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Dear Customer! We invite you to read the article “Pros and Cons of LLC”. Society with limited liability– the most common organizational and legal form of enterprises in small businesses.
The definition of LLC states: “A limited liability company is one established by one or more persons economical society, the authorized capital of which is divided into shares of sizes determined by the constituent documents; the members of the Company 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 contributions made by them.” Like other forms of enterprises, LLC has its own characteristics, advantages and disadvantages. Advantages of LLC: a) simple creation procedure - registration of the enterprise with the tax service, there is no need to register the issue of shares; b) liability for debts is limited to the amount of the contribution to the Authorized Capital; c) the property interests of the company's participants are more protected: each participant can leave the company at any time and demand payment of the actual value of his share (for the participant this is a plus, but for the enterprise itself - a minus); G) simple system management - the formation of a board of directors is not required; management of current economic activities, as a rule, is carried out by an individual executive body; e) the possibility of a faster increase in the authorized capital (compared to a joint-stock company) if it is necessary to raise additional funds for business development. f) the charter of the LLC may contain a provision prohibiting the sale by participants of their shares to third parties; it may be established that the transfer of a share to another LLC participant, as well as to the heir or legal successor of a participant, is possible only with the consent of the remaining LLC participants; it is possible to prohibit the transfer of shares as collateral; it is possible to provide for a procedure for distributing profits between the participants of the company disproportionately to the shares they own; g) owners of at least 10% of the authorized capital have the opportunity to demand judicial procedure exclusion from the LLC of a partner who grossly violates his duties, if such violations complicate or make the normal functioning of the company impossible. h) LLC can be sold or bought. - Art. 21 Federal Law “On LLC”. Such a sale is possible on the basis of a notarized agreement and is carried out by purchasing shares in authorized capital society. i) An LLC can cover losses of previous years with profits of the current year, and thus reduce income tax. - Art. 283 of the Tax Code of the Russian Federation. j) The LLC pays the insurance premium in Pension Fund, the amount of which depends on the profit received in the reporting period, that is, in the event of suspension or termination of activities and the absence of property on the balance sheet, the company does not pay any taxes. j) its director can represent the interests of the LLC on behalf of its participants. This does not require a notarized power of attorney. The main disadvantages of an LLC: a) registering an enterprise is more difficult and expensive (compared to an individual entrepreneur), more documents are required; b) it is impossible to freely dispose of cash, which must be deposited in the bank into the current account of the enterprise, in accordance with the “Procedure for maintaining cash transactions"; c) payment of dividends to the founders of the LLC can be made no more than once a quarter; d) the obligation to maintain accounting records and submit financial statements if the company applies the general taxation system and not the simplified tax system; however, if dividends are distributed to the LLC, the Ministry of Finance also requires accounting; e) if the LLC is on the general taxation system, then it pays property tax; e) as for a legal entity, higher penalties. The expediency of using the LLC form, paying attention to the features of this or that form of doing business, we can draw the following conclusion: for the development big business with serious intentions, LLC has a significant advantage over individual entrepreneurs, since without accessibility financial resources The scope of the company's development is significantly narrowed. As a rule, to reach a new level and scale economic activity An individual entrepreneur is forced to resort to reorganization and formation of a legal entity, usually through registering an LLC. The limited liability company also operates a full-fledged personnel policy, and this allows you to attract more qualified and highly paid specialists. This naturally affects the company's operating results and profitability. When comparing the forms of activity of LLC and individual entrepreneur, we discover a very important distinctive feature: in the form of LLC there is potential for the future growth of the company, which is not observed in the form of individual entrepreneur. Registering a company, in contrast to registering as an individual entrepreneur, provides more opportunities for business development and income growth for the founders in the form of a share of profits - with significantly less property and reputational risk. The choice is yours! We hope you found the article useful
More detailed information on questions.
Hello! Today we will compare LLC and JSC as forms of business registration.
The whole variety of organizations in Russia is divided into two large groups: unitary and commercial. And if the former serve free of charge for the state and public good, then the latter are aimed solely at making a profit.
Among them, the most popular in business environment are limited liability companies (LLC) and joint stock companies(AO).To select the most suitable form and further successful commercial activities It is important to clearly understand their advantages, disadvantages and differences on all key points.
Limited Liability Company
- Non-public joint-stock companies. Distribution of shares in such companies is possible only in a narrow, predetermined circle of owners, and their number should not exceed fifty people. The holder can sell his shareholding to third parties only with the consent of other shareholders, since they have the primary right to purchase them.
- Public JSC(PJSC) are characterized by the fact that their securities are in public circulation - they can be freely acquired by third parties, and their number is not limited. In addition, the prior consent of all JSC participants for the sale of shares is not required. Minimum total amount contributions amount to one hundred thousand rubles. This form is subject to annual audit reviews and disclosure. financial results activities of the society.
Main similarities between LLC and JSC
- Limited risk
To the similarities of LLC and JSC relative to other forms commercial enterprises attributed primarily to the lack of personal financial liability in case of loss or . The risk is associated only with their share in the authorized capital or the volume of shares. This significantly distinguishes them from another common form of private business - individual entrepreneurship(IP), where all losses fall both on the property of the organization and on the savings of the private person who founded it.
- Reliable cooperation
In the business world, it so happens that LLCs and JSCs are considered more significant and desirable business partners, with whom it is safer and more profitable to do business than with individual entrepreneurs.
- Majority power
LLC and JSC are united by the fact that when making voting decisions in both companies, the owner has the final say controlling stake shares or the largest share in the authorized capital. In the case of JSC it is 51% valuable papers, in practice - often a smaller percentage for various reasons, for example, due to the “dispersal” of shareholders, or their passivity, as well as the presence of “voteless” shares.
- General rules
If we are talking about non-public joint-stock companies (NAC), then JSC and LLC are added to the general features one system taxation General requirements for the preparation of accounting and tax reporting, a single lower threshold for the authorized capital is ten thousand rubles, as well as a limited upper threshold for the number of participants/shareholders - fifty people.
LLC and JSC in comparison - disadvantages and advantages
When choosing a legal form for a business, you need to think about the disadvantages and advantages of LLC and JSC in relation to each other.
- Do we save on management and registration?
The minimum amount to be deposited into the management company for an LLC is a symbolic ten thousand, while for a public joint-stock company the starting amount is fixed at one hundred thousand rubles. It is also obvious that in the absence of additional costs for issuing shares, other things being equal, registering an LLC will cost less than a similar procedure for a JSC.
- Who has the green light to invest?
The JSC has the opportunity to attract more investments through an additional issue of securities for their subsequent sale to its new shareholders. JSCs can attract significant capital investment due to the ease of acquiring shares and also because the shareholder does not have to be an entrepreneur or participate in meetings.
Many owners regard the purchase of shares as a form of capital investment. On the other hand, to receive funds from outside, LLCs have to sign loan or investment agreements, which is a much more labor-intensive and expensive procedure.
- What if the owner changes?
It is enough for a joint-stock company to simply change owners. This procedure is carried out through the sale of securities to other shareholders. Such a transaction is subject to registration only in the company register without contacting government agencies. For an LLC, on the contrary, changing the composition of share owners is difficult, since the procedure must be completed by a notary and registered with the Federal Tax Service.
- Is your whole life at your fingertips?
A convenient advantage of an LLC is that there is no need to disclose its balance sheet, etc. to the public. financial statements, although society can do this if it considers it beneficial for itself. On the other hand, public joint stock companies (PJSC) are required to publish their data on an annual basis.
Let's take a closer look at the differences between LLC and JSC, a comparison of which is presented in table form for better clarity.
As you can see, JSC and LLC have their own characteristics, the understanding of which will allow you to more consciously make a choice in favor of one or another organizational and legal form.
Comparison table between LLC and JSC
OOO Key indicators Public Non-public No more than 50 Number of participants Not limited No more than 50 From 10,000 rubles Amount of authorized capital From 100,000 rubles From 10,000 rubles Standard procedures for introducing Money and their registration in the Charter and government agencies Increase in capital Standard procedures + additional issue of shares Possibility of granting additional rights to individual participants Influence of governing bodies The rights of individual participants are predetermined and cannot be changed The votes of participants may be distributed disproportionately to the volume of their shares, if the Charter so prescribes Proportionality may not be respected The division of profits takes place taking into account the weight of the share or as prescribed by the Charter of the company Profit distribution The division of profits is strictly proportional to the participant’s share in the management company Proportionality may not be respected
Information about the names and shares of owners is publicly available Availability of information about shareholders/participants Information about shareholders is closed to third parties The sale is carried out exclusively through a notary with changes made by the registering authority Sale of shares/shares The sale is carried out with the entry of data into the register of shareholders Easily exercised pre-emptive right to purchase shares by other participants Implementation preemptive right difficult There is a pre-emptive right A fixed price for a share in the Charter is possible It is impossible to fix the price per share in the Charter The charter may provide for the need for the consent of the participants to transfer, as part of an inheritance, to a third party the share of the deceased Inheritance of shares and shares No restrictions on inheritance of shares It is possible to contribute without increasing the Authorized Capital Property deposits It is impossible to contribute to the company without changing the Authorized Capital Refusal from the Audit Commission is possible Supervisory authority Mandatory establishment of an audit commission The decision on their existence is made by the founders Reserve funds Strictly required Not required The company may lose its property if a participant leaves its membership Distribution of property Only upon liquidation of the JSC will the property be distributed among its shareholders Lower status of LLC due to the frequent use of LLC as a platform for shell companies. Business status The reputation of JSCs in the business world is “whiter” than that of LLCs; they are given a greater credit of trust Disclosure of reports is optional Publication of reports Always mandatory regardless of the number of shareholders Mandatory if the number of shareholders is more than 50 people Possible at any time without the obligatory sale of your share Withdrawal from the society The law requires the mandatory sale of shares upon exit from a joint stock company. By a court decision, a participant who interferes with the successful functioning of the company may be expelled from its ranks Exclusion of a participant/shareholder A shareholder cannot be forcibly expelled from a JSC unless he decides to sell all his shares The exclusion of a shareholder is possible
Hello, dear readers of the blog site. I have already written in some detail about this ( individual entrepreneur) and why do it at all. But there is also an LLC (limited liability company) with its pros and cons. In this regard, most future entrepreneurs are interested in solving the pressing problem they face - open an individual entrepreneur or is it better to choose an LLC.
In this short article I will try in simple words explain how these two forms of legalization of private business differ and I hope that after reading it you will be able to make a completely informed choice, understanding all the differences and advantages.
Well, we’ll also talk about Is it worth bothering with these LLCs and individual entrepreneurs at all?, for example, when opening an online store or running another business on the Internet. Looking ahead, I will say that in fact this may even be beneficial for you, strange as it may sound, but first things first.
What is the difference between an individual entrepreneur and an LLC - their pros and cons
So, what to choose - individual entrepreneur or LLC? Interesting question, actually. First let's look at benefits of starting an individual entrepreneur compared to opening a limited liability company.
- It is cheaper to register an individual entrepreneur. The state fee for its registration is 800 rubles, versus 4,000 rubles, which will have to be paid when registering an LLC. Essential? Well, in principle, yes (although it depends on who).
- Plus, you still need to contribute the authorized capital (at least 10,000 rubles), but there is a BUT. This money can be received back after registration, and besides, the authorized capital is very often contributed not with money, but with property for a given amount (office equipment, etc.).
- The procedure for registering an individual entrepreneur is a little simpler, but not significantly
- It will be easier to liquidate an individual entrepreneur (in the sense of closing it, not what you thought :) Although, is it worth thinking about this when you are just choosing what to open? But nonetheless.
- A very important point for me is that an individual entrepreneur has the opportunity to withdraw money from his current account without giving reasons (to the tax office or anyone else). In the case of an LLC, this all must be justified (the reason for withdrawing money must be indicated). You can withdraw without specifying a reason, but you will have to pay tax on it (nine percent). Although there are schemes that quite legally allow you to simplify these aspects.
Now let's turn the chessboard over and play for Black OOO. What kind of There are advantages to a limited liability company and what are the disadvantages of an individual entrepreneur:
- LLC can be sold, i.e. You can sell the business you have built if the need arises. Individual entrepreneurs cannot be sold, because the sale of people is prohibited by law, probably in all countries of the world. Again, this is probably not the most powerful argument at the stage of choosing a form of ownership, but it’s worth thinking about it in advance.
- In a limited liability company, you can shift all the burdens of running a business onto the shoulders of the director you appoint. You yourself can completely retire from business, but remain the full owner (founder of the LLC) and cut coupons from all this (the dream of many - agree :)). In the case of an individual entrepreneur, this is basically impossible, because you are the director, which means you will have to manage the business.
- LLC, unlike individual entrepreneurs, allows you to conduct joint business, i.e. have two or more founders (owners).
- Investors prefer LLCs, among other things, because they can be included there as co-founders. For example, the Miralinks, Gogetlinks, Telderi and a number of other exchanges are thriving thanks to the arrival of the same investor who became their co-owner. This benefits everyone. But investors are less willing to work with individual entrepreneurs.
- Well, according to tradition, at the end is the most lethal argument. In the event of force majeure (theft of goods or circulating amounts, fraud, errors, etc.), the limited liability company will be liable only with its authorized capital (ten thousand rubles, i.e. essentially nothing). Therefore, any obligations of the LLC end upon its liquidation. And in such cases of force majeure, the individual entrepreneur will be liable with all his property (apartment, car, dacha, bank accounts, etc.) until he covers the damage caused to the injured opponent of the business.
What is better to open - an LLC or an individual entrepreneur?
If your future business is associated with certain risks (you plan to take out large loans, invest decent money, carry out complex schemes, turn over large sums, etc.), then the best option will be LLC. In case of failure, from which no one is insured, you liquidate the company, shake off its ashes from your feet and move on (in the same direction or some other) unencumbered by anything (except pangs of conscience :)).
If your future business is related mainly to investing your own strength(and not funds) and at the same time its scheme is simple and no pitfalls are foreseen, then individual entrepreneurs will the best solution due to the fact that it is easier and cheaper to open, and it is also easier to keep records and easier to manage the money you earn. This is exactly my option.
Let me give you an example. The owner of an online store or online service needs open an LLC. In addition to removing financial responsibility, you essentially get into your hands a fairly convenient constructor where you can add something (co-founder, director, etc.), remove it and configure it. This constructor allows the business to scale perfectly, which may be needed very soon when starting an online business.
But the owner of the site (article book) just IP will be just right(according to Senka’s hat). There are not very many risks of “getting money” here, but the extra expenses and hassle associated with the LLC will be useless.
Let's summarize. Opening an individual entrepreneur is cheap and cheerful, but opening an LLC is far-sighted and ambitious. But it all depends on what exactly you plan to do. Try on the above-mentioned pros and cons for yourself, think and decide for yourself.
Is it necessary to open an individual entrepreneur or LLC for an online business?
Well, now is the time to talk about legal regulation making money on the Internet. I think there is no point in talking about offline, because there the state “has everything” and few people dare to play pranks (earn money without proper registration and taxation).
Another thing is the Internet. Supervisory authorities are just getting used to it and can basically only catch you in the hand when withdrawing money (to the bank). But it’s still very difficult for them to figure out where and how much you earned. Therefore the question is Do you need to open an individual entrepreneur or LLC if you earn money online?, remains open to many.
Of course, you will need my answer (because it would be dumb to advise otherwise), but you want to know all the pros and cons of legalizing your business online in order to make an informed choice. For example, if you are opening or already have an online store (or) - is it worth registering an individual entrepreneur or LLC for this business? Let's watch.
In general, an online store is one of the most popular schemes for doing business online, because it is initially understandable to everyone, even to those who have never earned money online. In theory, everything is simple here, which means there are a lot of people who want to try it in practice (sometimes in a simplified version). Therefore, let’s use the example of a store and consider the pros and cons of legalizing this type of activity.
Pros and cons of opening a legal entity or individual entrepreneur for an online store
So, first let's look at the arguments for not LLC, not individual entrepreneur for your network (in the sense of the Internet) business Don `t open:
- So far, tax (and other supervisory) authorities do not have effective tools to detect your online activities in order to link the online store you opened with you. How to prove that he is yours?
- They can only burn you offline (get through the phone number, email, postal address from which you sent the goods, through the bank where you withdrew money, etc.).
- Again, this is only if you attract attention, but this is unlikely, because no one really needs you (like that elusive Joe from the joke). Tax authorities simply do not yet have the resources and desire to dive into all this. Not yet...
Now let's talk about what could tip the scales in favor of registering an individual entrepreneur or LLC for your online business:
- OOO significantly simplifies the work. As I mentioned above, an online store (as opposed to an offline one) allows you to quickly achieve good turnover.
- And this will require you to switch to working with larger suppliers. But major suppliers for the most part, they will not work with individuals (it is inconvenient for them, and it is illegal from the point of view of the law). They need legal entities (at worst, individual entrepreneurs) as counterparties.
- In addition, you may be tempted (because it is not very expensive, but very convenient) to hand over all logistics (receiving orders, storing goods, sending them to the buyer) into the hands of some outsourcing company (read) in order to free yourself from routine. And again, they don’t work with “physicists”.
- As volumes grow, you may need to hire employees (this is possible with both an individual entrepreneur and an LLC) or even hire an executive director (only an LLC will allow this). Being an individual it will be extremely difficult to implement this, because not everyone will agree to work for you unofficially (essentially, underground).
- With more or less decent volumes, you will want to simplify and secure the acceptance of money. LLC and . When you encounter it, then you will understand how important such “little things” are (routine kills).
- Purely from a legal point of view, registration of an LLC or individual entrepreneur for an online store (and any other business that regularly brings you profit) is mandatory. In Russia, engaging in any entrepreneurial activity (systematic profit-making) without forming a legal entity or individual entrepreneur criminally punishable. This is a whip that stimulates many to move in the right direction. This law applies both offline and online.
- As a rule, many people are involved in business processes, and if something goes wrong for someone, and you If you lose money, then there is a chance to recover it(through court or pre-trial) will only be if you have officially registered your business (registered a legal entity or opened an individual entrepreneur). In this case, you work with everyone under contracts, which means you can collect and resolve everything quite simply.
- In Russia, probably lowest taxes(under a simplified taxation system, you will pay only 6% of income, which is comparable to the interest you pay to withdraw money from the network in a roundabout way) and a very pleasant space for business (you just pay everything on time and no questions arise).
Well, then it’s up to you to make a choice. There are many online business options and some of the arguments presented may not have much significance for them. Some types of earnings on the Internet are generally difficult to track, and the state can give you little to protect your interests (due to their specifics). However, now even large affiliates (redirecting traffic for their own benefit) are being legalized, i.e. They register an LLC and work at a different level.
In the case of an online store, especially if you decide that you are in this for the long haul, need to open an LLC(at least IP). The risks are too great, and it’s simply inconvenient to work “under the table.” This will relieve a lot of problems and also give a certain incentive for development (there will be a different mood, attitude to business). IMHO.
Good luck to you! See you soon on the pages of the blog site
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OOO. "Pros".
1. Liability for the obligations of the company is limited to the amount of the contribution, i.e. the founder risks only within the value of his contributions to the authorized capital of the company, without risking his personal property - Art. 3 Federal Law “On LLC” dated 08.02. 1998 No. 14-FZ.
2. A participant in a company has the right to leave the company at any time, regardless of the consent of its other participants or the company. A participant in a limited liability company has the right to leave the company by alienating (selling, transferring) to the company his share in its authorized capital. Such exit does not depend on the consent of its other participants or the company, if this is provided for by the charter of the company.
3. An LLC can be sold or bought. - Art. 21 Federal Law “On LLC”. Such a sale is possible on the basis of a notarized agreement and is carried out by purchasing shares in the authorized capital of the company.
4. An LLC can cover losses of previous years with profits of the current year, and thus reduce income tax. - Art. 283 of the Tax Code of the Russian Federation.
5. The LLC pays an insurance contribution to the Pension Fund, the amount of which depends on the profit received in the reporting period, that is, in the event of suspension or termination of activities and the absence of property on the balance sheet, the company does not pay any taxes.
6. Its director can represent the interests of an LLC on behalf of its participants. This does not require a notarized power of attorney.
OOO. "Minuses".
1. More complex registration procedure, in particular:
- a larger quantity is required upon registration
documents:
1) application for state registration signed by the applicant
legal entity when created according to form No. P11001;
2) the decision to create a legal entity in the form of a protocol,
agreement or other document;
3) constituent documents legal entity (originals or
notarized copies);
3*) extract from the register of foreign persons of the relevant country
origin or other equal in legal force
proof of the legal status of a foreign legal entity
person - founder, if any
4) payment document state duty, in the amount of 4000 rubles.
(see clause 1 of article 333.33 of the Tax Code of the Russian Federation).
2. The size of the authorized capital of the company must be at least one hundred times the minimum wage - clause 1, art. 14 Federal Law “On LLC”.
3. An LLC must have a bank account and a seal. – paragraph 4, 5, art. 2 Federal Law “On LLC”. And this, in turn, entails certain costs and additional actions.
4. Distribution of profits between participants at least once a quarter - Article 28 of the Federal Law “On LLC”, that is, you cannot immediately use the profits for your own purposes and must wait until a certain date for distribution of profits.
5. The LLC is required to maintain accounting records and submit financial statements. And to ensure proper maintenance and timely submission of reports, you will need an additional staff member - an accountant.
6. Fines for administrative offenses in the field entrepreneurial activity many times more for legal entities than for individual entrepreneurs - Ch. 14 Code of Administrative Offences.
7. LLC can operate both throughout Russia and abroad. But to do this, he needs to create branches or representative offices, make appropriate changes to the constituent documents and register each time for tax purposes at a new place of business.
When comparing the forms of activity of LLC and individual entrepreneur, a very important distinctive feature is revealed: in the form of LLC there is potential for the future growth of the company, which is not observed in the form of individual entrepreneur. Registering a company, in contrast to registering as an individual entrepreneur, provides more opportunities for business development and income growth for the founders in the form of a share of profits - with significantly less property and reputational risk.
One of the most common legal forms for organizing a small business is a limited liability company (LLC), which is created for the purpose of making a profit. It is no coincidence that most legal entities are created in this form. Although there are undeniable advantages, LLC has both advantages and disadvantages. Let's take a closer look at the LLC, its pros and cons.
Strong benefits
1. One of the most significant advantages is that the founders of an LLC are not liable for its obligations, but bear the risk of loss of property only within the limits of their contribution to the authorized capital.
2. An LLC is the most suitable option if several people start a business together. IN in this case their share in the authorized capital of the company will be proportional to their contributions.
3. If the founders have different views on the further development of the business, then any of the participants can leave the LLC at any time. In this case, he will be paid the actual value of the share or allocated property.
4. An LLC is a separate entity and can therefore be sold as a business.
5. During the first period of operation of an enterprise, it may incur losses. One of the advantages of LLCs compared to individual entrepreneurs is the ability to transfer them to future periods.
6. If we compare individual entrepreneurs and LLCs in terms of licensed types of activities, then the LLC has the opportunity to obtain some licenses that are not available to individual entrepreneurs.
7. If you do not intend to manage your business yourself, then the LLC form is preferable. A hired director can represent a company without a power of attorney, while an individual entrepreneur requires a power of attorney certified by a notary.
8. A small but nice fact: you can choose the name of your business yourself. LLC “Success” sounds much better than IP Glistoenkov.
Annoying disadvantages
1. An LLC will need its own office, at the location of which it will be registered, while an individual entrepreneur is registered at the place of residence.
2. Registration of an LLC is a more complex process; in particular, it will require much more more documents than for individual entrepreneurs. Closing a business is also much more difficult.
3. Provided minimum value The authorized capital is 10,000 rubles, and there have been discussions for a long time about increasing it.
4. An LLC must have its own seal, which is provided for by the Federal Law “On Limited Liability Companies”. In addition, the LLC will need to open a current account.
5. A small enterprise in the form of an LLC is required to prepare financial statements and keep records, which will cause additional costs for accounting services.
6. If fines are imposed, their amount for an LLC will be significantly higher than for an individual entrepreneur.
7. If equipment that you already have is used to conduct business, then it will need to be contributed to the authorized capital, leased or donated. And accordingly, if the equipment is owned by the enterprise, then you need to pay property tax on it (if used general system taxation).
Thus, analyzing the form of an LLC, its pros and cons, we can conclude that establishing an LLC is more troublesome and costly than registering an individual entrepreneur. However for further development There are many more business opportunities here. It is no coincidence that many companies that started out as individual entrepreneurs later reorganized into LLCs. In addition, as the business grows, its risks will also increase, and a limited liability company will allow them to be reduced.
