Any enterprise, even if it is an individual private entrepreneur, arises as a result of a decision on its establishment, which is made by a group of individuals or legal entities or an individual in the singular. These individuals and legal entities are the owners of this enterprise and are considered its founders. Their composition does not change, since only they stood at the origins of the economic activity of this company.
Obligations of founders
It is not enough to make a decision on the establishment of an enterprise. The law establishes the rights and obligations of founders in relation to their offspring. All responsibility and risks associated not only with the creation, but also with the further activities of the enterprise, as well as with its reorganization and liquidation, fall on their shoulders. The compensation for this is the profit distributed among the founders.
The responsibility of the founder or co-founders is to develop the Charter of the new enterprise and the formation of the authorized capital. It is formed at the expense of property or monetary shares invested by the founders. The share in the authorized capital belonging to each of the founders is indicated in the Charter of the enterprise and in other constituent documents.
The founders determine the type of ownership and type of activity, find the legal address at which the company will be registered, as well as the place where the production facilities will be located. They must complete all the documents required to register the legal entity to be created and submit them to the tax office. These documents are the basis for registering and entering the enterprise into the Unified State Register of Legal Entities, on the basis of the extract from which the bank opens a current account, without which the activity of the enterprise is simply impossible.
The founders, represented by the elected or appointed manager, are engaged in the production of seals and other corporate documents, the contribution of the authorized capital to the bank account. Their responsibilities also include staffing, search and selection of candidates for available vacancies.
Who can be the founder
If the founder is an individual, he can be a citizen of the Russian Federation, and a foreign citizen - a non-resident, and even a person who does not have citizenship at all. If there are legal entities among the founders, they can also be enterprises registered in accordance with the legislation of the Russian Federation or foreign organizations created in accordance with the legislation of their country, as well as branches registered in the territory of the Russian Federation.
Individuals who want to be founders are subject to additional requirements: they must not have an unexpunged criminal record, they must be legally capable and of age. All citizen founders must have documents proving their identity and legal capacity, and legal entities must have confirmation of their legal status and legal capacity.
