To form legal entities is not always a business. In order to solve socially important problems in the field of culture, science and management, create a non-profit corporate bodies. Various legal forms, defined for them by law, contribute to achieving the objectives.
The corporate form of management
Initially, the concept of "corporation" was used to refer to closed groups, combined professional interests (trade, crafts). Over time, it has acquired a more general character and peculiar only to him especially:
- corporate insulation;
- independent management and a strict hierarchy;
- strict regulations for access to third-parties;
- a high level of centralization;
- use of corporate culture to create the image and maintain the common interests.
The new edition of the Civil Code of the Russian Federation has made a clear distinction between corporate and non-profit organizations unitary. The criterion for the section and the main difference between the selected part in the company:
- corporate - suggest a direct transformation of the founding members in;
- unitary - do not give them the right to become the founders of the participants.
The right to be a member of the NGO implies participation in the management and creation of the highest governing body now. Participants draw up membership by submitting an application. Founders automatically acquire the status of.
The convenience of such classification is conclusive - it applies to commercial and non-profit corporate bodies. This approach extends the law and contributes to the protection of the interests of association members.
Unitary Enterprise in any of its forms is not a non-profit corporate body.
Especially non-profit corporate bodies
Legal regulation of non-profit corporate bodies is carried out by the following laws:
- On Noncommercial Organizations (Federal Law № 73-FZ).
- On Public Associations (Federal Law № 82-FZ).
- On charitable activities and charitable organizations (Federal Law № 135-FZ).
- On Freedom of Conscience and Religious Associations (Federal Law № 125-FZ).
The main features and differences, which allocate NGOs among other legal entities - non-profit status and the prohibition of profit organization members section.
Despite, that there is no income generation among the main objectives of, the legal status of non-profit corporate organizations allows them to engage in entrepreneurial activity. However, there are a number of restrictions:
- Charter provisions should provide for the possibility of doing business;
- activities should not contradict the goals and objectives, declared in the organization's charter;
- all proceeds from such activities profit corporate organizations can use only on the solution of problems, contributing to the implementation of statutory objectives;
- the value of property companies by market prices must not be less than the statutory (10 000 rub.).
It has its own nuances and corporate governance in nonprofit organizations. Specific associations task output in the first place the socio-psychological management methods. Using beliefs, personal example and authority allows to generate favorable conditions of work in a team.
Consider the basic organizational and legal forms of non-profit corporate bodies, statutory.
Membership in the cooperative of this kind presupposes needs, which can only be met by combining the stakeholders. Means to an end - the consolidation of entrance fees. Merging involves voluntary order. types of PC:
- housing construction;
Production cooperatives build their work in accordance with the Charter. They have their own property and form a mutual fund by investing participants.
These non-profit corporate bodies are designed to protect the public interest, contribute to the creation of new ideological platform, respond to requests and needs of the citizens and do not have a material nature. This includes:
- political structures, including party;
- social structures, education and movement;
- different forms of government and the social character of the structure;
- trade unions (legal entity).
The minimum number of founders is determined by law.
Associations and unions
Two common corporate legal forms of nonprofit organizations presents associations and unions.
The purpose of creation of such associations - protection of corporate interests, construction of independent commercial management system.
Can be combined as commercial, and non-profit organizations. However, within a single union is allowed their confusion.
In the process of creating a must attend at least two founders. may form:
- associations on the basis of profession;
- cooperative unions;
- associations, public bodies;
- associations of lawyers and notaries;
In civil law, There is the principle of ownership, disposal and use. Its use as the basis for constructing TSN. The purpose of creation - the stewardship.
General provisions on the non-profit corporate entities involve the voluntary principle of membership in associations of this type.
Total assets of the company is in common ownership. No mutual responsibility for debts between the parties and TSN.
Caring for saving identity Cossack societies, their traditions and cultural heritage in Russia classifies them as non-profit corporate bodies.
Legal basis for the establishment and operation of such associations attached Federal Law № 154-FZ "On State Service of Russian Cossacks".
The communities of indigenous peoples of the Russian Federation
Folk community - another form of legal entities, which expanded the already existing types of non-profit corporate bodies.
In order to prevent the disappearance of cultural traditions and promote the conservation of the national character of life legislator gave them the right to create territorial unification.
The foundation can be laid related (blood) or neighborly relations community members.
The above general description of the non-profit corporate bodies allows us to speak about the diversity and breadth of rights, providing a framework for, which is dedicated to the creation of public goods.
Especially corporate profit organizations, focus on the satisfaction of social needs and the involvement of citizens in their work, It helps to maintain a high level of socialization.