A state unitary enterprise is a commercial organization that does not have rights to any property assigned to it by the owner of this property. It is also worth noting that a unitary enterprise can also be considered because its property is indivisible and does not provide for the possibility of distribution on deposits, including among employees of this enterprise.
What is the essence of this enterprise?
It is worth noting that a unitary enterprise is a rather specific form of organization of activity. In particular, unitarity is characterized by the following:
- A legal entity is created through the allocation by the owner of a certain mass of property, and not by combining property from several parties.
- The full ownership of any property is retained by the founder.
- The property is assigned to a specific legal entity with limited rights.
- Property is absolutely indivisible.
- The company completely lacks the possibility of membership.
- Governing bodies are sole.
Why are they being created?
Among the main reasons why managers prefer to create a unitary enterprise, the following should be highlighted:
- It is necessary to use certain property that cannot be privatized.
- It is necessary to carry out activities to solve certain social problems, including also the implementation of any services or goods at the lowest cost, as well as the organization of commodity and procurement interventions for goods that belong to the category of basic necessity.
- Separate subsidized activities should be provided or any unprofitable production should be conducted.
The goal that a unitary enterprise sets itself is to solve certain tasks of the state on a commercial basis.
Features of work
The property that is allocated to this company in the process of its formation is in municipal or state ownership, while the company uses it under different rights, described below.
The company name owned by state and municipal unitary enterprises must contain the name of the owner of the property assigned to this company.
The charter of the enterprise should include clear information to whom exactly the property of the enterprise belongs, that is, about the owner of all the property. In addition, it is worth noting that state and municipal unitary enterprises are fully responsible for their obligations with all property, and at the same time do not bear any responsibility for obligations on the part of the owner of this property.
A unitary enterprise body is a responsible leader who is appointed directly by the owner himself or by any body authorized by the owner that is responsible to him.
What are the forms?
In accordance with the current Civil Code, unitary enterprises are formed exclusively in the form of municipal and state companies, which are based on different rights.
Based on the right of economic management
A federal state unitary enterprise, which is based on the right of economic management, is formed by decision of a state body authorized by this action or a specific local government body.
In this case, as constituent instrument the charter of the company is used, which in any case must be approved by the ministry, department or any other federal body, which is endowed by the current legislation with the functions of coordinating and regulating the activities of companies in this industry. The charter, which guides the federal state unitary enterprise, should include, in addition to standard information that is necessary for each legal entity, information about a specific subject and various goals of the enterprise and information about the size of the authorized capital. It is worth noting that the unitary type enterprise is the only commercial organization that has civil rights and obligations directly related to the activities indicated in the charter.
The statutory fund, which has a municipal unitary enterprise, must be greater than the amount equal to 1000 times the amount of the minimum wage per month, while the state-owned enterprise must have a fund exceeding the amount of 5000 times the size of the minimum wage. It is also worth noting that the owner must fully pay the authorized capital for three months after this organization is registered.
The owner of the property that is assigned to this company is not liable for the obligation of the company, unless the bankruptcy of the company is a direct result of instructions from the owner of this property. The founder determines what composition the municipal unitary enterprise will be guided by, as well as who will be appointed its head.
Based on the right of operational management
Enterprises of this type are based on the property that is currently in federal ownership, municipal ownership, or the property of various constituent entities of the Russian Federation. Such a state unitary enterprise uses the charter as a constituent document, which is approved by the government, a constituent entity of the country, or a local government body that has the appropriate authority.
Thus, the state unitary enterprise cannot dispose of any property, unless there is a permission directly from the owner of the property.
The company name, which is based on the right of operational management, should in any case include an indication that the enterprise is state-owned.
In this case, the Russian Federation, any of its constituent entities, or a municipality bear subsidiary liability for specific obligations that a federal unitary enterprise has if there is insufficient property. It is also worth noting the fact that the decision to reorganize or completely liquidate such enterprises is taken directly by the government, the constituent entity of the Russian Federation or a specific local government body.
Property Issues
The property of a unitary enterprise can be used in the following ways:
- Operational management.
- Housekeeping
It is worth noting that the property of this enterprise is the property of the Russian Federation, its constituent entity or a certain municipal entity, and is also at its disposal under various rights specified above.
If we are talking about economic management, then in this case the rights of a unitary enterprise include the ability to dispose of this property, as well as income and products completely independently, taking into account various restrictions that are established by law and other legal acts.
When operational management an enterprise may dispose of property, its own products and income solely if consent has been obtained from the owner.
The owner of the property completely resolves issues regarding the establishment of an enterprise, the selection of a specific subject, as well as the tasks that its activities set for itself, liquidation and reorganization. In addition, he exercises control over the use for a specific purpose and the proper preservation of property belonging to the enterprise. It is worth noting that a production unitary enterprise can receive property from the owner solely as a contribution to the authorized capital or in excess of a certain authorized capital.
The management of a unitary enterprise does not provide for the possibility of establishing any subsidiaries, since there is a legislative prohibition on acting as the founder of any other unitary enterprises by transferring to them a certain share of their property in economic management. The need to use this prohibition is due to the fact that it is impossible to take control of the property of the enterprise through the creation of subsidiaries.
Where does the property come from?
The financial resources that a state or private unitary enterprise has have the same sources as all other commercial enterprises.
In particular, there may be several possible sources of property formation for such a company:
- Property that is transferred to the company by the personal decision of the owner as payment for the authorized capital;
- Other property that, at will, is transferred by the owner to the management of the company;
- Profit that was received as a result of economic activity;
- Various borrowed funds, including bank loans;
- Depreciation deductions;
- Budget subsidies and various capital investments;
- Income that was received from various business partnerships and companies in the authorized capital of which the enterprise is involved;
- Donations from enterprises, organizations, citizens or institutions;
- Other sources that are not inconsistent with the current legislation of the Russian Federation, including also income that the rental of certain property.
A unitary enterprise has the right to independently manage the active part of the funds. In particular, such a company may sell various vehicles, equipment, raw materials or equipment, as well as other tangible assets to other enterprises, institutions or organizations in order to receive income from the sale of these assets.
Such a company does not have the ability to dispose of immovable property in any way, and if necessary, its sale can be carried out only if it was obtained direct consent from the owner of this property.
The coordination of various transactions of the enterprise with any property the price of which is more than 150,000,000 rubles is carried out by the Federal Agency for the Management of Federal Property, and this management in the course of its work is based on a decision of the Government of the Russian Federation or those decisions which, on its behalf, are made by the Deputy Prime Minister .
In accordance with the current government decree, various transactions related to the sale of federal real estate assigned to the federal state unitary enterprise on the basis of economic management are conducted through the sale of this property through an auction. The organizer in this case should be the enterprise itself or the person who acts on the basis of an agreement with a particular enterprise.
Activity Programs
The relationship between the state-owned enterprise and the owner of its property is fully regulated by current government decrees.
In particular, the resolutions approved the Rules for the development and subsequent approval of the programs of activity of unitary enterprises, as well as the determination of that part of the profit of such enterprises, which should be transferred to the federal budget.
Features of Finance
The features of finance in this case are based on the methods of forming sources for obtaining the company's financial resources. The finances that are present in a particular unitary enterprise differ significantly from the finances of organizations and, above all, the finances of joint-stock companies. These differences are formation of authorized capital, receiving and further using the profit, as well as attracting third-party budget sources of financing or borrowed capital.
The authorized capital that unitary enterprises have is formed by means of fixed circulating and fixed assets, and its size is displayed in the balance sheet of the company as of the date of approval of this charter. The authorized capital of a unitary enterprise performs exactly the same functions as the authorized capital of any other commercial organizations. In addition to the fact that this fund is considered as the material basis for the enterprise to carry out economic activity, it is it that is used as a basic indicator of its effectiveness.
If at the end of the financial year the price of the net assets of this enterprise is less than the minimum amount that was established at the date of the state organization, and in the next three months, the value of the net assets will not be restored to at least this level, in which case the owner of the municipal enterprise the decision on its final liquidation must be made without fail.
