LLC is the most common form of legal entities in Russia. This is a kind of intermediate type of participation in entrepreneurial activity between the association of only capital (joint-stock companies) and the association of personal, primarily labor, participation (for example, a production cooperative). It is this feature that determines the rules for exclusion of a person from the membership of LLC, the presence of a number of special rules aimed at protecting his interests.
For example, without the consent of all participants, a company cannot be reorganized (for comparison, in joint-stock companies, in order to make such a decision, 75% of the votes of those participating in the meeting of shareholders must be collected). This protects the interests of all participants, primarily personal participation, taking into account personal opinions, regardless of their share in the authorized capital. Continue reading
A contribution is any economic resource that creates or can create returns as a result of applying one or more processes.A process is any system, standard, protocol, agreement or rule that, when applied to a deposit or deposits, creates or can produce returns.
Return – the result of contributions and processes applied to such deposits that provide or are able to provide income in the form of dividends, cost savings or other economic benefits directly to investors or other owners, members or participants.
Given the fact that the acquisition of a business and a group of individual assets is reflected in the statements differently, it is important to understand how the first differs from the second. Such an analysis is based on the three components of a business in terms of IFRS 3 Business Combinations, which is why if a company is able to demonstrate contributions, processes and returns, then, as a rule, there is a business as such. Continue reading
Any questions regarding the conditions for participating in the business, including the possibility of leaving the business, selling a share or a business as a whole, should be discussed at the stage of creation and active development of the business, until everyone is inspired and does not think about possible difficulties.
At the same time, it is important that all, even the most non-standard arrangements of partners, be settled as much as possible, taking into account the real tools and capabilities of the current legislation. This will help to avoid future unexpected scenarios of relations.
Today is another case from our practice to illustrate how you can formalize the fantasy vision of business owners regarding a possible way out of it. Continue reading