The higher the level of development of the society, the more complex organizational and legal forms of business use. One of them is a joint-stock company. The legal status of joint stock companies shall be determined by law. The main purpose of the legal regulation - guarantee the security and protection of third party interests.
Advantages of the legal form
AB can rightly be considered one of the most complex forms of collective entrepreneurship. Features of the legal status of the Company are as follows: ownership of the founders of the contributions goes to the created entity. However, securities, received by shareholders in exchange for their property / cash deposits, do not give them the rights in respect of property. Benefits of SA:
- liability of owners of shares of limited value;
- facilitate the transfer of ownership by selling shares and registration of changes in the registry;
- the possibility of rapid mobilization of resources for large projects through an additional issue;
- high rates of turnover and liquidity of assets - securities easier to sell;
- protection of the company's capital from the unpredictable actions of the owners due to its isolation property.
The joint stock company created by the combination of capital. The form of the right of ownership is significantly different from the basic model - ownership, disposal and use of property. Civil legal status of joint stock companies allowing shareholders:
- not participate in the production process;
- manage the property through participation in general meetings;
- to create enterprise-independent management structure, which is controlled by a governing body;
- approve the corporate governance system in the enterprise.
The Company's activities are regulated by law, charter and other internal acts.
public joint-stock company
The main advantage of the public joint-stock company - the presence of opportunities to involve the formation of the authorized capital of a wide range of investors at the expense of public distribution of securities. The legal status of a public company allows for the issue of securities other than shares. An example is the involvement of long-term debt by issuing bonds.
PAO can use its own shares to reward employees and increase their interest in the result of the activities of the company. The most commonly used options, which provide preferential right to purchase shares of the company in the future.
Publicly placed shares of the Company can only after the introduction of the register in the data about their status.
Non-public joint-stock company
The legal status of the public and non-public joint-stock company has a number of differences. Criminal non-public company is formed due to the distribution of shares among the founders of a closed subscription. In the open market, they do not come. Sale of securities to third parties is only allowed with the permission of other owners. Procedure for disposal of shares are governed by the articles of association. If there are no restrictions, the shareholders have the right of first refusal of the securities of other owners.
Features of the economic entity
AO is a separate legal entity. Signs of the legal status of joint stock companies:
- single organizational structure AO;
- specific goals base, are combined and owners can not be achieved the other way;
- the use of the corporate governance principles of economic activity and its functional differentiation;
- availability of equity. This includes proceeds from the sale of shares, of property, obtained in the form of shareholder contributions and / or acquired in the course of industrial activity;
- the right to conclude transactions on its behalf and to meet them own property;
- the right to sue and be sued in court.
Legal status of corporations is maintained and controlled by the legislator. Start economic activity and participate in transactions JSC can only after the introduction of the founders of half the cost distributed between the shares. This minimizes the number of imaginary transactions.
Legal status of shareholders
the securities acquired by the Company does not impose any restrictions on shareholder. He may be a member of other entities and / or to engage in any legal activity.
AO also indifferent to the changes in the composition of shareholders and does not require their mandatory participation in the enterprise. The exception is the election of the governing bodies, participation in general meetings and the purchase of a controlling stake.
Features of the legal status of open joint allows the owner without restriction to dispose of their shares. other owners permission is not required.
Shareholder rights may vary depending on the class of shares held by them. normal (holosuyuschye) grant the right to vote at the meeting and entitled to dividends. privileged (non-voting) guarantee a steady income owners, but without the right to vote.
The legal status of employees of the company is regulated by the internal documents of the Company and the laws of the Russian Federation.
Joint-stock companies occupy a leading place in the world economy. According to the laws of foreign countries can be judged on the legal status of economic entities. Ways of development of the legal forms in different countries are similar to the Russian model, which confirms the high level of legal regulation of business in Russia.