Statutory and Warehouse Capital: Definition, Features and Specificities of Calculation

The existence of any business society at first comes from the contributions of its founders. In AO and OOO, these contributions form the authorized capital. Warehousing capital is the charter capital of partnerships. More details about how it is formed, recorded and taken into account, read further.

Definition

A business association is a commercial organization with shares divided into parts. Contributions of participants form the property of organizations. Consider the existing types of organizations.

General partnership

The participants of this organization are engaged in entrepreneurial activity on behalf of the partnership under the concluded contract. They are responsible for the obligations in the amount of their property. This category includes individual entrepreneurs and commercial organizations. All property of such partnerships belongs to society.

At least two persons can participate in one partnership. One person can enter only one society. All participants sign the memorandum of association and pay the deposit. Management is carried out jointly. Every member of the society acts on his behalf, unless otherwise specified in the contract.

In the joint management of cases for the commission of any operation, the unanimous decision of all the participants is necessary. If one or several people are involved in the conduct of business, the other members must obtain a power of attorney to conduct business. Net income / losses are distributed among the participants in the same ratio as the shares in the capital. All participants are jointly and severally liable for their obligations in the captal.

Limited partnership

The partnership on faith differs from the previous one in that it includes, besides full comrades, also investors. The latter bear risks within the amounts paid and do not participate in the management of business activities. Investors can be IP, commercial organizations, citizens and legal entities. State bodies can not become partners of a limited partnership .

The partnership functions on the basis of the memorandum of association. Investors can not act on behalf of society, even on the basis of a power of attorney. But they have the right:

• To receive a part of the profit, in the same proportion as the share in the capital;
• Read the annual report and balance sheet.

A partnership on faith can be eliminated after the retirement of all participants. Full partnerships can not be liquidated, but can be transformed into limited partnerships.

Legislation

Charter (reserve) capital - these are registered in the constituent documents of the contributions of the company's participants. The order of its formation is prescribed in the norms of the Civil Code. Some specifications are detailed in the Federal Law "On LLC".

Types of capital

In business companies, the charter fund determines the amount of net assets. It is a kind of guarantee for the return of funds to creditors. Therefore, at the legislative level, the minimum amount of capital is set at 100 or 1000 minimum wages.

In state enterprises, the authorized capital is not formed.

Warehousing capital is the charter capital of partnerships. More detailed the process of its formation will be presented below.

A cooperative fund is formed . Its members must contribute 10% of the contribution at the time of registration of the organization. The balance is repaid within one year. When a cooperative is created, the contribution is assessed by agreement of all members, and when a new member joins, it is appointed by the board.

In the state and municipal enterprises, the capital of the organization is formed. Its size is determined by the owners. Three months from the date of registration are allotted to participants for making all funds. The date of debt repayment is the date of transfer of funds to a bank account or transfer of property to the right of possession. The authorized (share) capital of the organization can not be divided into shares. Its minimum size for state enterprises is 5000 minimum monthly wages, and for municipal enterprises it is 1000 minimum monthly wages.

Distribution of shares

The share capital is divided into the shares of participants, but this does not lead to the same division of ownership. The owner of all property is the organization. The exception is cases where the right to use the property was transferred as a contribution. Then the right of ownership remains for the founder.

The volume of capital is expressed in the monetary valuation of all deposits. The share of one founder is calculated as the ratio of his contribution to the total amount of capital. It is expressed as a percentage or as a fraction. In a similar ratio, the amount of income, the liquidation quota and the amount of rights of one participant are calculated.

Formation of capital

The lending capital of a full partnership is formed on the principle of subsidiary liability. That is, the organization is responsible for all property to creditors. These funds can not be used as a guarantee for the payment of obligations.

The size of the share capital is prescribed in the constituent documents. Participation in its formation is the responsibility of the founders (Article 73 of the Civil Code of the Russian Federation). At the time of registration of the company, each member must contribute at least 50% of its contribution. The maturity of the rest is prescribed in the charter. In case of violation, the founder must pay 10% of the debt amount and compensate for the losses incurred.

Where to begin?

In order to form the joint-stock capital of the partnership, before the registration of the organization it is necessary to open a settlement account in the bank and to deposit the minimum amount necessary. The account is opened on the basis of the application, copies of the constituent documents certified by the notary public, decisions of the founders on the establishment of the company. In this temporary account, only operations on the transfer of funds to capital will be reflected.

Formation of shares

The capital of any society can be formed not only at the expense of money, but also securities, property, other rights that have a monetary value. Specific types of property are prescribed in federal laws and statutes that can not be used as contributions.

If the fund is formed from non-monetary assets, the founder must specify the specific property, confirm that it is not part of any other organization, is not mortgaged, is not under arrest. You also need to provide a monetary estimate of the transferred asset. If required, an independent examination can be ordered for these purposes. In some cases, it is required by law. In particular, if the founder's contribution to LLC, paid by the property, exceeds 200 minimum wages. For a share payment, the bar is set higher - 250 minimum wages.

Property contribution

Warehousing capital can be formed at the expense of individually-defined things. In this case, the founder is obliged to list their names, indicate the quantity, special characteristics (model, brand, manufacturer, etc.). For deposits in the form of things, the size, volume, weight, etc. are also indicated. Securities identify the holder's name, names, issuer, quantity, year of issue and monetary value. If it is a matter of property rights, then it should indicate their type, the grounds for the occurrence, the characteristics, the term of the transfer. Their value is prescribed in the form of a monetary estimate. Therefore, as an investment in the share capital can not be transferred to an object of intellectual property, "know-how." But the founder can transfer the right to use such an asset together with a registered license agreement. All this information, as well as the procedure and term for making deposits, is prescribed in the constituent documents. The fact of crediting the asset to the balance sheet is confirmed by a certificate signed by the chief accountant or the head.

Balance

The balance capital is reflected in line 1310. Formation of the authorized capital is carried out using the account 80 in the posting. The registered amount of contributions and the actual debt of participants will be cut off separately. Consider the typical postings:

- DT75 KT80 - the formation of capital.

- DT10 (50, 41, 55, etc.) KT75 - receipt of contributions in the form of cash and property.

Analytics is conducted on the founders, types of securities and the stages of their issuance.

In partnerships, account 80 is used to reflect information about the shares of each participant and it is called "Contributions of Partners". Collection of contributions is formed by posting of DT51 KT80. Upon completion of the cooperation agreement, the property is returned to the members of the organization. This operation is registered in the balance sheet by recording DT80 KT51.