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Introduction

2.3 Consortium

2.4 Joint stock company

Conclusion

Introduction

The development of entrepreneurship plays an indispensable role in achieving economic success and high growth rates of industrial production. It is the basis for the innovative, productive nature of the economy.

Entrepreneurship creates mechanisms for coordination, development of development strategies through the market and competition, and connections between economic entities. Thus, entrepreneurship as a business entity and a special creative type of economic behavior is an integral property of all factors in achieving economic success.

Entrepreneurship can be carried out both in the form of personal and joint entrepreneurship. Personal entrepreneurship is carried out by one individual independently on the basis of property owned by him, as well as by virtue of another right allowing the use and (or) disposal of property. Joint venture is carried out by the group individuals on the basis of property owned by them under the right of common ownership, as well as by virtue of other rights allowing joint use and (or) disposal of property.

IN last years One of the leading forms of business has become international joint entrepreneurship, which includes a variety of cooperative ties: from inter-company cooperation and the creation of joint ventures to large-scale integration projects within the framework of regional and interregional associations. Joint entrepreneurship changes the structure of world production and exchange, accelerates the process of globalization of the world economy, i.e. formation of the world economy as a single whole. Thus, the relevance of this topic is beyond doubt.

Purpose of the work: to become familiar with the concept of entrepreneurship, its forms, and in particular in the form of joint entrepreneurship.

The work consists of an introduction, main part, conclusion and list of references.

1. The essence of entrepreneurship

Entrepreneurship has been and will be the main component of the economic system of a society that calls itself civilized, this has been proven by history itself. Therefore, the transition to market relations poses many challenges to our society complex tasks, among which the development of entrepreneurship occupies an important place.

Entrepreneurship, or entrepreneurial activity, is understood as the proactive independent activity of citizens and their associations, carried out at their own risk and under their own property responsibility, aimed at making a profit.

The most important feature of entrepreneurship is the autonomy and independence of business entities. Their behavior is based on internal motivations. Each person, becoming an entrepreneur, independently decides all issues related to the activities of his enterprise based on economic benefits and market conditions.

In close unity with independence is the principle of personal economic interest and responsibility. Self-interest is the driving factor of entrepreneurial activity, but the economic entity, pursuing its own interests, works for the public.

Having independence, an entrepreneur takes personal responsibility for the results of his activities. Interest, combined with responsibility, forces an entrepreneur to work in a tough regime.

Entrepreneurship is unthinkable without innovation and creative search. Only those who provide high quality and constantly update products can work effectively. The ability to make non-standard decisions and a creative approach to assessing a situation have always been highly valued in the business world. Search for clients, money, currency, materials, transport, premises, contracts, connections, the right people, documents, workarounds are the inevitable fate of an entrepreneur. Therefore, he is always in a hurry and never has enough time, he rarely distinguishes between workdays and weekends, gets up early and goes to bed late, tries to do several things at the same time. A calm, quiet, measured life is not associated with the appearance of an entrepreneur.

A characteristic feature of entrepreneurial economic relations is economic risk. Risk always accompanies business. Risk shapes a special way of thinking and behavior, the psychology of an entrepreneur. Conditions of existence require from him high efficiency and dynamism, a spirit of competition.

To be entrepreneurial, an enterprise must have special properties. An entrepreneur is characterized by the fact that he tries to create something new and different from what already exists, changes and transforms value systems.

Entrepreneurial activity is a set of transactions carried out sequentially or in parallel, each of which is limited to a relatively short, clearly defined time interval. The transaction is the main brick from which the entrepreneurial building is built.

The definition of entrepreneurship will seem incomplete if we do not outline the image of the main character - the entrepreneur himself.

An entrepreneur, or a business entity, according to the adopted legislation, can be a citizen of the country recognized as legally capable in the manner prescribed by law (not limited in legal capacity). Citizens of foreign states and stateless persons can also act as entrepreneurs, within the powers established by law.

Along with individual and private, collective entrepreneurship is allowed. The role of collective entrepreneurs (partners) are associations of citizens using both their own and those purchased at legally property.

2. Joint venture

2.1 Features of joint entrepreneurship

Joint entrepreneurship is a common entrepreneurial activity several partners, including partners different countries.

Joint entrepreneurship is carried out on the basis of property owned by them under the right of common ownership, as well as by virtue of other rights allowing joint use and (or) disposal of property.

The creation of a new operating enterprise (firm) to carry out certain production activities is the main distinctive feature joint venture, considered as a partnership in which each partner actively participates in the decision-making process of this enterprise.

The basis of joint entrepreneurship is the pooling of efforts, financial resources, material resources and participation in profit, risk, etc.

A common feature of specific forms of joint entrepreneurship is the need to harmonize the economic interests of all participants and ensure the movement of goods (services) from producers to consumers.

Joint entrepreneurship can be carried out in the following forms:

Joint individual entrepreneurship;

Consortium;

Joint-Stock Company;

Joint (Russian-foreign) ventures, etc.

2.2 Joint individual entrepreneurship

Individual entrepreneurship can be either personal or joint.

Joint entrepreneurship can be carried out in the following forms (Article 5 of the Law of the Republic of Kazakhstan “On Individual Entrepreneurship”):

1) entrepreneurship of spouses, carried out on the basis of common joint property of the spouses;

2) family entrepreneurship carried out on the basis of common joint ownership of a peasant (farm) enterprise or common joint ownership of a privatized home;

3) a simple partnership, in which business activities are carried out on the basis of common shared ownership.

When spouses are entrepreneurs, the certificate of registration of an individual entrepreneur is received by one of the spouses, and the second must express his consent in writing.

When entrepreneurship is based on a peasant (farm) enterprise, a registration certificate is issued in the name of the head of the enterprise.

Entrepreneurship on the basis of common joint ownership of a privatized home is a rather exotic type and I am not aware of any cases of its registration in practice, although the law in this case provides for the conduct of business by one of the owners with the notarial consent of the others.

A simple partnership is an association of several persons on the basis of a joint activity agreement in order to jointly act to generate income or achieve another goal.

The parties must enter into an agreement on joint activity, stipulating in it the amount of monetary or property contributions, the procedure for distributing income and covering losses, and participation in the activities of the partnership. Participants in a simple partnership have the right to conduct business jointly or entrust this to one of the participants on the basis of a power of attorney.

2.3 Consortium

A consortium is an organizational form of temporary association of independent enterprises and organizations for the purpose of coordinating their business activities. The word "consortium" literally translates from Latin as "participation." The consortium's goals are varied.

A consortium may be created to undertake a large capital-intensive project or to jointly issue a loan. In international trade, consortia are created to jointly compete for orders.

Within the consortium, roles are distributed in such a way that each participant works in the field of activity where he has achieved the highest technical level at the lowest production costs.

Consortium participants retain their economic independence and can take part in the activities of other consortia, associations, and joint ventures.

The consortium uses and disposes of the property allocated to it by the founders, funds allocated for the implementation of the relevant target program or coming from other sources.

The organization of the consortium is formalized by agreement. The actions of all consortium participants are coordinated by the leader of the consortium, who receives royalties from other participants for this.

The leader represents the interests of the consortium, but acts within the limits of the authority received from other members.

Each consortium participant prepares proposals for its share of supplies, from which the overall proposal is then compiled. The consortium is jointly and severally liable to the customer.

2.4 Joint stock company

A joint stock company (JSC) is one of the types of business companies. A joint stock company is a commercial organization whose authorized capital is divided into a certain number of shares certifying the obligatory rights of the company's participants (shareholders) in relation to the company.

Since in modern world economic practice the concept of “joint venture” is interpreted quite broadly, combining both agreements between firms that include requirements for participation in the share capital of the joint venture, and agreements that do not include such requirements, the concepts were introduced: joint-stock joint venture ; contractual joint venture.

A joint stock joint venture is created by two or more participants in the form of a joint stock company in which each partner owns a certain share of the share capital.

A contractual joint venture does not involve the creation of a new company to carry out joint activities. Within its framework, all relations between the participating parties are regulated by contracts.

IN modern Russia joint stock company is the most common organizational and legal form for large and medium-sized businesses, and enterprises big business More often they exist in the form of open joint-stock companies, medium-sized enterprises - in the form of closed joint-stock companies. The main characteristics of modern Russian joint-stock companies are: division of capital into shares; limited liability.

Activities of the joint stock company in Russian Federation regulated by the Federal Law “On Joint Stock Companies”.

When considering joint ventures, it is important to consider the position of potential partners. For example, a firm seeking a source of financing is primarily a small business. She enters into a partnership with a large firm that has greater financial and operational capabilities. For a small partner looking to expand its operations, operational capabilities are sometimes more important than money.

A large partner company, participating in a joint venture, is interested not so much in money as in some specific product produced by the partner, in a market segment, etc. Therefore, it invests its capital not in an ordinary block of shares, but in joint ventures.

So, a joint venture (JV) is an enterprise whose authorized capital is formed on the basis of share contributions by two or more founders, one of whom is a foreign individual or, most often, a legal entity.

joint venture consortium

2.5 Features of joint ventures (JVs) in Russia

A characteristic feature of the development of the Russian economy in the current conditions is the increasing role of foreign economic relations, which contribute to the development of advanced foreign experience, attracting foreign capital, scientific and technical potential, and make it possible to increase production efficiency by deepening the international division of labor. One of the most common forms of solving these problems is the creation of collective entities in which national and foreign organizations (firms) participate. In particular, broad prospects in relations between entrepreneurs in Russia and other countries have opened up in connection with the creation of joint ventures.

The basis of joint entrepreneurship is international cooperation, which is an important component of international economic cooperation. International cooperation is one of the instruments of a market economy, playing a large role in the process of formation normal conditions existence and development of entrepreneurship. International cooperation helps to achieve socially useful results in production, scientific research, sales, etc. with labor costs less than those necessary to achieve the same result when the participants act separately.

The UN Economic Commission for Europe (ECE) identifies the following main features of joint ventures as a form of business:

The presence of an agreement between the participants on the common long-term goals of entrepreneurial activity;

Pooling by participants to achieve these long-term goals of assets in the form of cash, fixed assets, management experience, intellectual property rights and other means;

Consideration and evaluation of combined assets as investments of participants;

Creation of independent management bodies, whose activities are aimed exclusively at achieving these joint goals;

Participation of the parties in the profits from achieving agreed goals and sharing of associated risks, determined by the percentage of participation of each partner in joint investments.

Joint entrepreneurship also involves the creation of mixed enterprises. Mixed enterprises include enterprises whose authorized capital is formed by two or more legal entities of the same country.

So, having decided to form a joint venture, the entrepreneur develops an action plan. This plan provides:

Determining the profile of the future joint venture;

Finding a partner ready to cooperate in creating a joint venture;

Signing a protocol of intent;

Preparation of options for possible ways for a foreign partner to receive its share of the profit of the joint venture;

Preliminary formation of a share contributed upon establishment of a joint venture;

Obtaining permission to act as a founder of a joint venture (if required), appointing a director or person responsible for preparing for the establishment of a joint venture;

Preparation of drafts of all documents necessary for the establishment and registration of a joint venture;

Signing an agreement on the creation of a joint venture;

State registration of joint venture;

Implementation of agreements on the creation of a joint venture in practice.

A protocol of intent is a document signed by the parties on the direction and content of future cooperation, which has no legal force and only indicates the desire of the parties to continue contacts in the future. Failure to comply with the terms of the protocol does not cause any legal consequences.

In Western countries, the term “joint ownership enterprise” is often used to refer to a joint venture. In this case, it is possible to purchase a share in an existing enterprise. This kind of enterprise is created on the basis of direct investment, i.e. long-term investment of capital in any enterprise or business. An investor, i.e. The investor can be an individual, a legal entity or even a state.

On the territory of Russia, joint ventures with the participation of Russian and foreign partners are created as manufacturing enterprises, trading companies, innovation and other service organizations that carry out economic activities on their own behalf, on the basis of common property and in the interests of the joint venture participants.

The activities of joint ventures in Russia are regulated by the Law of the Russian Federation “On Foreign Investments”. Officially, such an enterprise is registered in Russia (based on the Law “On Enterprises and Entrepreneurial Activities”) as an enterprise (in one of the organizational and legal forms listed in the law) with an indication that such an enterprise is being created with the participation of foreign capital.

The participants of the joint venture are legal entities and carry out their activities on the basis of an agreement in accordance with the legislation of the Russian Federation and the charter of the joint venture. The agreement defines the mutual rights and obligations of the partners, as well as their relations with the outside world. Agreements can take different forms, from contract or lease agreements to an agreement on the creation of a joint venture with common property of partners, which predetermines joint ownership of the product being created. Particularly important from the point of view of the success of joint entrepreneurship is the consideration and coincidence of the national interests of the parties entering into joint entrepreneurship relations.

Joint entrepreneurship on the territory of Russia can be based both on contractual relations without the transfer of foreign capital (franchising, leasing) and on foreign direct investment. In this case, we are talking about the creation of so-called enterprises with foreign investment.

The following can be created and operate on the territory of the Russian Federation:

Enterprises with equity participation of foreign investments (joint ventures) and their branches (representative offices);

Enterprises wholly owned by foreign investors (enterprises with 100% foreign capital) and their branches (representative offices);

Branches (representative offices) of foreign legal entities. Enterprises with foreign investment can be classified according to several criteria (Table 1).

When choosing the type of enterprise and its organizational and legal form, it should be borne in mind that there is no fundamental difference in the procedure for legal regulation and benefits provided for enterprises of various organizational and legal forms with or without the participation of foreign investment - the current legislation does not provide for it.

When creating an enterprise with 100% foreign investment, a foreign entrepreneur can choose one of three forms of registration:

Representative office - without the rights of a legal entity and without the right of independent economic activity;

Branch - with the right of independent economic activity, but without the right of a legal entity;

Closed joint stock company or open type with all the rights of a legal entity.

The first two forms - representative office and branch - are administratively subordinate to the parent foreign company that founded them, which somewhat narrows their activities and limits their capabilities to certain Russian departmental rules and instructions.

A joint stock company is the third form of investing foreign capital in Russia, although it is established by the parent company, it has all the legal opportunities for independent activity.

Enterprises with foreign investments can unite into unions, associations, concerns, inter-industry, regional and other associations on conditions that do not contradict the antimonopoly legislation in force on the territory of the Russian Federation, and in the manner prescribed by legislative acts of the Russian Federation.

A joint venture must have a Charter approved by its participants.

The charter determines the subject and goals of the enterprise’s activities, its location, the composition of participants, the procedure for forming the authorized capital (including in foreign currency), the structure, composition and competence of the enterprise’s management bodies, the procedure for decision-making and the range of issues whose resolution requires unanimity, as well as procedure for liquidating an enterprise.

The charter may also include other provisions that do not contradict Russian legislation and relate to the specifics of the joint venture’s activities.

After registering a joint venture, partners contribute their shares within a certain period of time authorized capital. It happens that a foreign investor slows down the fulfillment of this obligation, while the enterprise is already operating. If he does not deposit money within a year, then Russian law on foreign investment, the joint venture is considered failed.

If the joint venture operates without the full contribution of the foreign partner to the authorized capital, then the board of the enterprise makes a decision on its liquidation or on the transfer of the share to another partner or its sale.

Conclusion

So, joint entrepreneurship is the common entrepreneurial activity of several partners, including partners from different countries.

The most typical forms of joint ventures are: joint individual entrepreneurship; consortium; Joint-Stock Company; joint (Russian-foreign) ventures, etc.

Joint entrepreneurship as a type foreign economic activity represents a wide range of different forms of production and economic activity of partners of two or more countries, the content of which is cooperation in the spheres of production and circulation, in scientific, technical, investment and service areas.

A common feature of specific forms of joint entrepreneurship is the need to harmonize the economic interests of all participants in this type of relationship.

The basis of this activity is the pooling of efforts, financial resources and material resources, long-term guarantee of the sale of goods, systematic updating of products, scientific, production and trade cooperation, participation in profits, distribution of technical, investment and commercial risks.

The fundamental features of cooperation between participants in joint ventures are:

combining the ownership of partners and education on this basis the initial volume of fixed assets and working capital joint venture;

joint management of the processes of enterprise development, production and sale of its products and services;

joint bearing of production and commercial risks of the enterprise;

division of part of the profit of a joint venture between partners.

Bibliography

1. Bagiev G.L. Organization of business activities. Textbook / G.L. Bagiev, A.N. Asaul; Under the general editorship. prof. G.L. Bagieva. - St. Petersburg: Publishing house of St. Petersburg State University of Economics and Economics, 2001. - 231 p.

2. Eremin V.V. Organization of entrepreneurial activity (Basics of business). Benefit / V.V. Eremin, T.Z. Artyukhova, V.B. Kosov, N.S. Matsievsky. - Tomsk: TPU, 2005. - 125 p.

3. Organization of entrepreneurial activity / Under the general editorship of Professor A.S. Pelikha. - M.: Publishing Center "MarT", 2003. - 374 p.

4. Semeko G.V. Joint entrepreneurship: Textbook / G.V. Semeko. - M.: IKD "Zertsalo-M", 2004. - 120 p.

5. Shevchenko I.K. Organization of business activities. Textbook / I.K. Shevchenko. - Taganrog: TRTU Publishing House, 2004. - 92 p.

6. Yurkova T.I. Enterprise economy. Textbook / T.I. Yurkova, S.V. Yurkov. - Krasnoyarsk: Krasnoyarsk State Academy of Non-Ferrous Metals and Gold, 2006. - 119 p.

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Joint: types

It is customary to classify joint entrepreneurial activities into 4 types:

Licensing– the most common and simplest way of joint entrepreneurship. Wanting to enter the market, the company enters into an agreement with the licensee, offering to take advantage of such advantages as a trademark, scheme production process. As a result, both parties receive benefits of various kinds: the licensor enters a new market with minimal risk, and the licensee gets rid of the need to start promoting the brand from scratch. Licensing has common features with franchising, however, the licensee, unlike the franchisee, does not have to pay. Licensing also has its disadvantages: firstly, the licensor has virtually no control over the licensee, who can harm the licensor’s reputation through inept activities, and secondly, if the licensee is successful, the licensor may find that he has raised a serious competitor.

An example of entrepreneurship in the form of licensing is the activity of the Coca Cola company, which licenses the use of the concentrate necessary for the production of the drink (as well as the concentrate itself) to companies from all over the world.

Contract manufacturing– finds a local manufacturer qualified enough to produce the company’s goods without compromising quality. The disadvantage of this method is the impossibility of constant quality control, the advantages are minimal risk and the ability to organize production faster than when opening a new plant.

Contract Management– a large organization provides (most often in the field of management), a local company forms. The subject of export in this case is management services. This method has one drawback: the local company requires personnel qualified enough to use the know-how as efficiently as possible.

Joint Ownership Enterprise. Local and foreign companies can create a new enterprise that they will manage together. A foreigner can also acquire a share of an already operating business. There are pros and cons to this practice. The following are considered advantages:

Deciding on market entry methods

Having decided to engage in sales in a particular country, the company must choose best way entering the chosen market. She can stop at export, joint venture or direct investment abroad 10 . Each successive strategic approach requires greater commitment and greater risk, but also promises greater returns. All these strategies for entering the foreign market are presented in Fig. 92 indicating options for possible actions in each specific case.

Rice. 92. Strategies for entering foreign markets

Export

The easiest way to enter into activities in a foreign market is to export. Irregular export This is a passive level of involvement where the firm occasionally exports its surplus and sells goods to local wholesalers representing foreign firms. Active export occurs when a firm sets out to expand its export operations in a specific market. In both cases, the firm produces all its goods in its own country. They can offer them for export in both modified and unmodified form. Of the three possible strategy options, exporting requires minimal changes to the firm's product mix, structure, capital expenditures, and program of operations.

A firm can export its goods in two ways. You can use the services of independent international marketing intermediaries (indirect export) or carry out export operations yourself (direct export). The practice of indirect export is most common among firms just starting their export activities. Firstly, it requires less capital investment. The company does not have to acquire its own sales apparatus abroad or establish a network of contacts. Secondly, it is associated with less risk. International marketing intermediaries are domestic merchant-exporters, domestic export agents or cooperative organizations who bring their specific professional knowledge, skills and services to this activity, and therefore the seller, as a rule, makes fewer mistakes.

Joint business activity

Another general direction for entering a foreign market is to join forces with commercial enterprises in a partner country in order to create production and marketing capabilities. Joint business activity differs from export in that a partnership is formed, as a result of which certain production capacity. What distinguishes it from direct investment is that an association with a local organization is formed in the partner country. There are four types of joint ventures.

LICENSING. This is one of the easiest ways to involve a manufacturer in international marketing. The licensor enters into an agreement with a licensee in a foreign market, offering the rights to use a manufacturing process, trademark, patent, trade secret, or some other value of value in exchange for a royalty or license payment. The licensor gets access to the market with minimal risk, and the licensee does not have to start from scratch, because he immediately receives production experience, a well-known product or name. Through licensing operations, Gerber introduced its baby food products to the Japanese market. The Coca-Cola Company carries out its international marketing activities by providing licenses to various enterprises in different parts light or, more precisely, by providing them with trading privileges, since the concentrate necessary for the production of the drink is provided by the company itself.

A potential disadvantage of licensing is that the firm has less control over the licensee than over its newly created enterprise. In addition, if the licensee is very successful, the profits will go to him, and at the end of the contract the firm may find that it has created a competitor.

CONTRACT MANUFACTURING. Another activity option is concluding a contract with local manufacturers for the production of goods. Sears used this method to open its department stores in Mexico and Spain, finding skilled local manufacturers who could make many of the products it sold.

The disadvantage of contract manufacturing is the company's less control over the production process and the loss of potential profits associated with this production. At the same time, it gives the firm the opportunity to expand operations faster, with less risk, and with the prospect of partnering with or purchasing a local manufacturer.

CONTRACT MANAGEMENT. In this case, the company provides the foreign partner with “know-how” in the field of management, and he provides the necessary capital. Thus, the firm does not export a product, but rather management services. This method is used by Hilton to organize the operation of hotels in different parts of the world.

Contract management ¾ is a way to enter a foreign market with minimal risk and generate income from the very beginning of activity. However, it is not advisable to resort to it if the company has a limited staff of qualified managers who can be used with greater benefit for itself, or in the case where independent implementation of the entire enterprise will bring much greater profits. In addition, contract management for some time deprives the company of the opportunity to develop its own enterprise.

JOINT OWNERSHIP ENTERPRISES. A joint ownership venture is a combination of foreign and local investors to create a local business enterprise that they jointly own and operate. An overseas investor can buy a stake in a local business, a local firm can buy a stake in an existing local business of a foreign company, or both parties can work together to create an entirely new business.

A joint ownership venture may be necessary or desirable for economic or political reasons. The firm may lack the financial, physical, or managerial resources to undertake the project alone. Or perhaps co-ownership is a condition of foreign government entry into their country's market.

The practice of joint ownership has certain disadvantages. Partners may disagree on investment, marketing, and other operating principles. While many American firms seek to use earnings to reinvest in business expansion, local firms often choose to withdraw these proceeds. While American firms play a larger role in marketing, local investors can often rely solely on sales organization. Moreover, cross-ownership may make it difficult for a multinational company to implement specific policies in production and marketing on a global scale.

Direct investment

Most full form involvement in activities in the foreign market is the investment of capital in the creation of their own assembly or production enterprises abroad. As the company accumulates experience in export work and with sufficient large volume foreign market, production facilities abroad promise clear benefits. First, the firm can save money by using cheaper work force or cheaper raw materials, due to incentives provided by foreign governments to foreign investors, due to reduction; transport costs, etc. Secondly, by creating jobs, the company provides itself with a more favorable image in the partner country. Third, the firm develops deeper relationships with government agencies, customers, suppliers and distributors of the host country, allowing them to better tailor their products to the local marketing environment. Fourth, the firm retains complete control over its investments and can therefore develop production and marketing policies that suit its long-term international objectives.

Forms of entrepreneurial activity

1. INDIVIDUAL ENTREPRENEURSHIP is the simplest and most ancient type of entrepreneurship. In this case, all funds are owned by one owner. He independently decides the question of what, for whom and how to produce; solely disposes of the proceeds received and bears unlimited financial liability for the results of its activities. In the event of debt formation, for example, the entrepreneur pays off with his property. This prospect is quite real, because, as statistics show, no less individual entrepreneurs go bankrupt every year than new ones are registered. An individual entrepreneur usually works himself, but has the right to hire additional workers, concluding an agreement with each of them. Despite the many stories about millions earned through hard work and ingenuity, not all individual entrepreneurs manage to seriously expand their business. Growth opportunities are limited by the owner's personal funds and the small loans he can get from the bank. It is also affected by the fact that an individual entrepreneur cannot be an expert in all matters of production, supply, marketing, management, finance, and this often leads to making erroneous decisions and, consequently, to economic losses. However, this type of entrepreneurship also has certain advantages, such as minimal regulation of activities, mobility, material interest, etc. In world practice, this form of business is typical for small shops, service enterprises, farms, and the professional activities of lawyers, doctors and teachers. An entrepreneur who has sufficient resources to create a business, who is inclined to solely control the decision-making process, and is ready to bear full financial and legal responsibility for commercial activities, will prefer to become an individual entrepreneur, becoming the sole owner of the company. All other forms of entrepreneurial activity are collective.

1.2.LEGAL ENTITIES: COMMERCIAL AND NON-PROFIT ORGANIZATIONS. An entrepreneur, as a rule, has the opportunity to unite with other entrepreneurs to jointly achieve common economic goals. Joint activity can be based on: 1. agreement to conduct a common business, which is reflected in the contract - agreement of the parties; 2. on the formation of joint property, consisting of shares that are the partners’ own property (cash, material assets, etc.) and representing contributions to the common property (joint capital). For non-profit organizations, making a profit is not the main goal. They have the right to engage in entrepreneurial activity only to the extent that it is necessary to achieve their statutory goals, and the profit is completely used for self-development and is not distributed among the participants. The advantage of this form of business organization is preferential taxation. But it must be emphasized once again that non-profit organizations are not created for the purpose of making a profit. Commercial organizations are created by their founders for the purpose of making a profit. Russian legislation provides for several organizational and legal forms of these organizations. These are business partnerships and societies

2. PARTNERSHIP (PARTNERSHIP)

Partnership (partnership) is an organizational form of entrepreneurship, when both the organization of production activities and the formation of authorized capital are carried out by the joint efforts of two or more persons (individuals and legal entities). Each of them has certain rights and bears certain responsibilities depending on the share in the authorized capital and the place occupied in the management structure of such a partnership. Thus, a business partnership is a commercial organization that has separate property as its own, with an authorized or share capital divided into shares (contributions). A partnership can be created: 1. by individuals; 2. individuals and commercial organizations; 3. commercial organizations with authorized (share) capital divided into shares (contributions) of the founders.

2.1. GENERAL PARTNERSHIP

From the point of view of legal consequences, a general partnership belongs to the category of undesirable forms of associations, since it does not imply a limitation of liability. For the obligations of a general partnership, its members, called general partners, are liable with all their property. Responsibility in this case is subsidiary. Vicarious liability assumes that before making claims against a person who is liable in addition to the liability of another person, the creditor must make claims against the principal debtor. If the latter refuses to satisfy the presented demand or if there is no response to such a demand, the creditor has the right to present such a demand to the person bearing subsidiary liability. Thus, a partnership is recognized as a full partnership, the participants of which (general partners), in accordance with the agreement concluded between them, are engaged in entrepreneurial activities on behalf of the company and are liable for its obligations with the property belonging to them (subsidiary liability).

2.2. PARTNERSHIP ON LIMITED PARTNERSHIP (LIMITED PARTNERSHIP) Partnership on limited partnership (limited partnership) is a partnership in which, along with the participants who carry out business activities on behalf of the partnership and are liable for the obligations of the partnership with their property (general partners, complementaries), there are one or more participants - investors (command partners) who bear the risk of losses associated with the activities of the partnership within the limits of the amounts they have made contributions and do not participate in the implementation of business activities. Investors do not have the right to participate in the management and conduct of the affairs of the partnership on faith and act on its behalf except by proxy. They do not have the right to challenge the actions of their general partners in managing and conducting the affairs of the partnership. Each complementary has the right to act on behalf of the partnership, unless the constituent agreement stipulates that all complementaries conduct business jointly, or the conduct of business is entrusted to individual general partners. When conducting the affairs of a partnership jointly, its general partners require the consent of all general partners to complete each transaction.

Advantages of partnerships 1. Ease of organization. Like a sole proprietorship, a partnership is easy to form. In almost all cases, a written agreement (partnership agreement) is concluded, and, as a rule, this does not involve burdensome bureaucratic procedures. 2. More financial resources. The unification of several participants in a partnership allows it to expand its financial resources in comparison with the resources of an individual private enterprise. Partners can pool their money together, and their venture usually appears less risky to bankers. 3. Collaborative management. By having multiple partners in the business, a higher degree of specialization is possible. With carefully selected partners, it is much easier to manage the daily activities of the enterprise. Members of the partnership provide each other with time free from business activities, and also have complementary qualifications and views. Disadvantages of partnerships. 1. Unlimited liability. Each general partner (in both types of partnership) is responsible for the debts of the company, regardless of whose actions caused this debt. In fact, each partner is responsible for all failures of the enterprise - not only for the result of their own management decisions, but also for the consequences of the actions of any other partner. 2. Disagreements between members. When multiple people are involved in governance, this division of power can lead to inconsistent policies or inaction when decisive action is required. It's even worse if partners disagree on strategic issues. 3. Limited life. The duration of the partnership's activities is unpredictable. Withdrawal from a partnership or the death of one of the partners, as a rule, entails the disintegration and complete reorganization of the company, the complete cessation of its activities. 4. Limited financial resources. The financial resources of partnerships remain limited, although they usually exceed the capabilities of individual private firms. But three or four partners may also lack the funds to successfully grow their venture. 5. Difficulty of liquidation. Once you have committed yourself to a partnership, leaving it is not so easy. When a company closes, the question of what will go to whom and what will happen next is often very difficult to resolve. Law firms surprisingly often encounter errors in partnership agreements and conclude that ra3.

ECONOMICAL SOCIETY

A business company is a commercial organization, the authorized capital of which is formed by one or more individuals or legal entities by contributing their shares (or the full amount of the authorized capital, if one person acts as a founder). As shares, monetary or material assets, intellectual capital, securities or property rights with a monetary value can be considered. At the same time, an expert assessment of the value of intellectual capital and property rights in monetary form is carried out. There are four forms of business companies: 1. limited liability company (LLC); 2. additional liability company; 3. closed joint stock company (CJSC); 4. open joint stock company (OAOzdel is difficult to implement.

3.1. LIMITED LIABILITY COMPANY (LLC)

A limited liability company (LLC) is a commercial organization, the founder of which is one or more individuals or legal entities who bear responsibility for the obligations of the company and the risk of losses within the limits of their contributions only. The supreme governing body is the meeting of its participants. The exclusive competence of the meeting is: 1. changing the charter; 2. change in the size of the authorized capital; 3. approval of annual reports and balance sheets, distribution of profits and losses; 4. formation of executive bodies and early termination of their powers; 5. decision on reorganization or liquidation of the company; 6. election of the audit commission. An LLC has the right to transform into a joint-stock company or a production cooperative. A company can only be liquidated by a unanimous decision of its participants. A participant in a company has the right to sell or otherwise assign his share in the authorized capital of the company or part of it to one or more participants of the company. Shares in the authorized capital pass to the heirs of citizens and to the legal successors of legal entities that were members of the company, unless the constituent documents of the company stipulate that such a transfer is allowed only with the consent of the company's participants. The exit of a company participant does not require the consent of its other participants.

3.2. COMPANY WITH ADDITIONAL LIABILITY

An additional liability company is a type of limited liability company. A company with additional liability is recognized as the establishment by one or more persons of an organization whose authorized capital is divided into shares of sizes determined by the constituent documents; participants of such a company jointly and severally bear subsidiary liability for its obligations with their property in the same multiple of the value of their contributions, determined by the constituent documents of the company (clause 1 of article 95 of the Civil Code of the Russian Federation). A company with additional liability has features characteristic of both companies and partnerships. What distinguishes it from a limited liability company is that if there is insufficient property to satisfy the claims of creditors, its participants are liable subsidiarily (additionally) in a joint and several manner. The amount of liability of the latter (unlike general partners) is limited only to that part of their property that is a multiple of the amount of contributions made by them. The bankruptcy of one of the participants leads to the fact that his responsibility for the obligations of the company is distributed among the remaining participants in proportion to their contributions, unless a different procedure is determined by the constituent documents. Consequently, the creditors' claims remain secured in the same amount. An indication of the additional responsibility of the company must be contained in its corporate name.

3.3. JOINT-STOCK COMPANY

A joint stock company is a company whose authorized capital is divided into a certain number of shares; Participants in a joint stock company (shareholders) are not liable for its obligations and bear the risk of losses associated with the activities of the company within the limits of the value of the shares they own. A joint stock company, from the point of view of an individual entrepreneur, is the optimal form of organizational and legal registration of entrepreneurial activity. It can be created by one person or consist of one person in the event that one shareholder acquires all the shares of the company. Types of joint stock companies: 1. open (OJSC) 2. closed (CJSC)

3.3.1 CLOSED JOINT STOCK COMPANY (CJSC) A closed joint stock company is a company whose shares are distributed only among its founders (among a predetermined circle of persons), when the form of open subscription for shares issued by the company is not used and they cannot be freely sold and bought at stock market. The number of members of a closed joint-stock company cannot exceed 50 (if this number of shareholders is exceeded, the company must transform into an open joint-stock company through re-registration). A closed joint-stock company is not required by law to disclose information about itself to the extent required from an OJSC; however, it is required to submit an annual report to the Companies Registration Office, which is open to inspection by any member of the public.

3.3.2. OPEN JOINT STOCK COMPANY (OJSC)

An open joint stock company is a joint stock company whose participants can freely sell and buy shares of the company without the consent of other shareholders. It can carry out an open subscription for shares it issues, which can be freely traded on the stock market. This implies complete openness of society and careful control over its activities. The highest management body in the joint-stock company is the general meeting of shareholders. If the number of shareholders exceeds 50 people, then a Board of Directors (Supervisory Board) is created.

4. CORPORATION A corporation is a legal form of business that is distinct and limited from the specific individuals who own it. Such a structure, having the status of a legal entity, has the right to acquire resources, own assets, produce and sell products, borrow, make loans, sue in court, and perform all the functions that are performed by any other type of business enterprise. The nature of incorporating a corporation is not overly complicated, although the procedures for registering as a corporation can often be quite complex. Most people are not willing to risk everything they have to get into business. However, in order for a company to grow, prosper and be a source of wealth, big number people must be willing to invest money in it. The way to solve this problem is to create an artificial person that exists only legally. Such a legal entity is called a corporation. This is nothing more than a technique for involving people in business with minimal risk for them. This organizational and legal form of entrepreneurship has its advantages and disadvantages. Advantages 1. More money for investment. A corporation copes with the task of attracting capital much more effectively than all other forms of business organization. Corporations have a unique way of financing—through the sale of stocks and bonds—that allows them to tap into the savings of numerous households. Through the market valuable papers corporations are able to pool the financial resources of a huge number of people into a common fund. Limited liability. Corporations also have one distinct advantage: limited liability. The owners of the corporation (that is, the stockholders) risk only the amount they paid to purchase the shares. Their personal assets are not at risk, even if the corporation faces bankruptcy. Creditors can sue a corporation as a legal entity, but not the owners of the corporation as individuals. Limited liability makes it much easier for corporations to raise cash capital. 2.High degree of specialization. Because of its advantages in attracting cash capital, a successful corporation can more easily increase volume, expand operations, and realize the benefits of growth. In particular, the corporation is able to take advantage of mass production technologies as well as greater specialization in the use of human resources. While the manager of a sole proprietorship firm must divide his time between production, accounting, and marketing functions, a large corporation is able to attract specialized personnel in each of these areas and thereby achieve greater efficiency. In addition, corporations may purchase other corporations operating in other industries to diversify risk. (This means that a corporation can simultaneously engage in various types activities, and if one area fails, the impact on the entire corporation will be reduced). 3. Permanent existence. As a legal entity, a corporation exists independently of its owners and its own officers. Individual firms can die suddenly and unpredictably, but corporations, at least legally, are eternal. The transfer of ownership of a corporation through the sale of shares does not undermine its integrity and going concern. In other words, corporations have a certain permanence that other forms of business lack and which provides opportunities for forward planning and growth. 4. Separation of owners from management. Corporations can raise funds from many different investors without involving them in management. The owners elect a board of directors. The directors select the senior management team. He, in turn, hires managers, as well as workers and employees. The owners thus have some influence over what runs the corporation, but not control over it. Disadvantages 1. Difficulty in registration. Registering a corporation's charter involves bureaucratic procedures and legal fees. 2. Potential for abuse. From a societal perspective, the corporate form of business contains opportunities for some forms of abuse. Because a corporation is a legal entity, some unscrupulous business owners are sometimes able to avoid personal liability for questionable business transactions because of the opportunities offered by the corporate form of business organization. 3. Reporting. The documents drawn up when forming a corporation are just the beginning. Tax laws require corporations to certify that all of their expenses and tax deductions are legal. In this regard, the corporation is forced to process a large number of different documents. The owner of an individual enterprise or partnership can maintain documentation in a fairly free manner, but a corporation is forced to maintain detailed records, minutes of meetings and much more. 4. Double taxation. That portion of corporate income that is paid out as dividends to shareholders is taxed twice—once as part of the corporation's profits and again as part of the shareholder's personal income. 4. Dimensions. Scale can be one of the advantages of corporations, but it can also be a disadvantage. Large corporations sometimes become too inflexible and bureaucratic, and this deprives them of the ability to quickly respond to market changes. 5. Separation of ownership and management functions. In a sole proprietorship and partnership, the owners of real and financial assets themselves directly manage and control these assets. But in large corporations, whose property is widely dispersed among tens and even hundreds of thousands of shareholders, the functions of ownership and management (control) are separated. The reasons for this discrepancy lie in the inactivity of the typical shareholder. Most shareholders do not take part in voting, and if they do participate in it, it is only indirectly, transferring their votes to the current officers of the corporation and thereby giving the latter almost unlimited powers and the ability to independently determine their own destiny. The separation of ownership and management functions does not cause serious consequences if the actions of the group performing management functions are in the interests of the group of owners of the corporation (that is, shareholders). But the interests of these two groups do not always coincide.

5. PRODUCTION COOPERATIVES.

A production cooperative (artel) is a voluntary association of citizens (at least five) and legal entities based on membership, personal labor participation in production (economic) activities and share contributions. The profit received by the cooperative is distributed among its members in accordance with their labor participation in the activities of the cooperative. The property of such a cooperative (artel) consists of shares (share – shared ownership). The activities of a cooperative are based on the personal participation of its members in production (economic) activities, although legal entities are also allowed to participate in cooperatives. Production cooperatives are created for joint production, processing, marketing of industrial, agricultural and other products, trade, and provision of services. Members of a production cooperative bear subsidiary liability, i.e. not limited by the size of the individual share contribution, share in the common property of the cooperative. The profit received by the cooperative is distributed among its members in accordance with their labor participation. The highest governing body of a cooperative is the general meeting of its members.

6. STATE ENTERPRISES

A state-owned enterprise is a production unit characterized by two main features. The first is that the property of such an enterprise and its management are fully or partially in the hands of the state and its bodies (associations, ministries, departments); they either own the capital of the enterprise and have undivided powers to manage it and make decisions, or they unite with private entrepreneurs, but influence and control them. The second concerns the motives for the functioning of a state enterprise. In its activities, it is guided not only by the search for the greatest profit, but also by the desire to satisfy social needs, which can reduce economic efficiency or even lead in some cases to losses, which, however, are justified. State institutions that pursue non-economic goals (hospitals, schools, public services) and do not participate in market exchange proper should be distinguished from state-owned enterprises. State and municipal enterprises, according to the Civil Code of the Russian Federation, operate in the form of unitary enterprises.

A UNITARY ENTERPRISE is a commercial organization that is not endowed with ownership rights to the property assigned to it. Unitary enterprises have a number of features that distinguish them from other commercial organizations: 1. if the business form of a unitary organization includes the principle of unitarity (the owner of the property is the state, not the organization), then the business form of other commercial organizations includes the principle of corporatism; 2. the property of a unitary enterprise is indivisible and under no circumstances can it be distributed among deposits, shares and shares, including between employees of the enterprise; 3. The management of a unitary enterprise is carried out by a manager appointed by the owner. Depending on who owns the property, unitary enterprises can be state or municipal. Such enterprises, depending on the rights granted by the founder, are divided into two categories: 1. with the right of economic management; 2. with the right of operational management. The right of economic management is broader than the right of operational management, that is, an enterprise operating on the basis of the right of economic management has greater independence in management.

In the practice of modern international business, various, including quite flexible, forms have been developed. international cooperation, which include:

· co-production - production of a complex product or its components by one of the foreign partners;

· contract management - transfer of know-how in the field of management by one of the partners to another;

· franchising - issuing a license for a certain activity with the provision of additional management, marketing and technological support;

· strategic alliance - a formal or informal alliance created with the aim of pooling resources to solve problems of reorganization, increasing market efficiency, etc., or achieving “economies of scale”, or for other purposes;

· a joint venture is one of the most common forms of strategic alliance, associated with the creation of a new company as legally and economically independent enterprises;

· multinational company - the most “tough” form of international cooperation, based on the mechanism of shareholder participation and/or other methods of corporate control.

A joint venture is an international firm created by two or more national enterprises for the purpose of achieving the most full use the potential of each party to maximize the beneficial economic effect of their activities. It is a type of enterprise with foreign investment and, in accordance with current Russian legislation, is defined as an enterprise with equity participation of Russian and foreign investors. An important sign A joint venture should be considered to have at least one foreign investor among its founders (participants), along with the national one.

The concept of an international joint venture is used to refer to enterprises (firms) jointly owned by two or more owners (legal entities and individuals), based on mixed ownership of different countries.

Important motivations for creating joint ventures are the difficulties of independent penetration into foreign markets, insufficient knowledge of the foreign economic environment and the need to combine the efforts of partners in conditions of growing uncertainty of economic development, and sometimes national legislation limiting 100% foreign ownership in certain industries and areas. Of particular importance in this regard is the exchange of organizational, managerial and technological experience, and the mutual use of the partners’ sales and service infrastructure.

The goals of a joint venture may be different. The main and most common ones include:

1. obtaining modern foreign technologies (in contrast to traditional licensing in joint ventures, the seller of licenses becomes a co-owner of the enterprise using them, extremely interested in receiving high profits), overcoming the barriers of protectionism in international technology transfer;

2. increasing the competitiveness of the product on the market; expanding product exports, entering the foreign market through:

Studying the specific needs of foreign markets, carrying out a set of marketing activities;

Organizing the production of products in accordance with the quality parameters characteristic of the world market or in accordance with the standards adopted in the countries where it is planned to sell them;

Entering the markets of countries that apply strict trade protectionism and restrictions on foreign investment without the participation of local enterprises and firms.

3. attracting additional financial and material resources, the possibility of using the resources available to one of the founders of the joint venture at prices significantly lower than average prices on the world market;

4. reduction in production costs based on the use of transfer (intra-company) pricing, saving costs on product sales;

5. improvement of material and technical support by obtaining from a foreign partner scarce material resources, semi-finished products that they do not produce, components and parts (“screwdriver” production).

The emergence and spread of joint ventures as one of the forms of coordinated activities of two or more partners aimed at achieving a common goal was facilitated by the processes of internationalization of the economies of different countries and an increase in the export of capital. Integration trends in the field of specialization and cooperation of production have a certain influence on the development of joint ventures. Joint ventures as one of the most promising organizational forms of business became widespread in the 1970-80s in countries Western Europe and Asia, and then - in the countries of Central and Eastern Europe, as well as the CIS.

Joint ventures have become a means of attracting advanced foreign technology and modern management experience. Thanks to them, the export of capital is facilitated, including in its productive form, and investment projects are implemented, the implementation of which is beyond the power of one company. In addition, markets in new regions are easier to develop with the help of local partners, especially since enterprises with equity participation of foreign and national investors often enjoy tax breaks. Being international in form, joint ventures have acquired a special status in the country of official legal registration. In all countries, the activities of joint ventures are regulated by special legislation, including tax, economic, etc.

Huge capacity of the Russian market, diverse Natural resources, skilled labor are attractive factors for foreign investment in the Russian economy. In accordance with current Russian legislation, joint ventures can be created in the form business partnerships and societies.

In its own way organizational structure joint ventures can be classified as closed or open joint stock companies, limited liability companies, etc., while the share of each party in the authorized capital of the joint venture is strictly specified in the constituent documents. Profit distribution occurs, as a rule, in proportion to the share of participation in the authorized capital of the company.

Distinctive feature the management structure of the joint venture is the equality of the parties in decision-making processes, control over the activities of the company, strategic planning. Operational and tactical management is carried out by the highest management body of the company, appointed by the co-owners of the joint venture. Parity principles of company management allow each party to derive the greatest benefit from joint activities and contribute to the development of business cooperation.

The management structure of a joint venture fits within the framework of traditional company management schemes (functional, product, divisional, matrix, regional, etc.) and depends on the nature of the activity, the number of parties involved in the creation of the company, the degree of diversification of production and services provided.

Being a fairly flexible organizational form of management that allows the use of experience, financial and other resources of companies from different countries, joint ventures become a kind of growth point for new forms of business. Using resources from different countries allows you to minimize costs and maximize profits, thereby increasing the return on your partners' invested capital.

Creating joint ventures abroad requires solving many management problems, taking into account the characteristics of the external environment, and stimulating the workforce. It is necessary to take into account the significant differences in cultural, commercial, economic and other areas of the countries involved in the creation of a joint venture. Personnel composition of parent companies usually evaluates labor productivity, remuneration levels, labor safety differently and puts different assessments into the concept of subordination. There may also be large differences in the organizational cultures of the two parent companies and in the strategy for using human resources. Cultural differences influence the formation of a joint venture, as they are reflected in differences in approaches to goals, strategies, human resource policies, development opportunities and difficulties, organizational relationships, and communication priorities.

Joint entrepreneurial activity in the form of a simple partnership

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Introduction

2.3 Consortium

2.4 Joint stock company

Conclusion

Introduction

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