How to create a commercial organization

A commercial organization is a legal entity that can exist in the form of societies, partnerships, production cooperatives, state and municipal unitary enterprises. A commercial organization is created with the aim of making a profit in the process of its activity - this is its main difference from non-profit organizations.

Instruction manual

1

Before creating a legal entity, determine its organizational - legal form, develop constituent documents. If you are creating an LLC, ZAO, OJSC, then you need a memorandum of association and charter. Partnerships operate only on the basis of a contract of participants. For all other forms of commercial organizations, the main organizational document is the charter. When creating a contract, it means its conclusion between all participants of the organization, and the charter is subject to approval at the general meeting. If you single-handedly create a society, then you need only the charter approved by you.

2

Determine the composition of the founders or participants of your future commercial organization, the size of its authorized capital. Participants can make their contribution to the authorized capital in monetary or property terms. In the second case, you will need an assessment of the property contributed to the CC. All these issues, as a rule, are considered at the constituent assembly, on the basis of which a protocol is drawn up, you will need this document for state registration. If an organization is created by only one participant, these issues are recorded in the form of its sole decision.

3

For an LLC, the authorized capital at the time of registration must be paid at least 50%, for an OJSC, a ZAO and unitary enterprises after state registration.

4

Decide who will be the CEO of your organization. Order a round seal, it must contain the full name of the legal entity and its location.

5

For state registration of the organization you created, you need to submit it to the tax authority at the location of the legal entity (application of the established form, meeting minutes or decision to create, developed constituent documents, receipt of payment of the state duty). State registration will be completed within 5 days.

6

After state registration with the tax authority, you need to register the organization with extrabudgetary funds, the statistics department. This must be done within 5 days from the date of registration.

Useful advice

Refuse to register a commercial organization, you do not have the right, based on the reasons for the inappropriateness of its creation. (Clause 1, Article 51 of the Civil Code of the Russian Federation)