Which to choose form - LLC, SLC, Inc., UE or FE |
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In order to choose the legal form of legal entity or individual enterprise, must be based on the following issues: - How much would the founders of the firm? - Do you expect to attract investors to the project? - What are the planned financial turnover? - Whether you work alone (one) or with the help of employees. Limited Liability Company (LLC) - the agency two or more persons (up to 50 persons), business entity whose charter capital divided into shares, the amount of which is defined in the founding documents. Limited liability company can not have one participant. After the state registration of the LLC founders have become parties to it. Participants LLC is not responsible for the obligations of LLC and bear the risk of losses associated with the activities within a company value of their contributions. Company with additional liability (ODL) - Establishment of two or more persons (up to 50 persons), business entity whose charter capital divided into shares, the amount of which is defined in the founding documents. In contrast, Ltd., where the founders are not liable for the obligations of society - in ODL Founders jointly and severally bear subsidiary (additional) liability for the obligations of ODL his property in the amount specified in the founding documents, but not less than prescribed by law, in proportion to the contribution of the participants in the charter Fund ODL. That is, in the case of failure in ODL funds to make payments to creditors, the founders are required to pay such debts, but not more than the amount specified in the founding documents. Unitary (Private Unitary) Enterprise (UE, UE) - a commercial organization founded by one founder, and not endowed with the ownership of the property allotted to her. Property UE (UE) is owned by the founder, and is transmitted to the enterprise in economic management. Unitary enterprise differs from the LLC, SLC - by the presence of only one parent, the property of such enterprise is not divided into shares. Closed Joint Stock Company (JSC) - closed joint stock company recognized business entity, the charter capital is divided into a number of shares. Number of participants in the closed joint stock company shall not exceed fifty. Otherwise, it will be reorganized within one year, and after this period - elimination of the court, if the number of participants is reduced to fifty. It should be noted that the participant company may dispose of his shares only with the consent of other shareholders and (or) a limited number of individuals. This distinguishes the company from the JSC. In addition, a joint stock company may not conduct an open subscription for shares issued by it or otherwise to offer them to an unlimited number of persons. Individual entrepreneur (FE). Entrepreneurial activity - is self-employment businesses and individuals, carried out by them for civilian purposes on its behalf, at your own risk and on their own property accountability and aims to systematically profit from the use of property, sale items, produced, processed or acquired by such persons for sale and from performing work or services if they work or services are intended to implement the others, and are not used for own consumption. (Article 1 of the Civil Code of the Republic of Belarus). Entrepreneur - a person engaged in entrepreneurial activity. In the broadest sense - a citizen, registered as an individual entrepreneur in accordance with legislation of the Republic of Belarus manner. To acquire the status of a business entity, namely a legally enshrined right of their actions, to acquire certain rights and responsibilities of the citizen is obliged to register in the prescribed manner as an individual entrepreneur. |
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