The founder is the creator, the owner of the company. Founders of LLC, ODL and JSC
According to Russian legislation, the founderIs a physical (legal) person who creates (establishes) a company, organization or firm. He is a full-fledged owner of his organization, manages its activities and takes all important decisions. The founder of the company may be one or more people.
The meaning of the word "founder"
Physical (legal) decision-makerscreate a new company, in the future will act as its owners. In most cases, companies are established by several persons - by making each of them a share of own funds in the statutory fund of the organization.
If an individual decides to createorganization, it will be its sole owner. Often people do not well know the meaning of the word "founder", identifying him with the director. In fact, these are completely different concepts. The main function of the director of the company is the organization of its activities in the direction indicated by the owner.
The founder is the person who creates the firm from scratch. The director must skillfully manage this firm, properly organize and expand its activities. As a rule, he does not have ownership of the company, unless he is one of its founders. Information on the owners of each legal entity is compulsorily entered in the Unified State Register of Legal Entities.
Limited Liability Company -an organization created by one or more physical (legal) persons. CSS (authorized capital) of the company is divided into certain shares. Participants of the organization bear the risk of possible losses within the limits of the amount contributed by them. The LLC can be established both by residents and non-residents. The number of founders must be less than 50.
Each participant in a limited companythe responsibility is obliged to timely make in the authorized capital the amount of the share determined by the contract of establishment. The founders of the LLC quarterly or once a year receive a profit in the form of dividends in the amount proportional to the portion of cash contributed by them in the Criminal Code. The amount of dividends is determined by the management body of the company, which is appointed by its owners. The members of the LLC are jointly and severally liable for its obligations.
Can an LLC belong to one owner?
The legislative acts definefounder of a limited liability company. They can be either one person (physical or legal) or several. But in practice, limited liability companies are created by at least 2 persons.
Often the only founder of LLCperforms the functions of the director of the firm. This situation does not lead to anything good. The founder saves on staff, charging a pile of duties on his shoulders. In limited liability companies it is not so easy to organize the work of the staff and control the organization's activities. For these purposes, the post of director is introduced. It is he who manages the firm, expands its capabilities and presents reports on the work done to the founder. Thus, the owner can properly coordinate the work of the firm or set new courses for its activities.
The company with additional responsibility iseconomic organization created by individuals or legal entities. CC ODO is divided into the shares indicated in the constituent documents. Its participants are responsible for the subsidiary nature of the obligations. The ODL may have one or more founders. In the second case, their number should not be more than 50.
The main documents of the ODL are the constituentcontract, Charter. The minimum authorized capital is 10 thousand rubles. In the ODL the founder is the owner of the firm. He appoints the highest administrative bodies, which solve all important issues in society. ODL and LLC are distinguished by the fact that the founders of the former are responsible for the obligations of the organization not only within the Criminal Code, but also dispose of additional funds determined by the Charter. In practice, companies with additional responsibilities in the Russian Federation are rarely created.
Features of AO
In a joint-stock company, the founder is the ownerestablished company. He is often confused with a shareholder, who in fact only owns a shareholding in the firm. AO is created by the founders, and shareholders appear in it to attract additional capital. For these purposes, the owners of the joint-stock company issue securities - shares.
The number of founders in AO is usually 5-7people, the number of shareholders is not limited. The founders in the joint-stock company appoint the Board of Directors, manage the firm's activities and make important decisions. In JSC, it is the owners who receive the bulk of the profits, but they also risk losing not only the US, but personal property in the event of bankruptcy of the company.