing specialist who has studied the life and behavior of millionaires in the United States for many years, wealth is the fruit of enormous effort, the pursuit of a precisely defined goal, self-discipline, frugality and wise investment. In fact, most of today's American millionaires acquired their wealth on their own. Here are the basic rules for achieving success that they follow in life.
Live within your capabilities. The most successful rich people spend much less on personal consumption than they could afford, preferring to invest money in business. Many of them consider buying a luxury home a bad investment: why spend $500,000 on a luxurious palace when you can get by with a house worth $150,000 and invest the difference of $350,000 in business. They are also rational when it comes to buying cars, purchasing non-prestigious models. According to billionaire Sam Walton, for him “it’s not the size of the car that matters, but its price.”
Care about the bottom line, not the bottom line. Most millionaires measure success by net income, not by income. Instead of keeping money at home, they invest it in businesses, stocks and other promising ventures. The state taxes income, not wealth. And the larger sums of money the rich keep for themselves, the more taxes the authorities will take from them. Anyone who knows how to earn money tries to invest it in investments as soon as possible, and not in the “consumer basket.”
Take good advice. People who know how to make money are usually very thrifty and always turn to competent specialists for legal and financial advice. Many millionaires prefer not to buy a luxury villa, but to pay a substantial lawyer's fee. They all have one thing in common - the search for new promising opportunities for investing capital. Their sixth sense, psychologists believe, is perhaps the most mysterious. It lies in the ability to make money.
Outline your prospects. “Self-made” rich people work according to a precise plan. Their goals may vary, but two things remain constant: the amount they would like to have saved by, say, age 50, and how they will achieve that dream. Therefore, you must first outline the main points in your plan and calculate how much money you need to earn per year to achieve your goal. That being said, one thing will probably surprise many. When wealth, rather than personal consumable income, becomes your main goal, then the luxury villa you once dreamed of will no longer seem so desirable. You will develop a new attitude towards money, and therefore, you will move closer to the worldview of a true millionaire. [5, p. 42-45].
Procedure for registering commercial organizations
After deciding to register commercial organizations, you have many seemingly insoluble questions:
- how to choose the most suitable organizational and legal form, create an LLC or work as an individual entrepreneur?
- how to draw up the necessary package of documents that must comply with the requirements of the law and arrange the registration authority during the procedure?
- Which taxation system is right for your business?
- What is Authorized Capital, is it needed?
How not to get confused in all this and register commercial organizations correctly? Let's try to figure it out by creating a kind of instruction for action.
Registration of a company is carried out by an authorized registration body, i.e. tax authority. To register an organization you must:
- prepare a document package for submission for registration;
- submit documents to the registration authority, through the MFC, send them by post or submit them electronically, but for this you will need to issue an enhanced qualified signature;
- After submitting the document, the applicant is issued a corresponding receipt of receipt of the documents. If the documents were sent by mail or email, then a receipt will be sent by mail or email;
- information that documents have been submitted to the tax office is posted on the official website on the Internet no later than the next working day;
- within the prescribed period, the registering authority registers the legal entity.
If for some reason the registration authority refuses to register an organization, then such refusal can be appealed; the Law Office “Katsailidi and Partners” will help in the procedure.
ATTENTION : the procedure for registering a company has nuances, mistakes lead to monetary losses - watch the video with advice from a lawyer and subscribe to the YouTube channel to get a free consultation in the comments to the video online.
Features of registration of commercial organizations
- when choosing the form of a legal entity, you need to understand what type of legal entity is capable of optimizing your requirements for the enterprise being created; perhaps it is enough for you to register yourself as an individual entrepreneur (personal services sector, retail trade sector, etc.). We will help you easily decide on the form, since in our activities we have encountered different ones, for example. when registering a homeowners association, we help with meetings and organizational issues; when choosing a direction of trade, we determine the advisability of choosing the form of an individual entrepreneur in comparison with the registration of a commercial organization;
- the state fee for registering a legal entity is 4,000 rubles, and registration of an individual entrepreneur is 800 rubles;
- The application form for state registration must be filled out in strict accordance, since any freedom or incorrect indication of information leads to refusal of the state registration. registration, and therefore the loss of paid state duty, which is not refundable;
- When registering commercial organizations, the authorized capital can also be contributed with property, which reduces cash investments in the first stages of business;
- When registering changes in the Unified State Register of Legal Entities related (not related) to changes in constituent documents, it is necessary to remember that changes can be registered in aggregate, which saves time and money (for example, change of director + change in the provisions of the charter, etc.).
