Terms creation of businesses and their constituent documents
Management of the Company
Company created by decision of the owner (owners) of property or an authorized him (them) authority, company founder, organization or labor collective decision in the case and order provided by the Law of Ukraine "On Enterprises in Ukraine" and other laws. The establishment of the company in cases provided by law, adopted in agreement with the Antimonopoly Committee of Ukraine.
The list of constituent documents on creation of the main types of enterprises of different ownership and organizational forms, and their samples given in Table. Annexes 2 and 1-9.
All common functions for creating enterprises rely on its founder (s). Thus, the main duties of the founder (founders) of the company are:
1) determine the type name of the company, its organizational and legal form and location (legal address);
2) development of the enterprise charter or other constituent documents;
3) definition of objectives and activities;
4) determining the organizational structure of the company, its organs and functions;
5) a sources and order creation property, the authorized capital, the order of the division of income (gains) and losses;
6) provision of business registration;
7) development of conditions of reorganization and termination of the company.
Founder (founders) of the company and perform other functions provided by the charter and constituent documents.
According to the Law "On Enterprises in Ukraine" company could be created as a result of the allocation of operating enterprises of one or more structural units and structural units based on existing organizations by the decision of labor groups, if the consent of the owner or authorized body. Creation of enterprises through the provision made for retaining new businesses vzayemozobov'yazan and concluded agreements with other companies.
Where to build and the enterprise needed natural resources permit their use appears to be appropriate by the Council of People's Deputies, and the foreseen legislation acts of the cases - the Verkhovna Rada of Ukraine on the submission of primary natural resources at a positive conclusion state ecological expertise or the relevant council of people's deputies.
An enterprise may be transferred to collective ownership or use, including a lease, the total area in the manner prescribed by the Land Code of Ukraine.
Any company is created and acquires legal personality only after its registration.
The company has the right to establish branches, representative offices and other separate units with rights to open current and settlement accounts and approve regulations on them.
Approval of the deployment of separate business units with the local councils of people's deputies carried out in the manner prescribed for the establishment of the company. Activities located in Ukraine subdivisions enterprises located outside the republic, governed by the Law "On Enterprises in Ukraine" and other laws of our country.
Keep in mind also that certain types of company can deal only by special permit (license).
The list of activities subject to licensing, and the procedure to obtain a permit (license) for such activities by the Law of Ukraine "On Entrepreneurship".
All companies operate under the charter, which is developed and approved by the owner (s) of the property, and state enterprises - the property owner with the participation of the workforce. The charter company owner and determined the name of the enterprise, its location, object and purpose of his government, the order of formation, competence and authority of the staff and its elected bodies, the procedure for creating assets, terms of reorganization and termination of the company.
At the same time, depending on the characteristics of the company and create the charter may include provisions related to the features of the company: the employment relationship arising out of membership; of power, the establishment and structure of an enterprise; on marks for goods and services and more.
To create the (establishment) of the enterprise is the main constituent (constituent) contract.
The constituent (constituent) agreement - a written document that testifies to the will of individuals or entities on the establishment (establishment) of new organizational and legal framework for the realization of any particular business idea.
Inception (founding) the contract must necessarily contain the following information: 1) the place and date of the contract; 2) participants in the contract; 3) The subject of the contract; 4) the legal address of the company; 5) the amount of the share capital and the procedure for its formation; 6) the procedure for solving disputes; 7) the rights and responsibilities of parties to the treaty; 8) liquidation and reorganization.
As a constituent (constituent) contract may contain other information provided by the charter company and the current legislation.
In a market economic system also applies the business agreement that reflects the will of the parties in respect of not (creation, foundation), and direct implementation of business; it does not allow the association requires parties agree between themselves, in particular organizational form.
Content rights and obligations of the parties depends on the subject of the contract. He may, for example, rental property of state enterprises; purchase and sale of assets of state enterprises, institutions and organizations, labor relations, providing audit, legal, advertising research services.