Legal encyclopedia. The letter U

FUNDAMENTAL DOCUMENTS

- documents on the basis of which legal entities operate. Under the legislation of the Russian Federation, the U.D. enterprises are:

1) articles of association - contains information on the organizational and legal form, the name, location of the enterprise, the size of its authorized capital (fund), the composition, the procedure for the formation and competence of its management and control bodies, the procedure for the distribution of profits and the formation of enterprise funds, the procedure and conditions for reorganization And liquidation of the enterprise, as well as an indication of the type of activity (for state and municipal enterprises, non-profit organizations that have the right to conduct business);

2) Memorandum of Association - contains information on the name (name) and legal status of the founders, their location (place of residence), state registration (for legal entities) or the individual (passport data - for individuals), the size of the authorized capital of the company, , Belonging to each founder, the size, procedure and methods of making deposits, as well as the numbers of certificates of registration as entrepreneurs of citizens,

Who are its full members (for a full or mixed partnership). UD of some legal entities:

1) enterprises with foreign investments - the charter, which defines, in addition to the information provided for the U.D., other provisions that do not contradict the legislation in force in the territory of Russia and reflect the features of the enterprise's activities;

2) production cooperative - the charter approved by the general meeting of its members, which must contain, in addition to the information provided by the Civil Code for any legal entities, the conditions:

A) the amount, composition and procedure for making a share of the members of the cooperative, their labor participation in the activities of the cooperative, as well as liability for violation of the obligation;

B) the order of distribution of profits and losses of the cooperative;

C) the amount and conditions of subsidiarity of its members for the debts of the cooperative;

D) on the composition and competence of the management bodies of the cooperative and the procedure for their decision-making;

3) the full partnership is created and operates on the basis of the constituent contract, which is signed by all its participants. The memorandum of association must be notarized;

4) the partnership on the faith is created and operates on the basis of a foundation agreement, which is signed by all full partners and notarially certified.

The Memorandum of Association, in addition to the information provided for by the Civil Code for constituent documents of legal entities, should contain:

1) the conditions of the size and composition of the equity capital, on making deposits, changing the shares (partnership on faith) of the partnership;

2) responsibility for violation of obligations to make deposits;

3) on the names (names) of full comrades (comrades) authorized to speak on behalf of the partnership.