Statutory. Authorized capital, authorized authorized capital or authorized capital as correct

Regardless of the form of origin of enterprises, authorized capital is of particular importance in the life of any company. This article will be dedicated to him.

General information about the authorized capital

Concept

Based on the size of the deposit fund, the rights of participants to receive profits from the company are determined, as well as the obligations to repay emerging obligations. The stereotype of a somewhat frivolous attitude towards authorized capital is most often caused by the fact that organizations tend to set it at .

Of course, for an organization with a turnover of millions, the amount is more than frivolous, plus, it is the capital that is not spent until it is encroached upon either by the company’s participants or its creditors. But there are also organizations that are indeed clearly ready and obliged to meet their obligations with their authorized capital. For example, the size of such a fund is set at 300 million rubles, a similar figure is set for 200 million.

If we consider the authorized capital from the point of view, then, of course, it does not actually bring profit to the operating organization.

It is for this reason that its permanent extension is not accepted in our country. To keep records of the movement of funds and other types of collateral in monetary terms, in the context of participants (shareholders), a special account number 80 is provided. The receipt and outflow of funds for participants is carried out in the context of account items 75 - settlements with the founders.

The video below will tell you about the concept of authorized capital:

Statutory or statutory - which is correct

According to financial terminology, the word “statutory” refers specifically to the definition of the main fund of organizations. This refers specifically to the attitude towards the charter with the emphasis on the first syllable. The definition is used in such phrases as authorized capital, authorized capital or statutory court of a city.

When using the meaning, “statutory” is used in the understanding as established by something. The definition is more suitable for the charters of paramilitary organizations. For example, the statutory uniform. However, in terms of morphological meaning, both words are identical.

The fixed capital fund consists of the shares of the organization's participants. For the most part, the size of capital is used to determine the rights and responsibilities of each founder at the inception stage of the business. They can act as a participant to reinforce the “foundation” of a commercial event. As a rule, the composition of such persons is known in advance; the heads of such organizations are affiliated persons.

In addition to the organizational structure of the authorized capital, criteria for the method of payment for each of the shares should be highlighted. Thus, participants in a new or existing organization are practically unlimited in choosing a payment method. The founders have the right to present both cash and a printer as payment, which can be checked by an appraisal company.

True, at a general meeting, which works according to the content of the main document of the enterprise, clear restrictions on the capital structure can be introduced. Quite often, the founders decide not to accept bills or securities of third-party issuers as payment for their share in the authorized capital.

Regulatory consolidation in legislation

There are usually two main documents regulating the procedure for forming a structure, repaying or seizing the authorized capital. The first document defines the procedure for the formation and responsibilities of participants in a specific form of enterprise. The second document is the Civil Code. For example, for the authorized capital of limited liability companies:

Federal Law of 02/08/1998 N 14-FZ (as amended on 12/28/2016) “On Limited Liability Companies” (as amended and supplemented, entered into force on 07/01/2017);
“Civil Code of the Russian Federation (Part One)” dated November 30, 1994 N 51-FZ (as amended on March 28, 2017, as amended on June 22, 2017).

Functions

Share capital typical for enterprises that, according to current regulatory documents, may not have their own charter. Meanwhile, in such organizations there must be a constituent agreement, which prescribes the procedure for forming share capital. The category of such enterprises includes (on faith). The capital structure is standard - based on the shares of investors.
characteristic for determining the property that is used to carry out the direct activities of the enterprise. The definition of authorized capital as a fund is more suitable for, although it is the same in meaning.
Mutual funds. This definition implies the totality of share contributions of participants in a specialized fund formed to conduct a certain type of business activity.
represents the most interesting fund. At the stage of enterprise formation, it can be minimal, but subsequently it can be increased without changing the shares of the founders. When there is a redistribution of shares either between citizens, or a part can be purchased by the organization itself. This does not happen in a mutual fund - upon exit, the share decreases.

Subjects

Authorized capital is required by all enterprises without exception that plan to go through the process and then engage in commercial activities and make a profit. The company's fund is indirectly an instrument of state control, since any change in its authorized capital (redistribution) is accompanied by the submission of a package of documents to enter new information into.

In relation to the obligation to form an authorized capital in a minimum amount, there is no such thing as they are liable for their obligations with all their property.

Formation of authorized capital is the topic of this video:

Sources of formation and accounting

The main ones, by definition, are the founders of the business. Often in practice the procedure for introducing third party capital is used. The measure is completely justified when an investor acquires new production facilities or pays off critical company debts that were not paid off in previous periods. It is quite logical that for his contribution the investor may demand a certain share in the authorized capital in terms of valuation.

For example, if an investor purchases a machine for 5 million, and the organization’s annual turnover is 40 million, his share will be approximately 1/16.

As mentioned above, payment for shares can be made by any means that have a valuation, including,. The Criminal Code can be deposited directly into the current account.

For accounting purposes, enterprises use two main accounts. This.

). Statutory clauses (paragraphs of the charter). Charter form of air signals (aviation). Statutory wrestling techniques (sports).

❖ Charter (source) - 1 ) in Muscovite Rus' - an act that established the procedure for local (city, volost) government; 2 ) an act that defined land and service relations between a given landowner and his former peasants in accordance with the general provisions on peasant reform on February 19, 1861.

Ushakov's Explanatory Dictionary.

D.N. Ushakov.:

See what “STARTED” is in other dictionaries:

CHARTERED, statutory, statutory, and CHARTERED, statutory, statutory. 1. adj. to the charter in 1 value. (obsolete). Statutory songs (ancient; region). 2. (statutory only). Agrees with the adopted charter (see charter in 2 meanings). Charter clauses (paragraphs of the charter).... ... Ushakov's Explanatory Dictionary

CHARTER 1, a, m. Established by the state or whatever. body a set of rules governing what n. activity. U. party. Military u. U. joint stock company. Ozhegov's explanatory dictionary. S.I. Ozhegov, N.Yu. Shvedova. 1949 1992 … Ozhegov's Explanatory Dictionary

Adj., number of synonyms: 1 statutory (2) Dictionary of synonyms ASIS. V.N. Trishin. 2013… Synonym dictionary

Adj. 1. ratio with noun charter I 1., associated with it 2. Determined by the charter [charter I 1.] for starting activities, the starting capital of a joint-stock company or other enterprise; statutory I 2.. Ephraim's explanatory dictionary. T. F. Efremova. 2000... Modern explanatory dictionary of the Russian language by Efremova

Charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter, charter,... ... Word forms

statutory- statutory and statutory... Russian spelling dictionary

statutory- B/ and A/ ex; 109 claim see Appendix II in meaning. ‘written by charter, in a special handwriting of ancient Greek and Slavic Russian manuscripts’ oral: statutory letter, statutory handwriting See also non-statutory ... Dictionary of Russian accents

CHARTERED, CHARTERED, oh, oh. 1. to the Charter (1 digit). This is a requirement. This is the situation. U. document. 2. Being a charter, written by a charter (3 digits). Oh letter. It has an inscription. ◁ According to the statute, adv. (1 digit). According to the regulations, give the command. Sergeant... ... encyclopedic Dictionary

statutory- oral, see also. according to the charter, charter 1) to the charter 1) U s requirement. This is the situation. Statutory document. 2) being a charter, a written charter... Dictionary of many expressions

- (authorized share capital) See: share capital. Finance. Dictionary. 2nd ed. M.: INFRA M, Ves Mir Publishing House. Brian Butler, Brian Johnson, Graham Sidwell and others. General editor: Ph.D. Osadchaya I.M.. 2000 ... Financial Dictionary

Books

, Shalfeev, About the Charter Book of the Robbery Order: Research. Nikolay Shalfeev W 111/151 U 125/1222 F 1-82/13769: St. Petersburg: typ. Mor. m-va, 1868: Reproduced in the original author’s spelling... Category: Library Science Publisher: Book on Demand, Manufacturer: Book on Demand,
About the Charter Book of the Robbery Order, Shalfeev, About the Charter Book of the Robbery Order: Research. Nikolay Shalfeev W 111/151 U 125/1222 F 1-82/13769: St. Petersburg: typ. Mor. m-va, 1868: Reproduced in the original author’s spelling... Category:

Details about what authorized capital is and why it is needed, as well as how and when it is necessary to pay the authorized capital and whether the tax service has the right to demand confirmation of its payment.

What is authorized capital?

Let's start with the concept. Sometimes they say " authorized capital of LLC", Sometimes - " authorized capital of LLC". Which is correct? I am in favor of looking for the correct answer from the original source, that is, looking at how it is in the law. On this issue, both the Civil Code of the Russian Federation and the Federal Law “On Limited Liability Companies” unanimously say: “authorized capital.” We improve our legal literacy and move on.

The authorized capital of an LLC is the minimum value of the company's property, which is fixed in the charter. For this reason, by the way, the authorized capital is also called “declared capital”. The authorized capital of an LLC consists of the nominal value of the shares of its participants. LLC without authorized capital it can not be.

Why do you need the authorized capital of an LLC?

Any LLC is created by the founders as a new business entity. It is impossible to create a company and not invest anything in it. Therefore, the first thing that the founders invest is the authorized capital. In this case - precisely at the moment of creation of the LLC - the authorized capital is needed as a common pot, into which each of the founders puts his share.

Further. Society has been created. In the course of its activities, the LLC acquires not only rights and obligations, but also bears responsibility for its obligations within the framework of all its property. In this case, the authorized capital is needed as a guarantor of the interests of creditors - on a “rainy day” the LLC will have something to pay off. For this reason, the law specifies minimum authorized capital and prohibits exempting the founder from paying his share in the authorized capital . This function of the authorized capital is called guarantee. Remember, “society guarantees”? But society guarantees this only in theory. But in practice, there is a huge number of registered LLCs with a minimum authorized capital of 10,000 rubles. And what such a modest figure can provide and guarantee in today’s market is unclear.

Finally, the third function of the authorized capital is to determine the degree of participation. In other words, in proportion to the shares in the authorized capital of the company profit is distributed between participants, precisely in proportion to shares in the authorized capital of the company the number of votes is determined participants at the general meeting of the company.

Minimum authorized capital of an LLC in 2019

Minimum amount of authorized capital of LLC- 10,000 rubles.

Until 2008, a complex rule was in force: the size of the company’s authorized capital must be at least one hundred times the minimum wage (minimum wage) established by federal law on the date of submission of documents for state registration of the company. This complex structure was corrected by Federal Law No. 312-FZ of December 30, 2008. And today the minimum authorized capital is determined by Article 14 of the Federal Law “On Limited Liability Companies”, which states: the size of the authorized capital of the company must be no less than ten thousand rubles.

There was and is a lot of talk about the fact that The authorized capital of the LLC will increase. There is, of course, a grain of common sense in this proposal. Today it is obvious to everyone that minimum authorized capital 10,000 rubles does not guarantee any interests. But so far these amendments have not been adopted at the legislative level, minimum authorized capital in 2019 remains unchanged - 10,000 rubles. When registering an LLC, you can limit yourself to just this amount.

Important! The minimum amount of authorized capital can only be paid in money (Article 66.2 of the Civil Code of the Russian Federation).

When to pay the authorized capital when creating an LLC?

Until May 5, 2014, at the time of registration of an LLC, it was necessary to pay 50% of the authorized capital, and the rest - within 1 year after registration. But today our state has set a course to simplify and speed up the procedure for registering new enterprises (read: new taxpayers), so we have introduced a new rule: At the time of LLC registration, the authorized capital may not be paid at all. But it (the authorized capital) must be paid no later than 4 months from the date of registration of the company. In this case, the specific period will be fixed in the decision on the establishment of the company (if an LLC with 1 founder is registered), and if there are two or more founders, then in the agreement on the establishment of the LLC.

How to pay for the authorized capital of an LLC?

As a matter of fact, procedure for contributing the authorized capital of an LLC from 2019 did not change.

You can pay for the authorized capital of an LLC with money, things, securities, property or other rights with a monetary value. In this case, the charter may establish types of property that cannot be used to pay for shares in the authorized capital.

The share of each founder must be paid at a price not lower than its nominal value. It is impossible to exempt one of the founders from paying for their share in the authorized capital of an LLC (Article 16 of the Federal Law “On Limited Liability Companies”).

One of the most common ways to contribute the authorized capital of an LLC is payment in cash. Let me remind you that the minimum amount of the authorized capital of an LLC can only be paid in cash. The amount of authorized capital over 10,000 rubles can be paid with property.

How to pay the authorized capital with money?

Since at the time of registration of an LLC the authorized capital may not yet be paid, then it is no longer necessary to open a savings account. Consequently, after registering the LLC, the founders make contributions to an open current account, indicating in the purpose of payment that this is payment for the authorized capital of the company. In fact, these contributions can be made from the company's first profits. But it must be a separate payment. The mere fact of receipt of profit does not constitute payment of the authorized capital.

Confirmation of payment of the authorized capital of LLC

There is no need to confirm the fact of payment of the authorized capital of the LLC. The full list of documents required for registering an LLC is determined by Article 12 of the Federal Law “On State Registration of Legal Entities and Individual Entrepreneurs”.

Such a list is called closed, that is, at the very end it does not say “and other documents at the request of the tax inspectorate.” This means that the tax inspectorate will not require any certificates or statements from the bank regarding the payment of the authorized capital of the LLC or the opening of a savings account. On the one hand, this greatly frees the hands of a novice entrepreneur - the tax office will not check how and what you paid. But on the other hand, it becomes clearer that in reality “society does not guarantee anything to anyone.”

In practice, there are other cases when documents confirming payment of the authorized capital can be really useful. For example, this is the case when a participant wants to leave the company (if the right to exit is provided for in the charter). In this case, if controversial issues arise regarding the final amount of payment (and sometimes payment in general), the payment document will serve as inviolable confirmation that the participant has paid his share.

Developed or developed child Authorized or authorized capital Gross or gross product figurative or figurative meaning?

In Russian legislation: authorized capital, gross product. Meaning - portable. Child - developed.


	Question No. 277119

Dear Help! Once again I repeat my question.
Please tell me whether the dash is correct in the following case:
The authorized capital of joint-stock companies is divided into shares, which belong to the participants of joint-stock companies - shareholders and certify the obligatory rights of shareholders.
In my opinion, “shareholders” is a clarifying member of the proposal, how to properly isolate it?
Thanks for the answer!