Modern life encourages to strive for own business. But working alone is not as profitable and promising as working together. Therefore, like-minded people unite in organizations for joint management business. Moreover, for mutually beneficial work, not only individual businessmen are united, but also entire economic entities.

commercial organization is a legal entity with characteristic features, the main purpose of which is to earn profit. The main feature of such an organization is precisely the purpose of the work - to make a profit. Although there are other features that different forms commercial structures, which will be discussed in detail in this article.

General features of commercial organizations

All private firms, regardless of form, have common features:

Receiving benefits, that is, income that exceeds expenses;

General creation system according to current laws, since a commercial organization is precisely a legal entity with all the ensuing rules;

Profits are always shared among those who own the organization;

The presence of common property, with which the company is liable for its obligations under the law;

Opportunity on their own behalf to exercise their rights, obligations, represent interests in the judiciary;

financial independence.

Forms of commercial organizations

From what tasks the ideological inspirer of creating a private firm sets himself, the form of further organization is also chosen. Features of the development of the economy and the formation of civic consciousness contributed to the emergence of many different forms of commercial organizations. They are grouped into corresponding groups according to certain characteristics. And these groups, in turn, are further divided into subgroups.

Probably, many of us very often came across such definitions as LLC, OJSC, JSC, etc., as well as partnerships, production cooperatives, farms, unitary enterprises and so on. Each group has a specific set of rights, responsibilities and directly depends on the sectoral affiliation.

Rights are inseparable from duties

So, a commercial organization is a structure that unites both individuals (founders) and business structures. According to organizational and legal features, all commercial firms can be divided into two large groups:

Unitary enterprises (municipal or state subordination);

Corporations.

The first group is less common. It should be noted that the rights of commercial organizations of this type are very limited. This legal entity cannot dispose of the property transferred to it from the owners. And the owners, in turn, do not have corporate powers to interfere in the management of the structure. Such concepts as shares, shares, contributions, in this case are not applicable at all. That is, an appointed director or CEO manages the enterprise using someone else's property. And the owners themselves can count on a certain profit. But they don't take any production solutions and in no way can affect the results of the unitary enterprise.

The second option is more common. It is characterized by the presence of founders who have the corporate right to manage the company.

Corporations in different forms

So, corporations assume such management of a commercial organization, when the founders are endowed with broad rights and even are members of the highest management bodies of the enterprise. Corporations are divided into three main structures:

Economic companies and partnerships;

Cooperatives (exclusively production and nothing else);

Farms (they are also called peasant).

Economic companies can also be completely different. Although they have one common feature - they combine the capitals of several persons who are jointly responsible for the work of the company. Previously, there were many types of business entities. But legislators decided to combine them under three general forms. Today it is an LLC (limited opportunity company), JSC (joint stock company) and an additional liability company.

What is the difference between LLC and JSC

When a commercial organization is an LLC, then everyone who enters it as owners has a share in the authorized capital formed from the contributions of the founders. All limited liability companies have in common:

The size of the authorized capital starts from 10 thousand rubles;

The responsibility of each founder is proportional to the amount of his contribution to the main charter;

The number of participants cannot be more than 50;

The rights and obligations of the participants are prescribed in the corporate agreement and in the charter.

And when the authorized capital is divided into shares, the participants are liable for losses only in the amount of their shares, then there can be any number of such members of the enterprise. And they are called shareholders. This is the main difference between joint-stock companies (joint-stock companies). Such a commercial structure can be public or non-public. That is, shares are placed using an open or closed method. A form of management is a meeting of shareholders. It is obligatory to create a board of directors consisting of at least 5 shareholders. In an LLC, it is not necessary to create such a structure, and there is no strict rule on the number of participants in the structure.

Economic partnership and production cooperatives

A commercial organization is a structure, as we have already said, that unites like-minded people with common goal make a profit. If we are talking about a business partnership, then two forms of such a structure are allowed - a general partnership and a limited partnership. The second formation is distinguished only by the fact that some members of the organization - individuals, do not have the right to participate in the management of the organization, but are only contributors. They simply make a profit from the contribution for the fact that they replenished the share capital with their own funds.

Production cooperatives are not popular. With this type of commercial association, all participants must be engaged in management, and moreover, in a composition exceeding five members of the organization. They are personally liable with their own property and for the debts of their firm.

Agricultural branches of business

The name speaks for itself, that the scope of activities of such an organization as a peasant economy is rural industry. A farm enterprise can be created either by one owner alone or by merging with others.

Moreover, he cannot afford to join a number of such associations. Characteristic features of this form of commercial structure:

All participants must be directly involved in the affairs of the firm;

Farmers can directly be members of this structure;

There are other duties of each farmer, prescribed and enshrined in the charter;

The firm acquires its material assets, equipment and Consumables on the joint money of each member of the economy.

State commercial organization

The state also has the right to engage in commerce, benefiting from its work. This is a unitary enterprise. This type of commercial organization is a structure that is very limited in its rights to property. Because he does not own his own equipment and premises, but only uses all this for work. unitary enterprise allows both municipal and state subordination, but has common features. Let's list them:

Has a certain legal capacity;

Uses someone else's property only as a tenant;

Participates in civil circulation.

A unitary enterprise is headed by a director or general director. It is he who is responsible for all decisions as the sole head. Collective leadership does not exist in this form.

Commercial subsidiaries

There are also commercial legal organizations like "daughters". A subsidiary business company is not liable to the debts of the main company, but is jointly and severally responsible for all those transactions that are entrusted to it. And the main enterprise is vested with the right to entrust tasks to its subsidiaries, setting tasks for the future and current plans. The relationship between this parent structure and subsidiaries is reflected in the relevant documents, which spell out the rights and obligations of the parties. There is also such a thing as a dependent economic company. It depends on another organization having:

20% of the authorized capital of a limited liability company.

And if an enterprise acquired 20% of voting shares or began to own 20% of the authorized capital, according to the law, it must publish this information.

And what is better - IP or LLC?

For those who want to create their own business, many books have been written, lectures and seminars are held. But frequently asked question was and remains: what exactly to open - IP ( individual entrepreneurship) or OOO? It is no coincidence that some stop at the first option. Because opening an IP does not require much time and large financial investments. Moreover, for beginners, it is important that fines and taxes are low. Because no one is immune from mistakes and low profitability. And reporting from IP is much simpler. In addition, managing your own money is easy and pleasant. There are also disadvantages, including:

The risk of losing IP property due to unfulfilled obligations;

IP activities are limited;

You must pay interest on Pension Fund.

An LLC has other pros and cons. Among the advantages is the absence of the risk of losing money and property if you are just one of the founders, because the organization itself is responsible for the debts, and not individual. Another plus is that the possibilities of such a solid organization are much wider. LLC can even be sold as unnecessary. And the LLC does not pay contributions to the Pension Fund if for some reason it suspends its activities. And the cons:

More complex and lengthy registration procedure;

Strict requirements for authorized capital;

Special rules for the withdrawal of earned funds;

Complex financial reporting;

High fines.

What is the form, such are the finances

Every business firm creates a code financial relations, allowing to solve social and production issues through the use of their own funds. The finances of commercial organizations depend on their legal form. For example, the state form is more dependent on the infusion of budgetary funds. Many unitary enterprises receive government subsidies, thus minimizing the risk of bankruptcy. While organizations are not state form property rely more on their own strength.

Their budget is formed, as a rule, thanks to the investments of the founders. However, commercial and non-profit organizations can count on budget injections. Although now is the time that state-owned unitary enterprises are increasingly relying on other sources of funding, as budgetary injections are reduced. The state thus encourages enterprises to think more about efficient use own opportunities, finding new sources of income, reducing costs. Such sources can be interest and dividends on securities, income from operations with currency and currency values, expansion of the service sector, and the introduction of competitive ideas.

Financial features by industry

The financial position of firms is largely influenced by industry affiliation. For example, financial commercial organizations as industries with a large financial risk, are required to have a sufficient financial foundation, additional cash reserves, insurance. We are talking about credit institutions, insurance companies. Commercial firms with low profitability are considered agricultural and, oddly enough, utility and resource supply enterprises. Therefore, the law limits the ability of these firms to replenish funding sources by issuing valuable papers. Increased tariffs for social insurance against industrial accidents and occupational diseases are also required by legislators from those industries in which there is an increased risk of getting professional "sores" and injuries - coal mining, gas, chemical and oil industries. Even on the scale of commercial firm influenced by industry factors.

When organizing commercial activities it is imperative to take into account that large-scale enterprises have machine building, shipbuilding and ship repair, metallurgical plants, in a word, almost the entire heavy industry. And trade and consumer services are realized through small and medium business, often without requiring a large scale. That is, depending on the specific industry, requirements are formed for the organizational and legal form of the commercial structure and, accordingly, for its financial mechanism.

Any form, but the essence is one

Thus, organizational forms commercial organizations are very diverse. And this is good. Depending on the goals and objectives, on the field of activity and creative ideas, you can choose the most suitable option. And success will depend on the right choice. However, success is made up of many factors, but that's another story.

What is a commercial designation when used?

Articles devoted to commercial designation Civil Code Russian Federation from 1538 to 1541. According to the legislation, a commercial designation is a way to isolate and separate an organization or entrepreneur from other market participants like them. That is the individualization of the enterprise.

As such, there is no clear definition of a commercial designation in the law. Only the characteristics are listed that allow the symbols to be given the status of a commercial designation.

A commercial designation is protected as an object of copyright if:

• its distribution and popularity in a certain territory;
• having compelling distinguishing features.

The owner of the rights to a commercial name may use it to identify one or more of his enterprises, but several commercial designations may not be used to designate a single enterprise.

The right to a trade mark can only be transferred to another owner together with the business for which it is used to personalize. Moreover, a commercial designation together with an enterprise can not only be sold, but also leased. Moreover, if the symbols were used to designate several enterprises, and only one of them is leased, then in relation to other organizations, the owner cannot use the commercial designation leased together with the enterprise to another person.

Don't know your rights?

The difference between a commercial designation and a trade name and a trademark

The commercial designation is intended to help the consumer to distinguish some businesses with similar services from others (for example, hairdressers, pharmacies, banks, etc.). Analyzing the law, we can conclude that a commercial designation can be expressed not only in verbal writing, but also drawn, modeled, etc. In most cases, a commercial designation is a company logo.

The most important differences between a commercial designation and a trade name are:

1. Image method. A trade name is a name expressed in words with a mandatory indication of the legal form (for example, Zvyozdochka JSC). A commercial sign may not contain words at all, but consist only of geometric shapes.
2. The company name must be indicated in the constituent documents. For commercial designation, the law does not contain such a requirement.

Even more distinguishing features of the commercial designation and trademark:

1. Registration. A trademark must go through the registration procedure in special registers, a commercial designation does not.
2. Scene. A trademark is valid throughout the territory where it was registered, commercial symbols - only in the area where the enterprise operates.
3. The term of the right of a commercial designation terminates after a year of non-use. The trademark will also be protected in this case.
4. Enterprise follow-up. A commercial designation is sold or rented together with the company that it individualises. A trademark may be sold or otherwise transferred separately from the business.

Some words or phrases from a trade name or trademark may be part of a logo. At the same time, copyrights for a commercial designation are born, operate and are protected without dependence on the exercise and protection of the rights to the name and trademark.

Registration of a commercial designation

According to current legislation, you do not need to register a commercial designation. Copyright protection is carried out upon the creation of the logo. However, in the event of a dispute in court, the question of proving their rights to a commercial designation will arise. The principle of the earlier use of the designation will be decisive in the dispute.

In this regard, to confirm the dates of the start of the use of a commercial designation, all the same methods are suitable as for fixing the rights to other works:

• deposit;
• unopened correspondence with the "sources" of the logo;
• saved documents on forms with a controversial designation;
• witness's testimonies.

There is a website http://www.reestrko.ru on the Internet. Its owners maintain a register of Russian commercial designations and offer logo registration services. In addition, on the site you can familiarize yourself with other people's designations registered in the registry, or search for a specific logo. However, we repeat: entrepreneurs have no obligation to register a commercial emblem, respectively, this register is not official, but serves exclusively for informational purposes.

Thus, organizations have the right to use commercial designations, choosing them to their taste. There is no registration procedure for such designations, so the rule applies: whoever chose the designation earlier has the rights to it.

The rights, obligations, obligations, composition and division of power between the founders (participants) are determined legal form enterprises. Two main forms can be distinguished - business partnerships and business companies. At the same time, a partnership is an association of persons, and a society is an association of capitals.

1) public and religious- voluntary associations of citizens on the basis of their common interests to meet spiritual and other non-material needs. Public and religious organizations have the right to carry out entrepreneurial activities only to achieve the goals for which they were created;

2) funds- non-profit organizations that do not have membership. Funds are created on the basis of voluntary and property contributions from legal entities or citizens. They pursue socially useful goals. Foundations are allowed to create business companies or participate in them;

3) non-profit partnerships- organizations based on the membership of citizens and legal entities that create them. The goal is to meet the material and other needs of the partnership participants. When leaving a non-profit partnership, its members receive a part of the property or its value, which they transferred upon entry. Membership fees are non-refundable. Example: Society of the Blind;

4) institutions- non-profit organizations created by the owner (state or municipal structures) to carry out managerial, socio-cultural and other functions. The institution is liable for its obligations with the resources at its disposal. in cash. Institutions are wholly or partly funded by the owner. The property of the institution is assigned to it on the basis of the right of operational management. Example: universities, public schools;

5) autonomous non-profit organizations- organizations created by citizens or legal entities based on voluntary contributions. The goal is to provide services in the field of health, science, education, sports, etc. Autonomous non-profit organizations do not have membership. The property transferred to these organizations by the founders is their property. Example: private schools, notary offices, private clinics;

6) associations of legal entities- associations and unions that are created for:

a) coordination entrepreneurial activity commercial organizations;

b) protection of common property interests of commercial organizations;

c) coordination of protection of interests.

Members of associations and unions retain their independence and the right of a legal entity. Examples: Association of Russian Banks, Round Table of Russian Entrepreneurs.

All non-profit organizations are divided into state and non-state, but state non-profit organizations prevail.

Main differences non-profit organizations from commercial:

1) profit is not the purpose of the activity;

2) non-profit organizations should not pay dividends and enrich their founders;

3) non-profit organizations are much more open to public control.

An important activity of non-profit organizations is charity.

To stand out from the competition, the company uses a unique name and its own symbols. The right to a company name and commercial designation is regulated by the Civil Code of the Russian Federation (Chapter 76). They are referred to as means of individualization and are used to distinguish the products and services of a particular enterprise.

Definitions

A trade name is the name under which a legal entity carries out any activity. This means of individualization appears in the organization in the first place. It consists of two parts:

• indication of the legal form (LLC, CJSC, PJSC, etc.);
• company name (for example, Gazprom, MTS, Metallservice).

In accordance with the Civil Code of the Russian Federation, a company can use a full or abbreviated name, as well as register a name in a foreign language.

A trade name is a marketing term that is not a trade name, but is also used to distinguish commercial and industrial enterprises, their products and services.

What is the difference?

Although these concepts are similar to each other, do not confuse a trade name and a commercial designation. The differences between them are:

1. The company name is registered with state bodies, used in constituent documents and when creating a new legal entity, the designation is not.
2. A company may not use a commercial designation (sometimes it is not even included in the constituent documents), but it must have a name.
3. The name characterizes the type of enterprise and, as a rule, is used in relations with partners, when concluding contracts, etc. The commercial designation is used to individualize the enterprise and appears in advertising, on signs and on the products themselves.
4. The right to trade marks can be transferred to another person, but the right to the official name of the company cannot.
5. Only commercial organizations (partnerships, business associations, municipal and state enterprises). The range of entities that can use a commercial name is much wider. This includes any legal entities (including non-profit organizations), as well as individual entrepreneurs.

Most often, these means of individualization are the same, but sometimes companies use a different brand name and commercial designation. Example: LLC "Golden Swan" and the network of stores "Domovenok". At the same time, one legal entity may use several such "unofficial" names in its activities.

When does the right to a trade name and commercial designation arise?

The name of the company must be registered with the state authorities simultaneously with the addition of a legal entity to the tax base. There is no separate procedure for this.

It is worth emphasizing that tax officials do not check the uniqueness of the company name - that is, there is a risk of several companies with the same name appearing. The right to this means of individualization arises upon registration, and terminates after the liquidation of the company or the official change of name.

As for the commercial designation, everything is different here. It is not included in the constituent documents, nor in the register of legal entities. persons. It is subject to an exclusive right that arises at the time of its first real use. Registration is not required. The exclusive right is terminated if the owner does not use the designation anywhere for more than 1 year.

Confirmation of the right to a commercial designation

In case of disputes, it is desirable that the owner of the company has documentary evidence of the fact of using one or another mark. Any forms, products or promotional materials on which it was indicated can act as evidence.

It should be borne in mind that not every sign or store name fits this definition. In order for a particular sign to be considered a commercial designation, it must have sufficient ability to distinguish the company from competitors, as well as be known in a certain territory.

Requirements

The Civil Code puts forward a number of requirements for the choice of a company name and commercial designation. So, in Art. 1473 states that jur. the person must have 1 full and 1 abbreviated name in Russian. If the company uses a foreign name, it must be written in two versions (original and transcription).

The same article of the Civil Code of the Russian Federation provides a list of elements that cannot be part of a company name. These include:

1. Abbreviated or full names of other states, as well as words derived from them.
2. Official names of Russian government agencies(both complete and abbreviated).
3. Names of various public associations, as well as intergovernmental and international organizations of various levels.
4. Words and designations that contradict public interest principles of morality and humanity.

Also in the law there is a reservation regarding the mention of belonging to Russia or subjects of the Russian Federation. State unitary enterprises, as well as companies that have received appropriate permission, can use the country in their name. When revoking a license, an organization must, within 3 months, make appropriate amendments to the text of constituent documents.

If the company name does not meet the described requirements, the body that performs the registration of legal entities can sue the company and force it to change it forcibly.

Requirements for commercial designations are specified in Art. 1538 and Art. 1539 of the Civil Code of the Russian Federation. In order for a particular sign to be attributed to such means of individualization, the following conditions must be met:

1. Sufficient distinguishing features, the ability to actually identify the organization and its products/services.
2. local fame. That is, the use by an entrepreneur of a certain sign must be known to consumers within a certain territory.
3. A commercial designation cannot duplicate a trade name.

What you should pay attention to? Commonly used names of goods and services ("Products", "Hairdresser's") cannot act as a commercial designation. Also, intellectual property rights will not apply to elements that in any way characterize the company's products, their quality, place of production or sale. That is, such names as "The Most fast internet"or" Woolen shawls from Orenburg.

Another restriction is the prohibition of names that mislead consumers about the company's ownership of a certain person. That is, it should not be too similar to other companies' customization tools. In accordance with the Civil Code of the Russian Federation, a person who violates this rule is obliged, at the request of the owner of the rights, to stop using this sign and compensate for the losses.

A commercial designation can be used to identify multiple businesses. However, one enterprise cannot use several such signs. They can also be omitted in constituent documents and when registering a company.

Transfer of rights

Unlike the name of a company, the right to its commercial designation can be transferred to another person - for example, when renting, selling a company or by way of universal succession. What is important - it passes to a new owner only as part of the organization for which it is used. It should also be noted that if the same designation is used for several enterprises, when transferring the right to another person, the previous owner can no longer use it.

The answer to this question is contained in Art. 1476 and Art. 1541 of the Civil Code. According to the legislation, the right to the trade name of the subject and the commercial designation exist independently of each other. What does it mean? The owner can use the official name of the organization or its individual elements in other means of individualization (commercial designation, trademark, etc.). However, all these intellectual property objects are protected separately from each other.

Responsibility

What threatens companies that illegally use someone else's name or designation? Legal entities that have violated the rights to these means of individualization may be liquidated in judicial order or fined 1-15% of the total revenue for the sale of goods with someone else's mark (but not less than 100 thousand rubles).

According to the Civil Code of the Russian Federation, all legal entities are divided into commercial and non-commercial. Commercial legal entities have as the main goal of their activities the extraction of profit. Non-commercial legal entities do not have the main goal of making profit and do not distribute it among the participants.

Commercial legal entities by civil law include:

1) general partnerships;

2) limited partnerships (limited partnerships);

3) limited liability companies;

4) additional liability companies;

5) joint-stock companies;

6) production cooperatives;

7) state and municipal unitary enterprises.

A general partnership is created by the participants on the basis of a memorandum of association. General partners carry out entrepreneurial activities on behalf of the partnership and bear joint and several full liability for its debts with all their property. The procedure for managing a partnership is determined by agreement of the private owners (partners). Profits and losses of a general partnership are distributed among its participants in proportion to their shares in the share capital, unless otherwise provided. founding agreement or otherwise by agreement of the participants.

In a limited partnership, general partners are liable for the obligations of the partnership with their property and participate in the entrepreneurial activities of the partnership. Along with general partners in a limited partnership there is one or more participants-contributors (limited partners) who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts they have contributed and do not take part in the entrepreneurial activities of the partnership. You can be a general partner only in one general partnership or only in one limited partnership. The management of the activities of a limited partnership is carried out by general partners according to the rules of management in a general partnership.

A limited liability company (LLC) is the most common type of commercial organization. A limited liability company is a company founded by one or more persons, the authorized capital of which is divided into shares of certain founding documents sizes. Participants of a limited liability company distribute profit among themselves in proportion to the shares contributed to the authorized capital. Members of an LLC are not liable for the obligations of the Company. The property liability of an LLC is limited by the size of the authorized capital. The supreme body of a limited liability company is the general meeting of its members.

An Additional Liability Company (ALC) is a company established by one or more persons, the authorized capital of which is divided into shares of sizes determined by the constituent documents. The liability of an ALC is higher than that of an LLC. For the obligations of the ALC, not only the company itself is liable in the amount of the authorized capital, but also the participants - with their property in the same multiple for all of the value of their contributions.

A joint-stock company (JSC) is a legal entity whose authorized capital is divided into a certain number of shares of equal value, certifying the obligations of the company's participants in relation to the company. A joint-stock company owns separate property, which is recorded on its independent balance sheet, can acquire and exercise property and personal non-property rights on its own behalf, be a plaintiff and defendant in court. The supreme governing body of a joint-stock company is the general meeting of shareholders. The JSC participant has the number of votes at the meeting of shareholders in proportion to the number of shares held. Profit is also distributed among the shareholders in proportion to the number of shares. Joint stock companies There are two types: open (OJSC) and closed (CJSC). In an OJSC, shares can be freely sold to participants to each other or to other persons. In a CJSC, shares cannot be sold without the consent of other shareholders, and shares are distributed only among its founders or other predetermined circle of persons. JSC, the founders of which are in the cases established by federal laws, Russian Federation, subject of the Russian Federation or municipality, can only be open. In a company with more than 50 shareholders, a board of directors (supervisory board) is created.

A production cooperative (artel) is a voluntary association of citizens on the basis of membership for the implementation of joint production or other economic activity based on the personal participation of its members and the unification of property shares by its members. Members production cooperative bear subsidiary liability for the obligations of the cooperative in the amount and in the manner prescribed by the law on production cooperatives. The property owned by the production cooperative is divided into shares of its members in accordance with the charter of the cooperative. The cooperative is not entitled to issue shares. A member of a cooperative has one vote when making decisions by the supreme management body - general meeting cooperative members.

A unitary enterprise is a commercial organization that is not endowed with the right of ownership of the property assigned to it by the owner. The property of a unitary enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the enterprise. The property of a state or municipal unitary enterprise (SUE and MUP) is, respectively, in state or municipal ownership and belongs to such an enterprise on the basis of the right of economic management or operational management. The management body of a unitary enterprise is the head, who is appointed by the owner of the property or a body authorized by the owner and is accountable to him. A unitary enterprise is liable for its obligations with all its property. A unitary enterprise shall not be liable for the obligations of the owner of its property.

Non-profit organizations are called organizations that do not have as their main goal the extraction of profit and do not distribute it among the participants. They are subjects of commercial law because they can engage in trading activities to achieve their statutory objectives without the purpose of making a profit. Non-commercial legal entities include:

1) consumer cooperatives;

2) public and religious organizations (associations);

4) institutions;

5) associations of legal entities (associations and unions).

A consumer cooperative is a voluntary association of citizens and legal entities on the basis of membership in order to meet the material and other needs of the participants, carried out by combining property shares by its members. Income received by a consumer cooperative from entrepreneurial activities carried out by the cooperative is distributed among its members. Members consumer cooperative jointly and severally bear subsidiary liability for its obligations within the limits of the unpaid part of the additional contribution of each of the members of the cooperative.

Foundation - a non-profit organization without membership, established by citizens and (or) legal entities on the basis of voluntary property contributions, pursuing social, charitable, cultural, educational or other socially useful goals. The property transferred to the foundation by its founders is the property of the foundation. The founders are not liable for the obligations of the fund they have created, and the fund is not liable for the obligations of its founders. The Foundation has the right to engage in entrepreneurial activities necessary to achieve the socially useful goals for which the Foundation was created, and corresponding to these goals. In order to carry out entrepreneurial activities, foundations have the right to create business companies or participate in them.

Institutions-organizations created by the owner to carry out managerial, socio-cultural or other functions of a non-commercial nature and financed by him in whole or in part. The institution is responsible for its obligations with the funds at its disposal. In case of their insufficiency, the owner of the relevant property bears subsidiary liability for its obligations.

Associations and unions are associations of commercial and other organizations for the purpose of coordinating their business activities, as well as representing and protecting common property interests. The association (union) is not responsible for the obligations of its members. Members of an association (union) bear subsidiary liability for its obligations in the amount and in the manner prescribed by the founding documents of the association.