According to Russian law, the founder is an individual (legal) person who creates (establishes) a company, organization or company. He is the full owner of his organization, manages its activities and makes all important decisions. The founder of the company may be one or more people.
Meaning of the word "founder"
Individuals (legal entities) who have decided to create a new company will in future act as its owners. In most cases, companies are incorporated by several persons — by each of them contributing a share of their own funds to the organization’s authorized capital.
If an individual decides to create an organization alone, then it will be its sole owner. Often people do not know the meaning of the word "founder" well, identifying it 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 in which the owner indicated.
The founder is a person creating a company from scratch. The director must skillfully manage this company, 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 must be entered into the Unified State Register of Legal Entities (Unified State Register of Legal Entities).
Founder LLC
A limited liability company is an organization created by one or several individuals (legal entities). CSS (authorized capital) of the company is divided into certain shares. The participants of the organization bear the risk of possible losses within the volume of their shares. An LLC may be established by both residents and non-residents. The number of founders should be less than 50.
Each participant in a limited liability company is obliged to promptly contribute to the charter capital the size of the share determined by the agreement on establishment. The founders of the LLC quarterly or once a year make a profit in the form of dividends in the amount proportional to the share of funds contributed by them to the Criminal Code. The amount of dividends is determined by the management body of the company, which is appointed by its owners. LLC participants are jointly and severally liable for its obligations.
Can an LLC belong to one owner?
The legislative acts define the founder of a limited liability company. It 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 sole founder of an LLC Acts as director of the company. This alignment of affairs does not lead to anything good. The founder saves on staff by putting the pile of responsibilities on his shoulders. In limited liability companies it is not so easy to ideally organize the work of personnel and monitor the activities of the organization. For these purposes, and introduced the position of director. It is he who directs the company, expands its capabilities and submits to the founder reports on the work done. Thus, the owner can correctly coordinate the work of the company or set new courses of its activity.
Founders of ODO
A company with additional responsibility is a business organization created by individuals or legal entities. UK ODO is divided into shares indicated in the constituent documents. Its participants bear subsidiary liability for obligations. A ODO may have one or several founders. In the second case, their number should not be more than 50.
The main documents of the ODL are the memorandum of association, the Charter. The minimum UK is 10 thousand rubles. In ODO, the founder is the owner of the company. He appoints the highest governing bodies, which decide all the important issues in society. ODO and LLC differ in that the founders of the first are liable 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 responsibility in the Russian Federation are rarely created.
Features of AO
In a joint-stock company, the founder is the owner of the created company. He is often confused with a shareholder who actually only owns a stake in the company. 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 5-7 people, the number of shareholders is not limited. The founders of the joint-stock company appoint a Board of Directors, manage the activities of the company and make important decisions. In the joint-stock company, it is the owners who receive the bulk of the profit, but they risk losing not only the equity, but also personal property in the event of bankruptcy of the company.