Profit is the goal of any commercial organization, which is currently most often created in the form of a limited liability company (LLC). The procedure for the activities of the LLC and the process of distribution of the profits obtained are regulated by the Federal Law "On Limited Liability Companies".
Instructions
Step 1
In order to distribute the company's profits, it is necessary to hold a general meeting of participants. It can take place once a year, half a year, or a quarter. The general meeting of members of the LLC decides on the determination of the part of the profit to be distributed among the private owners of the company in proportion to their shares. At the same time, it solves two questions: about the distribution of all received profit and about the distribution of that part of the profit that will be directed to payment to participants.
Step 2
The decision on the distribution of the company's profits is made by a majority vote of the total number of votes of the meeting participants. If a decision on the distribution of profits cannot be made due to the absence of a quorum or if the participants have not reached an agreement on the issue under consideration, the general meeting cannot be obliged to make a decision on the distribution of profits.
Step 3
So, the profit of a limited liability company is distributed in proportion to the share of each participant in the capital of the enterprise. The charter, when creating a company, may provide for a different procedure for the distribution of profits. But it must necessarily be approved by the decision of the general meeting of participants unanimously. Changes to the established procedure must also be carried out with the consent of all members of the LLC.
Step 4
As for the period of payment of the profit distributed between the participants, it should not exceed 60 days from the date of the decision. If the term for the payment of profit is not stipulated by the charter or the general meeting of participants, then it is assumed to be equal to 60 days.
Step 5
If, within the specified period, the participant has not received the share of the profit due to him, then he has the right, within three years from the moment of its expiration, to apply to the company for payment of the due profit. The charter of the company may establish a different period for the presentation of this requirement, it should not exceed 5 years. If within the specified period the participant has not applied with a claim for payment, the profit is restored as part of the retained earnings of the company.
