Unitary enterprise is a commercial organization that is not endowed by the owner with the right of ownership of the property assigned to it.

Such enterprises are called unitary enterprises, since their property is indivisible and cannot be distributed among deposits, shares, shares, shares.

Only state and municipal enterprises can be created in this form.

The corporate name of a unitary enterprise must contain an indication of the owner of its property.

The charter must clearly indicate to whom ( Russian Federation, which specific subject of the Russian Federation or local government body) owns the property of a unitary enterprise by right of ownership. In this case, the property (state or municipal, respectively) belongs to a unitary enterprise with the right of economic management or operational management.

Types of unitary enterprises

Unitary enterprises can be of three types:

Federal State Unitary Enterprise (FSUE),

state enterprise of a constituent entity of the Russian Federation (SUE);

municipal enterprise (MUP) is a unitary enterprise of a municipality.

The essence of a unitary enterprise

Unitarity is a specific form of organization of activity, which is characterized by the following features:

creation of a legal entity through the allocation of certain property by the owner;

preservation of the founder's ownership of the transferred property;

assignment of property to a legal entity with the right of economic management or operational management;

indivisibility of the transferred property;

lack of membership;

the presence of a sole management body.

The main reasons for creating unitary enterprises

The main reasons why unitary enterprises are created include the following reasons:

carrying out certain subsidized types of activities and conducting certain industries operating at a loss;

carrying out activities to solve a number of social problems, including the sale of certain goods, works and services at minimum prices;

the need to use property whose privatization is prohibited.

The purpose of the activities of unitary enterprises

Since in accordance with paragraph 2 of Art. 50 and art. 113 of the Civil Code of the Russian Federation, unitary enterprises are commercial legal entities, then their activities are aimed at generating profit in favor of the owner of the property - the state or municipality, as well as to cover their own expenses.

In addition, the purpose of the activity is not only to make a profit, but also to satisfy the interests of the state and provide for state needs.

At the same time, depending on the method of securing property, two types of unitary enterprises are distinguished (clause 2 of Article 113 of the Civil Code of the Russian Federation):

unitary enterprises based on the right of economic management (Article 114 of the Civil Code of the Russian Federation);

unitary enterprises based on the right of operational management (state-owned enterprises; Article 115 of the Civil Code of the Russian Federation).

Constituent documents of a unitary enterprise

The constituent document of a unitary enterprise is:

decision to establish a federal state enterprise. Such a decision is made by the Government of the Russian Federation or federal executive authorities in accordance with acts defining the competence of such bodies;

the decision to establish a state enterprise of a constituent entity of the Russian Federation or a municipal enterprise is made by an authorized government body of a constituent entity of the Russian Federation or a local government body in accordance with acts defining the competence of such bodies;

The document defining the management procedure of a unitary enterprise is its charter.

Charter of a unitary enterprise

The constituent document of a unitary enterprise is the organization's charter, which is approved by a ministry, department or other federal body.

The charter of a state and municipal enterprise must contain, in addition to the usual information characteristic of each legal entity, information about the subject and purposes of its activities, as well as the size of the organization’s authorized capital.

Statutory fund of a state unitary enterprise

The size of the authorized capital of a state unitary enterprise must be equal to no less than 5000 minimum wages, and that of a municipal unitary enterprise must be no less than 1000 minimum wages.

Property of a unitary enterprise

Methods of using the property of a unitary enterprise include the use of property by right:

economic management;

operational management.

With the method of economic management, a unitary enterprise (SUE, MUP) can dispose of the property assigned to it, manufactured products and income from the sale of goods, works or services independently, taking into account the current restrictions established by law.

With the method of operational management, a unitary enterprise (state-owned enterprise) has the right to dispose of the property assigned to it, manufactured products and income from the sale of goods, works or services only on the basis of the consent of the owner.

Sources of formation of property of a unitary enterprise

The sources of formation of the property of a unitary enterprise are:

property that is transferred to the enterprise based on the owner’s decision to pay for the authorized capital;

other property that is transferred to the enterprise by decision of the owner;

profit that was received from the implementation economic activity enterprises;

received credit and borrowed funds;

accrued amounts of depreciation charges;

capital investments made by the enterprise;

subsidies received from the budget;

Unitary enterprise: details for an accountant

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• Changes in wage legislation

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• New management salary

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• New Year 2018 – new procurement rules

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• Accounting for costs of allocated subsidies

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What does "unitary enterprise" mean?

Large legal dictionary

unitary enterprise

according to the civil legislation of the Russian Federation, a commercial organization that is not vested with the right of ownership of the property assigned to it. In the form of U.p. Only state and municipal enterprises can be created. Property U.p. is respectively in state or municipal ownership and belongs to it under the right of economic management or the right of operational management. Brand name U.p. must contain an indication of the owner of his property. Management body U.p. is a manager who is appointed by the owner (or a body authorized by the owner) and is accountable to him. U.p. is liable for its obligations with all the property belonging to it and is not liable for the obligations of the owner of its property.

Wikipedia

Unitary enterprise

Unitary enterprise- a special organizational and legal form of a legal entity. A commercial organization that is not vested with the right of ownership of the property assigned to it by the owner. Property is indivisible and is not distributed among deposits, including among employees of the enterprise. In addition to the information specified in paragraph 2 of Art. 52 of the Civil Code of the Russian Federation, the legal status of state and municipal unitary enterprises is determined by the Civil Code and the law on state and municipal enterprises.

State and municipal unitary enterprises are a special type of legal entity. The specificity is primarily related to the property status of these entities. Let us next consider what state and municipal unitary enterprises are.

General characteristics

What is a unitary state? enterprise and municipal unitary enterprise? As mentioned above, the key criterion for identifying these legal entities is their property status. It is believed that unitary state and municipal enterprises are non-profit organizations. However, this is not entirely true. These legal entities can carry out business activities, but they must be strictly within the framework of the purposes for which they were created. At the same time, all profits should go to the development of unitary enterprises. They have certain property, but have limited rights to it. Material assets entrusted to institutions are indivisible and cannot be distributed in shares, including among employees.

Distinctive Features

For a better understanding, let us note the main features of a state unitary enterprise. A legal entity is created by separating a certain part from the common property. The state acts as the owner. And it is he who retains the right to fully dispose of the property transferred to the jurisdiction of the State Unitary Enterprise. Material assets are provided for economic management or operational management. The created legal entities do not provide for membership. The governing body is sole.

Reasons for creation

State unitary enterprises, as a form of state property management, can be formed for the purpose of:

1. Use of property in respect of which a ban on privatization has been established.
2. Carrying out activities related to solving social problems. These include, among other things, the sale of a certain category of products and the provision of services at a minimum cost and the organization of commodity and procurement interventions for essential products.
3. Providing some subsidized types of work and conducting unprofitable production.

These are the main purposes for which a state unitary enterprise can be created. The significance of this legal entity is to solve government problems on a commercial basis.

Features of regulatory regulation

In the provisions of Art. 11-115, as well as 294-297 of the Civil Code, only the legal status of enterprises is regulated. Rules of regulation do not regulate the legal status of employees. The responsibilities and legal capabilities of enterprise employees are determined by labor legislation. At the same time, the standards contain mention of employees of state unitary enterprises and municipal unitary enterprises. It is related to property. As stated above, material assets cannot be distributed among employees. If, with the consent of the owner, the legal entity made a contribution to the authorized capital of a unitary enterprise, then it also becomes the property of the company.

Additional Features

Municipal and unitary enterprises in Russia must have a charter and a company name. The name of the legal entity must contain an indication of the owner of the property. The charter must contain complete information about the owner. In particular, a specific subject or body of territorial power is indicated. If the owner is the Russian Federation, then information about this should also be present in the charter.

Civil law and procedure

Unitary enterprises, in accordance with the Civil Code, are not liable for the obligations of the property owner. Accordingly, if disputes arise, these legal entities will not act as defendants. Meanwhile, municipal unitary enterprises, as well as state unitary enterprises, are liable for their debts. The owner of the property is not liable for their obligations. The exception is cases of bankruptcy caused by the actions of the owner.

Forms of legal entities

State and municipal unitary enterprises can be of two types. Classification is carried out depending on the type of property rights. State and municipal unitary enterprises, to which property is entrusted with the right of economic management, are formed by decision of the authorized institution of federal or territorial government.

Charter

It acts as the founding document. The charter is approved by the department, ministry or other body that coordinates and regulates work in the relevant industry. In addition to the usual information that is mandatory for all legal entities, the document contains information about the goals and subject of activity, and the size of the authorized capital. Its size should not be less than 5000 times (for state unitary enterprises) or 1000 times (for municipal unitary enterprises) the minimum wage. The fund must be fully financed by the owner of the property within three months from the date of creation of the legal entity. Unitary enterprises are considered the only commercial structures that have rights and bear responsibilities directly related to the activities specified in the charter.

State institutions

When such enterprises are created, the property is transferred to them for operational management. The owner of material assets can be a region, the Moscow Region or the Russian Federation. The charter also serves as a constituent document. It is approved by the government, regional or territorial authority. A government agency cannot dispose of property, regardless of whether it is movable or immovable, without the appropriate permission of the owner. The name of the legal entity must indicate its type. For the obligations of a state-owned enterprise of the Russian Federation, a subject or municipal organization may bear subsidiary liability. This is permitted if the institution’s property is insufficient to satisfy the creditors’ claims. The formation and liquidation of a municipal unitary enterprise, including a state-owned enterprise, is carried out by decision of the territorial authority. Termination of the activities of a state unitary enterprise is carried out on the basis of a resolution of the government or a regional authorized body.

Features of property use

During economic management, unitary enterprises can dispose of entrusted material assets, income, manufactured products (provided services) independently. In this case, the restrictions established by laws and other regulations must be taken into account. Operational management presupposes the mandatory obtaining of the owner’s consent for any actions with the property.

Owner rights

The owner decides issues related to the creation of the enterprise, determines the goals and subject of its activities. The owner’s powers include control over the use of property for its intended purpose and ensuring its safety. The founder also resolves issues related to the liquidation or reorganization of the enterprise.

Restrictions

Unitary enterprises cannot create subsidiaries. The legislation prohibits institutions that have property under economic management from acting as founders of other similar legal entities by transferring to them part of the material assets entrusted to them by the owner. This procedure is determined by the need to prevent property from getting out of control.

Sources of property formation

They can be:

1. Profit that is received in the process of carrying out its activities.
2. Property provided by decision of the owner as a contribution to the authorized capital, or other material assets transferred by the owner.
3. Borrowed funds. These include loans from banking and other financial institutions.
4. Depreciation charges.
5. Capital investments and budget subsidies.
6. Income (dividends) that comes from business partnerships and companies in whose authorized capital a legal entity participates.
7. Donations and voluntary contributions from citizens, institutions, organizations.
8. Other sources, the existence of which does not contradict the law. These include, among other things, profits from leasing property to other entities.

Making transactions

Unitary enterprises cannot dispose of real estate. The sale of objects is carried out exclusively with the permission of the founder. At the same time, the approval of real estate transactions, the value of which is more than 150 million rubles, is carried out by the Federal Agency for Federal Property Management on the basis of a decision of the government of the Russian Federation or a decision taken on its behalf by the Deputy Chairman of the Government.

Activity programs

The relationship between state unitary enterprises and owners is regulated by government regulations. One of these acts approved the rules for developing activity programs for the legal entities in question and determining profits to be deducted to the budget. Part of the income, as stated above, can be used for the development of the enterprise.

Specifics of financial resources

One of key differences unitary enterprises from others, primarily joint stock companies, are the methods of capital formation, education and use of income, attracting borrowed and budget funds. The cash fund is created from current and fixed assets assigned to the legal entity. The amount of capital is reflected in the balance sheet as of the date of approval of the constituent document (charter). Its functions are similar to those performed by the cash fund of any other commercial structure. In addition to the fact that capital acts as a material basis for a legal entity to carry out its activities, it is a kind of indicator of the effectiveness of its work. If, at the end of the reporting period, the price of net assets falls below the minimum amount established by law on the date of registration of the enterprise and is not restored within three months, the founder must liquidate the company. If no corresponding decision was made during the specified period, creditors may demand early fulfillment or termination of obligations and compensation for losses caused.

Profit

She acts as one of the the most important sources financing. Profit is generated in the same way as in other commercial structures. At the same time, the BC regards the income of unitary enterprises as a source of non-tax revenues to the budget. Every year, the legal entities in question make mandatory deductions from the profits received. The procedure, amount and terms of payments are approved by the government or regional/territorial government structures. The funds remaining after paying taxes and other deductions are redistributed among funds for material incentives, social events, etc. Part of the net income, by decision of the founder, can be used to increase the authorized capital of the enterprise.

Directions for spending funds

Net profit can be used:

1. For the implementation and development of new technologies and equipment, and for carrying out environmental protection measures.
2. Expansion and development of financial and economic activities, increase in current assets.
3. Reconstruction, construction or OS update.
4. Carrying out research activities, studying market conditions and demand.

Unitary enterprises can use targeted sources of financing. Such appropriations, as a rule, are allocated for the implementation of certain activities and programs of a social nature.

A unitary enterprise is a specific company that does not have the right to dispose of property. It has only one owner, and its property is allocated in accordance with state legislation.

Such facilities are created not only at the expense of the state, but also at the expense of the municipality.

What does a unitary enterprise mean?

This is a specific company or other object, and the owner does not have the right to dispose of the property of the enterprise. These objects have a number of distinctive features that elevate them to a number of such formations.

These signs include the following:

• its participants can be created by the state of the Russian Federation, subjects of the state, as well as municipal entities;
• the existence of documents such as the charter and the owner’s decision;
• existing authorized capital;
• indivisible property, which can be divided only according to deposits, shares and other criteria;
• such objects can only be the municipality and the state;
• all issues are regulated by local or state authorities.

Please note: These objects are formed depending on their type and characteristics, but in any type, management is carried out on an individual basis.

Types of unitary enterprises

Such objects are divided into subtypes:

• on the right of economic management(in this case, the property belongs to the state);
• in the form of operational management, when the property belongs to the state, but is agreed with the owner. This type is called official.

Also, such objects are divided into types according to ownership rights:

• municipal - abbreviation (MUP);
• state-owned (SUE);
• FSUE - stands for Federal.

At the same time, depending on the ownership of the property, such an enterprise is endowed with a certain status, and the owner receives his rights and bears responsibility for the object.

Signs of a unitary enterprise

Such companies have a number of distinctive features. There are tables that clearly define characteristics of such companies:

• property is indivisible;
• there is a subject and purpose of its activities, as well as a mandatory charter;
• only the state and the municipality can act as them.

Each characteristic, together with the others, determines the position of the company.

Reasons for the formation of unitary enterprises

There are a number of main reasons why this type of object is formed.

These include:

• certain activities;
• solving some social problems;
• sale of industrial goods and services at the lowest prices.

Thus, a number of reasons for the formation of such objects make it possible to determine their essence.

Activity goals

There is a clause in the law of the Civil Code of the Russian Federation that states that such enterprises are legal entities (commercial), therefore they the goal is to generate profit for the benefit of the manager or owner of the property.

In addition, they are required to cover all expenses.

In addition, owners are obliged to satisfy the interests of the country, as well as ensure that the needs of the state are met.

Constituent documents

Documents include the decision on establishment, as well as the charter. It is approved by the founder of the company. It must contain information about the size of the fund, as well as the directions for making a profit.

Authorized fund

When establishing a unitary enterprise, a fund must be formed. It has a certain set of characteristics.

The minimum size may be 5000 minimum wages, if we're talking about about a government facility. If a municipal organization is meant, then its amount should be at least one thousand minimum wages.

In this case, the period for its formation should be no more than three months after registration.

How is the property of a unitary enterprise formed?

The basis for its use is a certain type of guidance.

With the option of economic management, enterprises can dispose of objects and products that they produce, while independently designating the boundaries and cost of these types, but always in accordance with the Federal Law.

With the operational type of management, a state-owned enterprise is obliged to take into account the interests of the owner when disposing of anything.

Ways to use the property

It can be transferred to the object at the discretion of the owner in order to make payment of capital.

The profit received from running a household is also recognized as a source of property formation. There are other sources.

Number of participants in a unitary enterprise

The very definition of “unitary” means the presence of only one owner.

The property is not divided into parts and shares. That's why There are no organizational subjects for this type of enterprise.

Upon liquidation of such a company, the property remains with the owner.

Examples of unitary enterprises in Russia

There are several examples of established companies in our country.

One of them is the “Unified Settlement Center”, located in Moscow. They also include the Eureka Municipal Unitary Enterprise in Moscow, which is engaged in the construction and repair of buildings and structures.

In addition to them, the same is the Regional State Pharmacy Warehouse, which has 9 branches.

Advantages and disadvantages of a unitary enterprise

One of the main advantages is the focus on achieving socially and corporate goals and objectives. In addition, there is a high degree of security for such production.

Also a clear advantage is the degree of responsibility of the private owner. He is responsible only for his own management, but is not responsible for his obligations.

The disadvantages of its activities are the need to combine management, innovation and running public utilities and other types of economy. And also the emergence of certain difficulties with financing.

Such companies are formed in accordance with state legislation. The legal status of such an object is regulated by the civil code of the Russian Federation and Federal law.

It has a single owner, whose interests are necessarily combined with the interests of the state. The many advantages of such industries make it possible to manage certain types of services, goods and other activities.

1. A unitary enterprise is a commercial organization that is not endowed with the right of ownership of property assigned to it by the owner. Only state and municipal enterprises can be created in the form of unitary enterprises. The property of a unitary enterprise belongs by right of ownership to the Russian Federation, a constituent entity of the Russian Federation or a municipal entity.

On behalf of the Russian Federation or a subject of the Russian Federation, the rights of the owner of the property of a unitary enterprise are exercised by state authorities of the Russian Federation or government bodies of a subject of the Russian Federation within the framework of their competence established by acts defining the status of these bodies. On behalf of the Russian Federation, the rights of the owner of the property of a federal state enterprise can be exercised by the State Atomic Energy Corporation "Rosatom" in the manner established by the Federal Law "On the State Atomic Energy Corporation "Rosatom". On behalf of the Russian Federation, the rights of the owner of the property of a federal unitary enterprise can be exercised by the federal state budgetary institution "National Research Center "Institute named after N.E. Zhukovsky" in accordance with the Federal Law "On the National Research Center "Institute named after N.E. Zhukovsky". On behalf of the Russian Federation, the rights of the owner of the property of a state unitary enterprise can be exercised by the State Corporation for Space Activities "Roscosmos" in the manner established by the Federal Law "On the State Corporation for Space Activities "Roscosmos". On behalf of the Russian Federation, the rights of the owner of the property of a federal unitary enterprise can be exercised by the federal state budgetary institution "National Research Center "Kurchatov Institute" in accordance with the Federal Law "On the National Research Center "Kurchatov Institute".

(see text in the previous edition)

On behalf of the municipality, the rights of the owner of the property of a unitary enterprise are exercised by local government bodies within the framework of their competence established by acts defining the status of these bodies.

The property of a unitary enterprise belongs to it by the right of economic management or by the right of operational management, is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the unitary enterprise.

A unitary enterprise does not have the right to create another unitary enterprise as a legal entity by transferring part of its property to it (a subsidiary).

A unitary enterprise can, on its own behalf, acquire and exercise property and personal non-property rights, bear responsibilities, and be a plaintiff and defendant in court.

A unitary enterprise must have an independent balance sheet.

2. The following types of unitary enterprises are created and operate in the Russian Federation:

unitary enterprises based on the right of economic management - a federal state enterprise and a state enterprise of a constituent entity of the Russian Federation (hereinafter also referred to as a state enterprise), a municipal enterprise;

Unitary enterprises based on the right of operational management are a federal government enterprise, a government enterprise of a constituent entity of the Russian Federation, a municipal government enterprise (hereinafter also referred to as a government enterprise).

3. A unitary enterprise must have a round seal containing its full corporate name in Russian and an indication of the location of the unitary enterprise. The seal of a unitary enterprise may also contain its corporate name in the languages ​​of the peoples of the Russian Federation and (or) a foreign language.

A unitary enterprise has the right to have stamps and forms with its corporate name, its own emblem, as well as a duly registered trademark and other means of individualization.

4. The creation of unitary enterprises on the basis of combining property owned by the Russian Federation, constituent entities of the Russian Federation or municipalities is not allowed.