Types of business Introduction

Dt = T1Tso1 T2Tso2 + + ... + ToTson

The entrepreneur's cash receipts are made up of the proceeds for the goods sold.

Cash proceeds from the sale of goods are established by multiplying the volume of sales at a given point in time ( Tv ) in physical terms (pieces, kilograms, square meters, etc.) by the selling price of a unit of goods ( Tso ) - If the goods are sold in (n) lots, then:

Dv = T1Ts1 + T1Ts2 + ... + TnTsn

For the normal financial support of commercial entrepreneurship during the entire period of the transaction, revenue must exceed costs, that is, the amount of receipts must exceed the amount of costs. If the entrepreneur's funds are not enough for proactive purchase of goods, he is forced to resort to a loan, and in some situations, to a pledge.

As a result of the completion of a commercial transaction, the entrepreneur should receive a gross profit.

As already mentioned above, the residual profit is equal to the gross profit minus the remaining interest on the loan, the amount of the loan, taxes, deductions, and other inevitable payments from the profit. When calculating the amount of taxes, you should take into account the higher rates of deductions from profits from intermediary activities.

Export-import transactions represent a special object of commercial entrepreneurship. However, the main provisions expressed also apply to transactions of an export-import nature, during which goods are purchased in one country and sold in another. When extending the above scheme of commercial entrepreneurship to international transactions, it is necessary to modify the scheme as follows:

- calculate costs, expenses, revenue in the currency of the respective country with their subsequent consolidation when calculating profit in a single currency, using exchange rates or exchange rates:

- calculate the costs of purchasing goods and proceeds from their sale in the prices of the respective country;

- take into account taxes on export and import, on sale, foreign exchange deductions, duties for the transport of goods across the border;

- calculate additional costs for transport and special types of services;

take into account the limited possibilities of exchanging rubles for currency, import and export of currency, the country's restrictions on the import and export of certain goods, the need to settle payments for goods and services in a certain currency.

1.4 Financial entrepreneurship

 

Among the special types of commercial entrepreneurship is financial (financial and credit), where the object of purchase and sale is a very specific product - money, currency, securities. In the conditions of this type of entrepreneurship, money and securities serve as the main object of commodity-money relations, converting them into monetary, monetary and monetary. In fact, we are dealing with the sale of some money for others in direct or indirect form.

Not so far gone into the past years, when financial entrepreneurship was completely monopolized by state bodies, and its implementation by citizens or collectives was considered a particularly dangerous crime. But times are changing. The market for money, currency, securities acquired the right to exist, and commercial banks, stock exchanges, enterprises, organizations and even individual citizens-entrepreneurs are gradually becoming active agents of this market . The admissibility of transactions with securities by citizens is enshrined in Uzbekistan legislation. The general scheme of a financial transaction is as follows.

As in other types of commercial activity, the transaction should be preceded by an analysis of the securities market and marketing activities related to the search, identification and attraction of potential buyers of money, currency, securities, that is, future clientele. Over time, such activities will be carried out by stock exchanges, which will become, perhaps, the main centers of financial entrepreneurship.

Simultaneously with the identification of a potential buyer of money, currency; financial entrepreneur determines the source of their receipt. The primary owner of the "financial product" can be the entrepreneur himself if he has accumulated money, currency, and securities in advance. In this relatively rare case for our conditions, the entrepreneur acts as a seller of securities or a usurer who lends securities (money, currency, etc.) to the consumer for a certain fee or at a certain percentage.

An entrepreneur can act as a producer of securities when an entrepreneur officially, in a legal manner, "issues" or, more precisely, issues such securities as his own shares, bonds, credit notes, commercial securities (monetary obligations, bills of exchange). The entrepreneur sells these securities, places them under certain conditions and obligations as a "financial commodity", which is the essence of his entrepreneurial activity. This form of financial entrepreneurship is suitable mainly for business entrepreneurs, not individual citizens. In the future, it may become widespread in our country, where now this form is still only being grafted and constrained by the current rules and regulations.

A more typical type of financial transaction is that the entrepreneur himself acts as the primary buyer. By buying money, currency, securities, and then selling them to another buyer at a higher price, the entrepreneur receives benefits (income, profit). If an entrepreneur does not have cash to buy securities, he either makes a purchase on credit, or turns to bankers - owners of free credit funds in order to get from them a loan (on credit) the amount of money he lacks to buy securities. Subsequently, the entrepreneur will have to repay the debt in an amount exceeding the loan by the amount of the loan interest. So, in essence, an additional relatively independent financial transaction arises between a financial entrepreneur and the owner of free credit funds.

Financial entrepreneurship requires information from a number of sources. This is information about potential buyers of money, currency, securities, about exchange rates, about the credit interest, about the conditions for carrying out financial and credit transactions and the procedure for their registration, about the sources of resources needed by the entrepreneur. If the entrepreneur himself does not have such information, he is forced to receive it from an external source and pay a monetary reward for this.

In the case when a financial entrepreneur does not have his own office premises, office equipment, computer and organizational equipment necessary for conducting and processing financial transactions, he has to rent them for a certain period and pay rent for this.

In the course of financial entrepreneurship, one has to resort to the services of third-party organizations and intermediaries, who are often themselves entrepreneurs engaged in intermediary activities. We are talking about obtaining transport, audit, legal services, without which almost no financial transaction takes place. In conditions when the entrepreneur himself does not have his own internal capabilities to service the transaction or it is simply more profitable for him to resort to external assistance, he purchases services.

Like other types of entrepreneurship, financial transactions usually require both the involvement of a number of categories of employees from the outside, and the hiring of permanent employees. Such workers are lawyers, economists, accountants, brokers, dealers, brokers, messengers, advertising workers. They become either hired employees or third parties who provide services to the entrepreneur for a fee. If a financial entrepreneur creates his own organization, becomes an official legal entity and includes the above employees in his state, then they can become participants in entrepreneurial activity - agents of collective entrepreneurship.

The main, final part of a financial transaction is the sale of money, currency, securities to the buyer, represented by the end consumer, or another entrepreneur engaged in resale (further sale). As a result, the entrepreneur receives cash proceeds, which should be sufficient to cover all expenses and make a profit.

In the simplest financial and credit transaction, when an entrepreneur provides the consumer with his money, currency, securities in debt, on credit, then the contract, agreement on the transaction provides that the amount returned after a certain period will be more than the amount provided by a certain percentage.

Note that the final part of the transaction, during which direct financial relations arise between the entrepreneur and the buyer, needs increased attention and careful design. Especially if the cash proceeds come to the entrepreneur from the buyer a long time after the transfer to the latter of the money, currency, securities he is acquiring. It is necessary to carefully verify the financial solvency of the buyer, establish a possible collateral, determine the guarantor willing to spoil for the buyer, since too often debtors turn out to be insolvent. It is also necessary to take into account the inflationary processes taking place in the country. Like any other type of entrepreneurial activity, financial entrepreneurship is taxed, and the entrepreneur is obliged to deduct a certain share of the profit (income) to the state and local budgets in the form of cash deductions and tax payments.

Thus, the financial transaction largely repeats the production and commercial, its peculiarity is in the product.

 

1.5 Mediation

 

Another type of entrepreneurship is mediation. This rather specific type of business is closely related to others, is an integral part of production, trade, financial entrepreneurship, so it is quite permissible to talk about mediation in the production, trade and commercial, financial and credit spheres.

Mediation as a type of entrepreneurship, business is characterized primarily by the fact that the intermediary does not directly produce products, does not trade in goods, currency, securities, does not lend money, but contributes to the implementation of all these operations and the conclusion of relevant transactions. The mediator most often stands between the manufacturer, seller of the goods, on the one hand, and the buyer, consumer, on the other, connecting them into a single chain of business transactions.

An entrepreneur, coming into contact with manufacturers, owners of goods and services needed by consumers, receives information from them about the availability of these goods and the conditions for their sale. For obtaining such information, which is a factor in intermediary entrepreneurship, the entrepreneur pays money to Df . It should be noted, however, that since the seller of the goods is interested in selling them, it is likely that he will not take a fee from the intermediary for information about his goods.

Having received information AND from the seller, the intermediary informs it to the buyer, finding out at the same time the intention of the potential buyer to purchase the offered goods, that is, he received counter information I. For receiving such information from the buyer, which is a factor in intermediary business, the buyer has the right to demand money from the intermediary Df . However, since the buyer is interested in purchasing the product, he is unlikely to demand such a fee.

Next, the entrepreneur informs the seller about information AND about the desires and intentions of the buyer. The circle is closed. Now both the seller and the buyer have mutual information, information sufficient to conclude a sale and purchase transaction.

If the sale and purchase took place, then the intermediary has the right to receive a monetary reward Dt from both the seller and the buyer. However, if the transaction did not even take place, the intermediary has the right to demand money Dt from both parties for providing each party with information I.

This, of course, the entrepreneur requests from buyers and sellers of information worth DR . more than the amount Df , which he himself may have paid for the information. So in this situation, an entrepreneur becomes a merchant who resells information about the sale and purchase of goods to both interested parties.

In the Uzbekistan economic environment, mediation is often condemned as unnecessary. The mediator is considered a “third-party”. Mediation itself is branded with the infamous word “pandering”, although there is nothing reprehensible about pandering. Meanwhile, in the world of business one cannot do without intermediaries, they speed up and facilitate not only the processes of buying and selling, but also the economic processes of circulation of goods, services, money in general.

The provision of information is legitimately considered a service. From this perspective, mediation can be classified as a service business. Provision of a service to two interested parties in this case consists in satisfying their mutual desire to enter into contact, which they cannot, cannot do without an intermediary.

Usually, an intermediary is a broker, broker, sales agent, or just a side party to the transaction, contributing to linking, interconnecting individual links, connecting persons who are somehow involved in a given business transaction. Intermediary activity is widespread in many areas; an intermediary is equally successful in connecting not only a buyer with a seller, but also a bride with a groom, an employer and an employee, a briber with a bribe taker.

Mediation as a type of business attracts by the fact that it is not necessary to communicate with products, goods, money, currency, but only with people who deal with all these values, possess them directly. An intermediary businessman receives his share of the profit not as a result of his sales and purchase transactions, but for the fact that he has found and brought together the right people, thereby performing intermediary services. Undoubtedly, the activity of an intermediary is of an auxiliary, auxiliary character, but it largely contributes to the acceleration and successful conduct of business transactions.

Quite a few try to be intermediaries in business, but not all succeed. It is necessary to have a high level of sociability, to be continuously connected with the channels of information flow, to understand who should or should not be connected with, and to restore broken connections in a mobile manner. In addition, the intermediary, having connected the two parties, often runs the risk of being “on the side of the heat” and being rejected from the deal.

So, the widespread belief that the middleman gets income “for nothing” should be questioned. Another thing is that often the intermediary presents himself as the main person, proceeding from the fact that he to some extent coordinates the deal, conducts its execution. Therefore, the intermediary often requires himself the main jackpot in the form of a high percentage of the total volume of the transaction concluded with his participation. It should not be forgotten that the main actors in business are manufacturers, sellers, buyers of goods and services.

2. Organizational and legal forms of business

2.1 Individual entrepreneurship

 

An individual entrepreneur (IE) without the formation of a legal entity, who is an individual, is also the organizational and legal form of an enterprise, for example, a peasant (farm) farm is an enterprise carrying out entrepreneurial activity without forming a legal entity, and its head is recognized as an entrepreneur from the moment of state registration of a peasant (farm) economy. The advantages of this organizational and legal form are as follows:

the company is easy to register, the bureaucratic procedures are negligible;

the owner of the enterprise has complete freedom of action in comparison with societies or partnerships, and since the entrepreneur's income directly depends on how successful he is in the field of business, thus, there is an incentive for effective business conduct;

quite low tax rates compared to legal entities: an entrepreneur does not pay value added tax (VAT), income tax, etc., he only pays individual income tax, which refers to progressive taxes (at the moment, the rate on it is from 12% to 45% - the maximum rate for an annual income of over 300 thousand rubles, although there are serious concerns that, given the realities of the existing economic system, taking into account inflation, the maximum rate of this tax will lead to the following situation: practically all segments of the population, including those whose income below the subsistence level will be taxed at the maximum rate).

The disadvantages include the following points:

there is significant limited financial resources: as a rule, the finances of one entrepreneur are not enough to start a business, let alone expand an already started business; For example, an entrepreneur can take out a loan from a bank, but in the current economic situation, only an entrepreneur who has a “blat” can take out a loan from a bank. acquaintances on the board or the board of directors of the bank, and most often not just some acquaintance from the board, but the acquaintance of the chairman of this board, due to the fact that in the current economic situation there are simply no legal guarantees that you will return the loan. This puts the startup entrepreneur in an almost hopeless situation. In a bank, you can take out a loan secured by property, but this does not apply to a novice entrepreneur, since banks try not to get involved with transactions such as when they take housing on bail due to the practically inability to confiscate this housing in order to repay the loan. The problem of limited financial resources is exacerbated by the fact that there is a certain so-called threshold of efficiency, i.e. the minimum size of a business (in terms of the volume of turnover and capital ), below this threshold, entrepreneurial activity sometimes becomes not only unprofitable, ineffective, but also unviable. Experts estimate this threshold in different ways, but in any case, the bill goes to tens of thousands of US dollars. As you know, one of the acute problems for an entrepreneur is to establish a stable, stable relationship with suppliers, the need to have a reliable supply. The entrepreneur often has significant supply difficulties, while a medium-sized enterprise that produces similar products with supply has almost no problems;

existing relations with the authorities: entrepreneurs experience practically no support from the authorities;

one of the problems that an entrepreneur faces today is the problem of his lack of any professionalism: he does not know what business is, what business planning is; he may have heard of a business plan, he may have seen it, but usually has no idea how to write it; for example, compared to technical skills, far fewer people have any knowledge of accounting, organization, management or marketing; for the most part, people do not fully imagine all the difficulties they will have to face when starting a business, but even if they do have an idea of ​​what awaits them, they still do not know how to cope with these problems. Many entrepreneurs do not have such a concept as entrepreneurial ethics, for example, when disseminating false information, the entrepreneur does not bear practically any responsibility, i.e. in fact, he can give out any information in advertising, entrepreneurs, as they say, make money in all possible and impossible ways;

one of the difficulties in registering a given organizational and legal form is as follows: sometimes it is very difficult to get a license for a licensed type of activity;

another disadvantage is that the liability of an individual entrepreneur is unlimited, i.e. the entrepreneur risks all his property, in contrast to shareholders, who only risk the firm's assets, not their property.

 

2.2. The concept and types of non-profit organizations.

General Provisions. Non-profit organization called, is not intended to profit as the main purpose of the activity and do not distribute profits among their lan nicknames (Sec. 1, Art. 50 of the Civil Code). 

Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, meet the spiritual and other intangible needs of citizens, protect the rights, legitimate interests of citizens and organizations, resolve disputes and conflicts, the provision of legal assistance, as well as for other purposes aimed at achieving public goods.1

The establishment in the law of two criteria at once that characterizes a non-profit organization is certainly justified. In segod nowcast Uzbekistan, most non-profit organizations, not excluding the institutions financed by the owner, just forced to engage in business, to reduce the con tzu meet. The legislator must ensure such a legal regime for their activities, in which the inevitable and necessary business does not turn into an end in itself. Foreign experience shows that it is prohibited to distribute the profits among the participants of the legal entity is the action nym way to cut non-profit organizations from about occupational business.

Differentiation of commercial and non-profit organizations, is a weak point of modern Nogo civil law. But the problem lies not so much in the selection of appropriate criteria for distinguishing these ve rows organizations, but in the consistent application you swear criteria to the different types of legal entities. From labeled legislator signs of non-profit organizations is quite justified and in conjunction with the relevant Meto rows of statistical and accounting are operational, the only question is whether lawmakers will be able to build a coherent, internally consistent system of non-profit organizations, based on their overall concept. So far, unfortunately, this has not been possible. The legislation regulating the legal status of the individual ve rows of non-profit organizations, prevailed a very strange concept. The basis of the legal regulation is not placed particular legal form, the structure of legal entities (as one would expect), and spe fic scope of their activities. Thus, the Federal Law "On Farmhouse -governmental cooperation" 2 obe Dinh in one document the rules governing the position and manufactur -governmental, and consumer cooperatives in agriculture, seeing in them a lot more similarities than differences. Similarly, the Federal ERP Act "On charitable activities and charitable organi zatsiyah" 3 brings together such different types of legal entities such as foundations, community organizations, institutions on the sole ground that they are engaged in charity work. Such unproductive Zuko nodatelnogo approach is obvious.

The list of organizational and legal forms of non-commercial legal entities, provided for in Art. 116-123 CC is not exhaustive. He already has expanded due to the set -OPERATION special regulations governing worker Nost of certain types of organizations. Such a legislative solution of seems to be very fruitful, though potentially dangerous. Already the history of the first years of the new Civil Code provides many examples of the avalanche-like appearance of more and more new types of legal entities. But is it possible to consider these kinds of independent organizational but-legal forms of legal entities? Not always.

According to the Civil Code, non-profit organizations are organizations that do not have profit making as the main goal of their activities and do not distribute the received profit among the participants. Non-profit organizations have the right to engage in entrepreneurial activity only insofar as it is necessary for their statutory purposes. In addition to the Civil Code, the legal status of non-commercial organizations is defined in the Law on Non-Commercial Organizations, adopted on December 8, 1996.

Non-profit organizations can be created to achieve social, charitable, cultural, educational, scientific and managerial goals, in order to protect the health of citizens, develop physical culture and sports, meet the spiritual and other intangible needs of citizens, protect the rights, legitimate interests of citizens and organizations, resolve disputes and conflicts, as well as for other purposes aimed at achieving public goods / n. 2 tbsp. 2 of the Law /.

A non-profit organization is considered to be created as a legal entity from the moment of its state registration. It is created without limiting the period of activity, unless otherwise established by the constituent documents. The constituent documents of a non-profit organization are the Charter and the Memorandum of Association.

The Civil Code defines the following forms of existence of non-profit organizations in Uzbekistan: consumer cooperatives / non-profit partnerships /, institutions, foundations, public and religious organizations / associations /, associations of legal entities / associations and unions /. The Civil Code of the Uzbekistan Federation allows the creation of non-profit organizations in other forms provided for by federal laws. Also, according to the ratio in the rights of the founders (participants) and the legal entity itself to the property of the latter, non-profit organizations are divided into:

legal entities in respect of which the founders (participants) have rights of obligation:

business companies and partnerships;

consumer cooperatives.

legal entities in relation to which their founders (participants) do not have property rights:

public and religious organizations (associations);

charitable and other foundations;

associations of legal entities (associations and unions).