Separate property is ... Concept, types, examples

A commercial enterprise is an organization that has a separate property acting on its own behalf in civil turnover and is responsible for its own obligations. The activities of companies are regulated by the Civil Code and industry laws.

Symptoms

The most complete definition of the legal entity is contained in Art. 48 GK. In accordance with it, the enterprise acquires rights, bears duties, can act in court as a plaintiff or defendant. All companies should have a budget, separate property, an independent balance. The company is in charge of the existing material values for its obligations. The property may be located in the enterprise in operational management, possession or economic management. When analyzing the norm, in this way, key features of economic subjects are highlighted. They are internal, inherent characteristics of them, existing in the complex. Their common presence will be considered sufficient to recognize the enterprise as a subject of civil rights. In accordance with Art. 48 ГК, it is necessary to allocate such basic signs of firms, as organizational unity and property isolation. In this case, the latter characteristic, as a rule, is a priority. Let's consider in detail what is the property of the legal entity.

Characteristics of material assets

Separate property - these are objects that are managed only by the managing company. They are separated from the material values belonging to the participants / founders. Their presence is an indispensable condition for carrying out the activities of the enterprise. In part 1 of Art. 48 there is a requirement that applies to separate property. This provision on the obligation of the economic entity to take into account material values in the documentation. Special forms of reporting have been established for enterprises and institutions. So, the latter must make an estimate. As for other commercial enterprises, they must take into account isolated property in an independent balance sheet.

Specificity of accounting

The independence of the balance sheet indicates the completeness and completeness of the reflection of the property at the disposal of the enterprise. Meanwhile, such an account may be maintained by a branch or representative office of the company. In this case, they speak of a separate, not an independent balance. Such documentation does not include all the indicators that characterize the sources of capital formation and the direction of its investment throughout the enterprise as a whole. This information is reflected only in an independent balance sheet.

Responsibility of companies

Separate property - these are the material values that the enterprise uses to repay its obligations. The legislation establishes an important condition for responsibility. So, in norms there is a sign of independence. It excludes the responsibility of the enterprise for the debts of its members. Accordingly, the founders do not participate in the repayment of the obligations of the company.

Entity Capabilities

As an integral feature of a commercial enterprise is its ability to bear responsibilities and acquire rights. Thus, the company acts as an independent subject of civil-law relations. In particular, the enterprise on its behalf concludes transactions, acts as a defendant / plaintiff in court.

conclusions

Analyzing the provisions of Art. 48 GK, we can conclude that in the norm there are 3 mandatory characteristics of the business entity:

1. Economic. He assumes that the company has a separate property. This, in turn, means that the enterprise has created a material base for conducting activities, repaying obligations.
2. Substantive-legal. He points out the ability of economic entities to incur obligations, acquire property and non-property personal rights.
3. Legal. This sign indicates the ability of the company to act as a defendant / plaintiff in adjudicating disputes in court.

Property Management

As was said above, the key feature of an economic entity is the availability of material values. An enterprise that is established in accordance with the procedure established by law and which owns segregated property is recognized as a full participant in civil turnover. However, the right of ownership is not the only reason why a company can dispose of material values. The enterprise, in addition, can carry out economic management or operative management of property. In these cases, however, the ability of the economic entity to use material values is limited to a certain extent. For example, enterprises that act as legal owners of certain objects can realize property. Subjects with limited rights to material values can not make deals with them.

The influence of the isolation of property on accounting

The current civil legislation provides for the possibility of forming limited liability companies, as well as enterprises that ensure the fulfillment of obligations assumed by the material values available to them. In this position, the characteristics of the company that directly affect the methodology for accounting for economic events are consolidated. These signs are the above-mentioned independent responsibility and property isolation. Civil law does not exist by itself. Its provisions are intended for application by subjects in practice. The methodology of accounting is in a specific dependence on the principle of isolation. In accordance with it, at the time of the company's opening, posting is formed on the basis of registered constituent documents. It reflects the emergence of the company's separate property.

Composition of material assets

At the analysis of activity, drawing up of the account all kinds of property of the enterprise are considered. They include both objects with physical expression and intangible assets. The latter, for example, include such types of property as rights to things or the results of intellectual work, as well as the responsibilities arising from their use. All this is the assets of the enterprise. They are under the control of the company and should bring profit.

Receiving additional funds

Yurlitsa are created to carry out specific activities in order to generate income. Meanwhile, in any enterprise there can be a situation when own means for doing business are not enough. In these cases, management may decide to take a loan. It involves obtaining funding under certain conditions. Regardless of the type of loan, the enterprise must prove its solvency. The provision of any tangible assets is one of the ways to confirm it. So, for example, money can be taken on the security of real estate, equipment, securities, etc. Material values can also be sold. Realization of property, as well as obtaining a loan, must be documented.

Loan agreement

The agreement should specify the conditions for the provision of financial resources:

1. Terms and method of transfer of money.
2. Description of objects provided for the period of using the finances.
3. The order according to which the funds taken on the security of real estate or other object should be returned.
4. Risks, rules for resolving disputes. This section, including, should contain an indication of force majeure.

The agreement can be concluded as unilaterally binding. It involves the emergence of debt only one party to the transaction after the signing of the contract. The agreement can also be real. It is considered concluded only after the provision of funds. The agreement prescribes all the nuances concerning the use and storage provided as collateral for the object.

Expansion of the enterprise

Opening of additional offices, representative offices and branches is a normal practice for developing companies. In the event that the units are territorially separated, then they are charged with the duty to pay fees and taxes in the regions where they are located. At the same time, it should be taken into account that in the bodies of the Federal Tax Service, not the branch or representative office, but the main office of the enterprise, will be registered. He will be responsible for taxing isolated units.

Tax on the property of a separate subdivision

The order according to which the compulsory payments to the budget of a representative office, an additional office or a branch are made, will depend on a number of factors. Value will have:

1. Presence or absence of own balance.
2. The legal status.
3. Types of levies and taxes.
4. Absence or presence of a bank account.

The property tax is deducted separately at the location of the main office and separate subdivisions, if the latter maintain their own accounts and have the assets reflected in it. Payment for material values, which are registered with a central company, is calculated and transferred in advance. They are sent to the inspection of the Federal Tax Service, where the company is registered (registered). A similar rule applies to separate units. For each representative office / branch / additional office, its own tax base is calculated. It is multiplied by the tax rate established in the region in which the separate subdivision operates. The calculated amount is sent to the regional budget.

Conclusion

In the legal theory as the source of the principle of the separation of property is Roman law. In accordance with its norms, enterprises were initially formed as partnerships. In them, property and liabilities were not separate. However, the situation subsequently changed. In European civilization, as the basis for the principle of the isolation of property, the theory of impersonation was advocated. It was proposed in the Middle Ages by Pope Innocent IV. Subsequently, there were other approaches to determining the essence of the organization and the content of the principle of the isolation of its property. With the passage of time, the norms of law were improved and adapted to the existing conditions at some historical stage. As a result, the current legislation determines the key features of a commercial organization, singling out the isolation of its property as a priority. He acts as a prerequisite for the establishment of an enterprise, obtaining legal personality. A company that has material values can make commitments. Otherwise, without property, the organization will not be able to confirm its solvency, conduct normal economic activities and extract the desired profit. The law clearly separates the material values of the enterprise from the objects belonging to its participants (founders). Accordingly, the responsibility for debts is differentiated.