State and municipal enterprises. Municipal enterprise and its rights

In the general sense, an enterprise should be understood as a property complex that is used to conduct entrepreneurial activity. It includes all types material assets. These include, among other things, land plot, equipment, facilities, products, raw materials. This complex as a whole or any part of it can act as an object of lease, collateral, purchase and sale and other transactions. There are various organizational and legal forms of enterprises. Let's consider one of them.

Municipal enterprises and institutions and their owners

The owner of such organizations is the local government authority. He also manages municipal enterprises. The owner can direct his work in any way according to the law. The local authority has the ability to:

1. Create, reorganize, liquidate municipal enterprises and institutions.
2. Determine the subject and purpose of the work of these complexes.
3. Appoint managers.
4. Control the use and safety of material assets entrusted to enterprises.

Work specifics

The activities of municipal enterprises related to social services are outside the scope of traditional entrepreneurship and competition for attracting capital. Their functioning is complemented by the need to provide services to the population without the expectation of making a profit. A municipal utility company or other service complex can use market mechanisms and introduce experience in the administration of private companies. This has a beneficial effect on the operation of the complex and increases the efficiency of using the resources provided to it.

Legislative regulation

Taking into account the specifics of the operation of the complexes under consideration, regulations regulate the procedure for their creation. Thus, a municipal government enterprise directs most of its products, works or services to meet the needs of the Moscow Region. Such a complex produces goods at a set price to solve public problems.

A single price is assigned to categories of work and services. The municipal government enterprise receives subsidies from the state. In accordance with this, the purpose of its functioning is determined. In addition, complexes of this type in some cases conduct unprofitable production. Such regulation is established in Federal Law No. 161.

A municipal enterprise uses material assets, the privatization of which is not permitted. Its functioning is aimed at solving various social tasks. These include, among other things, the sale of services and goods at a minimum cost.

Some nuances

New municipal enterprises of a city or other locality are created quite rarely. There are currently not many objects whose privatization is prohibited by law. Moreover, their legal status is clearly regulated by regulations.

A municipal enterprise that is created to provide services or sell products at a minimum cost is quite difficult to exist without subsidies. In all cases, in fact, there is a non-profitable operation of the complexes. The organization of municipal enterprises, in this regard, is automatically tied to budget revenues. This, in turn, contradicts, in a certain sense, the provisions of the Civil Code. The Code, in particular, classifies a municipal enterprise as a commercial structure. It is difficult to imagine the work of such an association without profit. On the other hand, the Law “On Bankruptcy” establishes the obligation of the founder, in this case a municipal entity, to prevent the insolvency of the enterprise he created.

Expansion of the sphere

Considering the current economic situation, a number of experts believe that more conditions are needed for the formation of economic complexes. Municipal enterprises operate today in all sectors of the economy. They provide services, create jobs, and receive income that goes to the budget and their own development. However, many of them receive state and regional subsidies. In this regard, it is difficult to talk about any profitability of such enterprises. New conditions for their creation would allow:

1. Fill market niches. This is relevant in the absence of any specialized enterprise, insufficient activity of private investment, or the presence of increased or unsatisfied demand.
2. Eliminate monopolies of any manufacturer or product in the local market.
3. Quickly implement a profitable project.
4. Relieve tension in the labor market.

All these problems are present today in social sphere. In this area, the production process is determined not only by the desire to make a profit, but also by social utility, the interests of social justice, effective demand, etc. When creating a new municipal enterprise, it is necessary to take into account the presence of private companies on the market and the consequences of their work for the population. It is better to leave some services to these associations. Before establishing a municipal enterprise, local authorities should explore the opportunities that exist in the private sector.

Classification

The rights of municipal unitary enterprises are limited by law. Meanwhile, such complexes have a certain degree of independence both in the legal and economic sense. In accordance with this criterion, the following groups are distinguished:

1. Enterprises that have neither economic nor legal independence. They have their own administrative bodies. However, at their core, such complexes act as units of local administration. The expenses and income of such enterprises are integrated into the local budget. The functioning of the complexes is carried out in accordance with instructions received from local authorities. In a general sense, the municipality acts as one enterprise, while coordinating the work of its divisions.
2. Complexes with legal and economic independence. In this case, certain rights of municipal enterprises apply, however key decisions Messages related to work are accepted by the administration. The local budget shows only the results of their financial activities. The profits that such businesses make usually do not cover their expenses. This is due to the fact that local and regional authorities set appropriate prices for them. In particular, this applies to transport, communications, and housing and communal services. The sources of financing for enterprises are funds from the population (consumers), as well as revenues from the local budget. In industrial centers and large municipalities, such complexes can earn money on their own and use the profits to improve services to citizens.
3. Enterprises operating on a commercial basis. Such complexes are removed from the administration structure. They are transferred to trust management by specialists (managers). Enterprises sell goods according to market value. These include various construction, industrial, agricultural, commercial and other complexes. They have the right to carry out their work in the form of a joint-stock or other business company, which is established by local authorities. The latter owns a controlling stake valuable papers. These enterprises have freedom in their actions and have a specific legal status. They work for the needs of the mass consumer, including outside local markets.

Property of a municipal enterprise

A municipal entity (MO) can transfer the complex it has created to self-sufficiency, combining with this the provision of subsidies to consumers (a form of targeted support). In the process of transitioning to a commercial basis, increasing the volume paid services On the one hand, the border between municipal institutions and enterprises is being eliminated, and on the other hand, between the latter and private companies. However, despite a certain degree of freedom of action in relation to the created complex, the Ministry of Defense is obliged to comply with legislative requirements. They guarantee the rights of both the enterprise itself and its management.

The functioning of the complexes is carried out mainly on the basis of economic management. This right provides certain powers to the enterprise to use, own, dispose of material assets, any movable objects, finances, including at its own discretion. In addition, it can be rented, sold, exchanged, or pledged.

The exception is immovable objects. They are not subject to the right to dispose at their own discretion. To carry out a particular transaction, agreement with the owner is required. In practice, authority is transferred to the head of the enterprise. He single-handedly implements them. The relationship between the manager and the owner is regulated by labor legislation.

Obligations, opportunities, prohibitions

Intervention by the owner in the activities of a municipal enterprise, according to the Civil Code, outside the powers established for him, is considered illegal. The owner can withdraw only material assets that are not used for their intended purpose and dispose of them at his own discretion.

A municipal enterprise is liable for its obligations with all the property that belongs to it. The Moscow Region is liable only in the event of bankruptcy of the complex it created. No other obligations apply to it. In bankruptcy, subsidiary liability arises. The same rule applies when there is a shortage of property of a state-owned enterprise.

Industry problems

The legislation does not establish the obligation to conduct an independent audit for municipal enterprises, nor to create any supervisory structures within them. The lack of control functions of the Ministry of Defense often leads to a violation of financial discipline.

For example, cash municipal enterprises are sent to other companies to hide the resulting profits, deals begin to be concluded to satisfy the individual interests of management. In addition, biased or incomplete information about work is often provided, which, accordingly, does not allow preventing and suppressing illegal actions.

In some cases, the powers possessed by the owner do not allow not only to make demands on the managers of enterprises, but also to determine indicators of their economic efficiency (reporting or planned). TK, providing effective protection workers, at the same time significantly complicates the process of applying liability measures to them.

Sector reduction

It has long been discussed at the government level. Officials offer two options for liquidating municipal enterprises:

1. Alienation of non-core assets under the privatization law. Within this approach, the sale must be carried out without fail at any cost. We are talking, in particular, about holding an auction. If the first auction does not take place, then repeat auctions are scheduled. However, the starting price is not announced.
2. Conversion into a municipal institution with the right to earn money in excess of the established amount in the estimate.

Possible consequences

The sale of municipal enterprises can help reduce the inalienable minimum property that local authorities need to exercise their powers. In accordance with this, the MO may lose its status as an economic entity. This, in turn, will contradict the fundamental regulations local government.

Municipalities are required to have in order to implement their functions and solve socio-economic problems. In conditions market relations for local authorities this means not only the opportunity, but also the need to have at their disposal commercial structures, combining mandatory and voluntary powers.

Meanwhile, another aspect of eliminating municipal enterprises is important. These complexes bear the main social burden and help contain the increase in tariffs for vital services, receiving budget subsidies if necessary. However, a municipal enterprise operating as an economic entity can at any time be transferred to self-financing with the exclusion of remaining funding from the budget.

If you cancel tariff regulation, that is, to allow the provision of services to the population at a cost that includes at least average income, then this will become accessible to any complex. In this case, it will differ little from a private company in terms of the strength of motivation. And subsidies will be redirected directly to consumers.

State and municipal unitary enterprises (SUE), MUP). According to Art. 113 Civil Code of the Russian Federation and Art. 2 Federal Law of November 14, 2002 No. 161-FZ “On State and Municipal Unitary Enterprises”, a unitary enterprise is recognized as a commercial organization that is not vested with the right of ownership of the property assigned to it by the owner.

The property of a unitary enterprise belongs by right of ownership to the Russian Federation, a subject of the Russian Federation or a municipal entity, which act as founders through the relevant bodies. This is the main feature that distinguishes state unitary enterprises and municipal unitary enterprises from other commercial organizations - they are not the owners of the property assigned to them and subsequently acquired.

Only state and municipal enterprises can be created in the form of unitary enterprises. 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 the bodies state power RF For the management of federal property, the Federal Agency for the Management of Federal Property was created.

See Decree of the Government of the Russian Federation of December 3, 2004 No. 739 “On the powers of federal executive authorities to exercise the rights of the owner of the property of a federal state unitary enterprise.” or 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 municipality, the rights of the owner are exercised by local government bodies.

In total, the law on state unitary enterprises and municipal unitary enterprises provides for the possibility of creating the following types of unitary enterprises:

Unitary enterprises based on the right of economic management - federal state enterprise and a state enterprise of a constituent entity of the Russian Federation, 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).

In contrast to the previous legislation, which provided for the possibility of the existence of only federal state-owned enterprises, now in the Russian Federation state-owned enterprises can be created not only on the basis of federal property, but also on the property of constituent entities of the Russian Federation or municipalities.

Grounds for creating a state unitary enterprise, municipal unitary enterprise with the right of economic management.

The decision to establish a federal enterprise with the right of economic management (FSUE) is made by the Government of the Russian Federation or federal executive authorities. The decision to establish a state unitary enterprise of a constituent entity of the Russian Federation or a municipal unitary 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 (Article 8 of the Federal Law “On State and Municipal Unitary Enterprises”).

Grounds for creating a state unitary enterprise, municipal unitary enterprise with the right of operational management

A federal government enterprise is established by a decision of the Government of the Russian Federation. A state-owned enterprise of a constituent entity of the Russian Federation is established by a decision of a government body of a constituent entity of the Russian Federation, which, in accordance with the acts defining the status of this body, is granted the right to make such a decision. A municipal government enterprise is established by a decision of a local government body, which, in accordance with the acts defining the status of this body, is granted the right to make such a decision.

Another feature of unitary enterprises is that the property of this enterprise is indivisible and cannot be distributed among contributions (shares, shares), including among employees of the unitary enterprise. The third difference from other commercial organizations is that unitary enterprises can only engage in those types of activities that are specified in their charter in accordance with the list contained in Art. 8 Federal Law “On State and Municipal Unitary Enterprises”.

Thus, they have special legal capacity. The fourth difference: in such enterprises, the functions of the management body and the executive body belong exclusively to one person - the manager, the director. He is appointed by the owner, is accountable to him and bears responsibility to him for damage caused to the enterprise (Article 21 of the Federal Law “On State and Municipal Unitary Enterprises”).

The Civil Code of the Russian Federation establishes restrictions on the disposal of the property assigned to it by a unitary enterprise. According to paragraph 2 of Art. 295 of the Civil Code of the Russian Federation, an enterprise has no right to dispose of real estate without the consent of the owner. It disposes of the remaining property independently, except for cases established by law or other legal acts.

A unitary enterprise based on the right of operational management (Article 296 of the Civil Code of the Russian Federation) independently has the right to dispose only of the products it produces, unless otherwise established by law or other legal acts. He can dispose of all the property assigned to him (both movable and immovable) only with the consent of the owner of this property. Also in accordance with paragraph 2 of Art. 296 of the Civil Code of the Russian Federation, the owner has the right to seize excess, unused or misused property of a state-owned enterprise and dispose of it at his own discretion.

However, by granting such broad rights to the owner of a state-owned enterprise, the legislator also places more serious responsibility on him. According to Art. 115 of the Civil Code of the Russian Federation, for all obligations of a state-owned enterprise, if there is insufficient property, the owner bears subsidiary liability. The owner is liable for the obligations of the enterprise under the right of economic management only if the insolvency (bankruptcy) of the enterprise arose on the grounds provided for in paragraph 3 of Art. 56 Civil Code of the Russian Federation.

A municipal unitary enterprise is entity a commercial entity that owns property but does not have the right to dispose of it at its own discretion.

This prohibition also applies to the profit he makes. In fact, everything is owned by the state that allocated the initial capital. The organization uses the provided property.

MUP - abbreviation decoding

The frequently used abbreviation MUP stands for “municipal unitary enterprise.”

The term contains the understanding that the actual right to dispose of the organization’s movable property is vested in the municipality. Unitarity implies a ban on dividing property into separate shares and privatization.

State and municipal unitary enterprises table

Of course, state and municipal unitary organizations have a number of differences. They are shown in their most complete format in the table below.

Law on state and municipal unitary enterprises

The legislator regulates the activities of these organizations in:

• Civil Code of the Russian Federation (Articles 113-115);
• N 161-FZ of November 14, 2002 “On state and municipal enterprises”;
• Statutory documents of the organization.

According to the listed norms, these organizations are granted all the rights of legal entities. At the same time, they are limited in certain manifestations of commodity-market relations. They are briefly outlined below in this article.

Characteristics of CBM

We have collected the most important features of these organizations.

Owner

These organizations are formed as a result of the allocation of a property share by the owner - a municipal entity or the state.

The creation of these organizations is aimed at satisfying any need or fulfilling the tasks of the state. In the course of its activities, the organization has the right to make a profit. This is usually done by renting out empty buildings or rooms, providing some kind of service, or carrying out production.

The owner of the property rights of the organization as an owner. management and the organization itself are separate from each other. The owner of a property right can be held responsible for the debts of an organization only if his actions led to the formation of debts. The organization itself is not responsible for the debts of the founders.

Authorized capital

Size authorized capital established by the organization's charter. Its level must not be set below the minimum wages multiplied by 1000.

Number of participants

A distinctive feature is that these organizations do not officially have participants. They only have membership.

Organizational and legal form of MUP

There are two organizational and legal forms of MUP:

• as operational management;
• on the rights of economic management (state-owned).

Belonging to a certain form is recognized on the basis of the right to dispose of the allocated property owner.

In the first form, the manager disposes of movable property at his own discretion; in the second, he uses this right only with the approval of the authorities.

A unitary type organization is not given the right to transfer parts of its property to create other legal entities and subsidiaries. It is worth noting:

Organizations of this type are at the same time capable of acquiring new property rights and being brought to court.

They have their own separate independent account.

The difference between MBU and MUP

Municipal unitary enterprises are created, according to their charters, for commercial purposes.

In contrast, a budget organization does not have a commercial orientation. They exist only due to the budget allocated to them and are never created on a commercial basis.

This type of organization in Russia is characterized by increased stability in the face of various crises and the collapse of commodity-market relations. This is caused by the virtual absence of competition from other market entities, since their areas of activity are specific. The state exercises constant supervision over its institutions and, if necessary, provides them with support. The institutions themselves demonstrate stability in the remuneration of their members. This

legal status

differentiates them favorably and attracts new labor force.Municipal unitary enterprises examples

An example of a traditional municipal unitary enterprise is the municipal unitary enterprise

"Narofominsk Trolleybus", Municipal Unitary Enterprise "Settlement Center for Housing and Public Utilities". Conclusion These institutions have low economic efficiency a-priory. For each

economic period They are given clear instructions from above. They often experience stagnation in the development of members, since the level of remuneration remains unchanged throughout

for long years

. This leads to a lack of interest among members in development. Theft of government property is common, and all conditions for bureaucratic violations quickly flourish. A significant part of resource supply organizations and other important participants in the housing and communal services market operate in the form of municipal unitary enterprises. In the article we will talk about the general characteristics and features of these legal entities, their varieties and governing regulations. It will be useful for readers to learn about how municipal unitary enterprises manage their property and income, as well as what restrictions the legislation imposes on their activities. determines the possibility of creating unitary enterprises at three levels - federal, regional and municipal. UE – legal entities with special organizational form. The most common are municipal unitary enterprises created and operating with the participation of local government.

General characteristics of the organizational form

State unitary enterprises belong to budgetary organizations, and at the same time, according to the law, they can conduct commercial activities. If we talk about municipal unitary enterprises, they are created at the municipal level and deal with meeting their needs. Such organizations can manufacture some products. However, most often enterprises are engaged in providing services and carrying out work in various fields: transport, road, housing and others. They usually do this under an agreement with the local administration.

Municipal unitary enterprises do not have owner rights to the property that is assigned to them. Such an enterprise is called unitary because its property complex remains indivisible, it is not divided into shares, shares and other variants of shares. This applies to both employees of the organization and third parties. None of them can count on even partial ownership of the MUP property.

At the same time, such enterprises are separate entities economic activity. They can enter into relationships with government authorities and commercial counterparties to solve their main problems. At the same time, municipal unitary enterprises use the property entrusted to them and strive to make a profit.

Let's list the main features municipal unitary enterprises:

• , which is prohibited from privatization;
• work is related to solving social problems. Such businesses are often in the business of providing essential goods and services at the lowest cost;
• performing certain types of subsidized work and conducting obviously unprofitable production activities while receiving budget support.

Categories of subjects and types of activities

Civil Code in Art. 113 determines that unitary enterprises can be based on:

• the right of economic management (municipal unitary enterprise, state unitary enterprise);
• the right of operational management – ​​state-owned enterprises (PCU).

In the first case, a legal entity is created by a decision of an authorized body at the state or local level. It operates on the basis of the charter.

State-owned enterprises are created on the basis of federal, regional or municipal property. A charter is also adopted for them. PMCs can dispose of property only with special permission from the owner. The name of such an enterprise must contain the word “state-owned”. If there is a shortage of property, the state is responsible for the obligations of the PMCs.

Municipal unitary enterprises, under an agreement with the city administration, provide its residents with various essential services, for example, in housing, utilities and transport. MUPs can also engage road construction, school meals, landscaping and gardening and other activities.

Property in MUP

Unitary enterprises at any level, including municipal ones, according to the charter, cannot be recognized as the owners of the property at their disposal. The owner in this case remains the municipality. Any actions with property, including its sale and rental, are carried out only with the approval of the local government authority. MUPs are also prohibited from creating subsidiaries, since their property remains indivisible.

At the same time, these enterprises can make capital investments commercial companies, unless prohibited by the charter and local laws. The profit from such investments is taken into account in the financial statements of the municipal unitary enterprise.

If a unitary enterprise receives income, then within certain limits it can dispose of it at its own discretion. It is from these funds that wages are paid to the management and employees of the organization.

Regulatory regulation

The legal framework for activities consists of the following main regulations:

• Civil Code (Article 113 and 114). Here, MUPs are generally characterized and described general rules their work;
• No. 161-FZ. Describes more specifically the activities of enterprises and the rules applicable to them;
• No. 44-FZ. Determines the rules for the procurement of municipal unitary products and the ordering of services for the needs of the municipality.

Receiving a profit

Maintaining municipal ownership of the property with which enterprises operate does not mean that the budget will fully pay for their expenses and current activities. Municipal unitary enterprises try to make a profit. It is an important source of funding. State in last years actively stimulates unitary enterprises to make a profit, and due to problems with its extraction, is considering the option of completely abandoning this form in favor of concessions and other alternative schemes.

The income of municipal unitary enterprises is also important because it is a source of non-tax revenue for the budget. Unitary enterprises make deductions every year based on the amount of funds they earn. The timing, amounts and procedure for such payments are determined by the federal government or local authorities. The funds remaining in the enterprise from the revenue side are used for material incentives for employees and managers, holding social events and other purposes.

Partially earned funds can be used to replenish the authorized capital of a municipal unitary enterprise. This is done by a special decision of its founder.

Restrictions

When describing the features of municipal unitary enterprises, we have already partially indicated what the restrictions imposed on their work are. The main prohibition concerns the free disposal of property that is indivisible. Any actions of municipal unitary enterprises with it are carried out only with the consent of the owners. If an enterprise sells a share in the authorized capital to someone without the permission of the municipality, then the court will invalidate such a transaction.

In relation to municipal unitary enterprises there is also a restriction on the creation subsidiaries. Unitary enterprises cannot act as founders of other organizations and transfer part of their property to them. The tangible assets under their control can only be used as a single block transferred by the owner. This rule makes it possible to prevent special property, with the help of which socially important tasks are solved, from getting out of control.

Finance in MUP

The minimum amount of authorized capital formed when creating a municipal unitary enterprise is 1,000 minimum wages. The management company is the financial basis for the work of the municipal unitary enterprise. It is he who speaks about the effectiveness of ongoing activities.

Profit of a unitary enterprise after mandatory payments to the budget and fulfillment of obligations to its own employees may be allocated for the following purposes:

• equipment purchase;
• introduction of new technologies;
• implementation of environmental protection measures;
• increasing the size of current assets;
• construction, reconstruction and modernization of fixed assets;
• research and marketing work.

An enterprise is an autonomous business entity that is established and operates on the basis of existing national legislation to produce products, provide services and perform work.

The two main goals of its functioning are to satisfy emerging needs and make a profit. One of the forms of activity is a municipal enterprise. Its main features will be discussed in this article.

Categories of economic entities

According to the Civil Code of the Russian Federation, there are actually three large groups commercial organizations:

1. Economic company, or partnership.
2. Production cooperative.
3. Unitary state or municipal enterprise.

The first group includes the largest number of subcategories:

• Complete society.
• Limited partnership.
• Company with additional liability.
• OJSC and CJSC.

A cooperative is an association of citizens on a voluntary basis for joint economic activities. Each member personally participates in the work and makes a share contribution. All participants in this organization bear joint responsibility. This means that profits are distributed in proportion to labor input. When a production cooperative is liquidated, all remaining property is distributed among employees according to a similar principle.

State and municipal enterprise: main features

The last category includes unitary business entities. A municipal enterprise is a special type commercial organization, in which ownership of property is not assigned to an individual. Therefore, such a subject of economic activity is called unitary. Its property is not distributed into shares and shares, including among people who work on it. According to the Civil Code of the Russian Federation, a municipal enterprise is always unitary. Moreover, this form is typical exclusively for similar business entities created by state or local government bodies.

Non-profit organizations

In addition to the listed business entities aimed at profit, Russian legislation Voluntary civil associations can be created. The state can also establish them. The following main types of non-profit associations are distinguished:

1. Consumer cooperative.
2. Religious or social organization.
3. Fund.
4. An institution, including a municipal one.
5. Association or union.

Thus, a municipal institution and a municipal enterprise are the two main ways in which the state can carry out economic activity. What it is correctly called depends on whether it makes a profit and for what purposes it was created.

Forms of municipal enterprises

All unitary economic entities are usually divided into two types. All government agencies can be classified as one of them.

The first includes enterprises with the right of economic management. This means that he has the legal opportunity to own, use and dispose of property within the limits established by law. This state of affairs is more preferable, since in this case you can independently determine your strategy and set goals and daily tasks that correspond to it.

A municipal unitary enterprise with the right of operational management is much more dependent on the state. It can own, use and dispose of all property, but only within predetermined limits. defines its goals and objectives, which are not subject to change. This species has much less independence in management.

Creation process and work

The municipal unitary enterprise begins operations by decision government agency. The Government of the Russian Federation can also create on the basis of property in its ownership. The founding document is the charter. A state or municipal body is liable if the property of the enterprise it created is insufficient. The head is fully accountable to the Government of the Russian Federation represented by its authorized bodies.

Basic provisions

According to Article 52 of the Civil Code of the Russian Federation, a unitary enterprise is a business entity that is not endowed with the right of ownership of the property registered with it. Its charter must necessarily include two points:

• Subject and purpose of the activity.
• The size of the authorized capital and sources of its financing.

The company name must necessarily contain an indication of state ownership. For obligations, a unitary enterprise is liable with all its property, but cannot act as a pledge or become insolvent as a result of the bankruptcy of its owner. In the Russian Federation there is a special Federal Law that describes just such business entities.

Opportunities for operational and complete management

Any municipal enterprise is created on the basis of a decision of a local government body. It is they who approve its charter. The size of the fund of a unitary enterprise with the right of economic management must be fully funded before its registration. If the size of net assets at the end of the year turns out to be less than the authorized capital, then the authorized body is obliged to monitor this situation and reduce it. Notification of changes in the value of the fund is sent to all creditors who may require the enterprise to fulfill its obligations ahead of schedule. The owner is not liable for obligations, except for the cases described in Article 56 of the Civil Code of the Russian Federation.

Unitary enterprises with the right of operational management are created by government decision. Federal property is assigned to them as their property. The founding document is also the charter. The main difference is that if there is insufficient property, the state is liable for its obligations. Accordingly, reorganization and liquidation are carried out only by decision of the Government of the Russian Federation.