Term "company" used in civil law in relation to both subjects and objects of law. An enterprise is a legal entity, i.e. subject civil law, participant entrepreneurial activity. At the same time, the term "company" applies only to state and municipal unitary enterprises, which, as a commercial organization, are subject to state registration and act as a subject of law in various contracts and other legal relations.
At the same time, the same term is used to refer to a certain kind objects of law. In this sense, an enterprise is a certain property complex used to carry out entrepreneurial activities, which includes the entire set of property intended for the activities of an enterprise, namely: land plots, buildings, structures, equipment, inventory, raw materials, products, rights of claim, debts, as well as designation rights that individualize the enterprise, its products, works and services, trademarks, service marks and other exclusive rights, i.e. as part of an enterprise as a special real estate object, there may also be separate real estate objects - buildings, structures, land, etc., intangible assets (rights to use a land plot, natural resources, copyrights and other rights, etc.) and negotiable funds (money, raw materials, materials, etc.).
As an object of law - real estate the enterprise can belong to any subjects - participants of entrepreneurial activity. It is not excluded the possibility of belonging to one subject of several enterprises - property complexes, in particular, intended for the manufacture different types products or for other types of business activities.
The concept of an enterprise as real estate that is used for business activities has its own characteristics. It cannot be reduced to a set of equipment for the production of certain products, because the transformation of such a set of equipment into an enterprise requires additional actions to organize the production process on its basis. An enterprise as real estate constitutes a single property complex, which includes not only all types of property intended for its activities, but also non-property rights that individualize the enterprise. This makes it possible to immediately use the enterprise for a specific production activities.
In view of the fact that before the adoption of the new Civil Code, almost all enterprises were state-owned (cooperative), they were not in circulation, these enterprises, as a rule, were transferred to the jurisdiction of other organizations in administrative order. Therefore, such a concept of an enterprise for our society is new and not yet sufficiently established in domestic practice. As a result, inaccurate formulations are allowed.
For example, the Decree of the President of the Russian Federation "On the sale of state enterprises - debtors" of June 2, 1994 refers to the sale of property of insolvent state enterprises. Application to these relations of the definition of "sale of enterprises - debtors" is incorrect, because. a property complex as an object of law cannot be a debtor, and a state enterprise as a subject of law cannot be sold. A similar inaccuracy of the expression is allowed in the orders of the Government of the Russian Federation on the sale of property of specific insolvent enterprises.
The enterprise as a single property complex is created on the basis of newly formed commercial organizations using the contributions of their founders and participants, as well as income from subsequent production activities.
Legal regulation enterprises created in the course of privatization is determined by special legislation, which takes precedence over the general norms of the Civil Code on the acquisition of property rights. As a rule, during the privatization of state and municipal enterprises, the property complex is preserved, only the owner and the legal organizational form change.
These relations are regulated by the Law of the Russian Federation "On the privatization of state and municipal enterprises in the RSFSR" of July 3, 1991, which has been repeatedly introduced significant changes, as well as many decrees of the President of the Russian Federation and the Basic Provisions of the State Program for the Privatization of State and Municipal Enterprises in the Russian Federation after July 1, 1994, approved by the Decree of the President of the Russian Federation of July 22, 1994, which must be valid until the approval of the new State Privatization Program. General order and methods of privatization of enterprises are detailed in the annexes to the Decree of the President of the Russian Federation of January 29, 1992. It specifies the procedure for filing, processing and accepting for consideration an application for privatization, rules for assessing the value of privatization objects, provisions for the transformation of state and municipal enterprises into open joint-stock companies, established the procedure and conditions for organizing and holding auctions, the procedure for holding tenders.
Of great importance are the provisions of the Decree of the President of the Russian Federation "On organizational measures for the transformation of state enterprises, voluntary associations of state enterprises into joint stock companies" dated July 1, 1992 and the Regulation on the commercialization of state enterprises with their simultaneous transformation into joint stock companies.
As a result of privatization, the property complex becomes the property of economic partnership, companies or individual entrepreneurs.
Parts of the enterprise are also subject to privatization.
The Decree of the President of the Russian Federation "On organizational measures for the transformation of state enterprises, voluntary associations of state enterprises into joint-stock companies" dated July 1, 1992 provides for the allocation in the process of privatization structural divisions enterprises (shops, industries, sites, etc.) into independent enterprises with the rights of a legal entity in compliance with the requirements of antimonopoly legislation.
The sale of a privatized enterprise is carried out by concluding a contract of sale, which clearly defines the rights and obligations of the seller and the buyer, the payment procedure, and other conditions are fixed. Ownership of the transferred property passes to the buyer at the time of registration of the contract.
With all methods of privatization of enterprises, the appropriate state body or local self-government body acts on behalf of the owner of the property - the state. Such bodies are property management committees and property funds.
The sale of an enterprise as real estate differs significantly from the sale of shares in this enterprise.. In the first case, the property passes into the ownership of the buyer, which is the joint-stock company created in the process of privatization. When buying shares, regardless of their number, former employees privatized enterprise and other persons - shareholders - acquire only ownership of the shares, and not the property of the enterprise. The ownership of the shares passes to the buyer from the moment the data is entered in the register of the joint-stock company, which is maintained executive bodies joint-stock company.
The buyer of a privatized enterprise acquires all the rights of the owner on it. Therefore, he can sell the enterprise to another person.
In practice, there are cases of the sale of previously privatized enterprises into the ownership of the state or local authorities management. Then the form of ownership of this property changes. It again becomes a state or municipal enterprise and enters into economic management. A new unitary enterprise may be created on the basis of the acquired enterprise.
The sale of an enterprise as a single property complex may be due to different reasons. This is the sale of insolvent state-owned enterprises, their liquidation or bankruptcy, and also when the seller, for various reasons, wants to sell the enterprise, including in cases of need for cash, transition to other activities, the desire to upgrade equipment and the forced sale of the enterprise. In all such situations, entrepreneurs of various organizational forms can act on the side of the buyer.
In recent years, diversification trends have become clearly visible in the national economy and the construction complex in particular, characterized by the entry of companies into business areas that are not directly related to the main or initial activity. Fierce competition, scarcity of investment resources and risks inherent in the Russian economy have led to a situation where investment projects to expand an old business have become in many cases less attractive than the purchase of functioning related enterprises.
It should be noted that, in accordance with the law, a part of the enterprise can also be sold as an object of sale “an enterprise as a property complex”. This part should be a separate property complex. In all cases, the contract must contain certain data that make it possible to establish the subject of sale, including the location of the enterprise on the relevant land plot.
Prior to signing the contract, the following must be drawn up and reviewed by the parties:
- act of inventory;
Balance sheet;
The conclusion of an independent auditor on the composition and value of the enterprise;
A list of all debts (obligations) included in the enterprise, indicating creditors, the nature, size and timing of the claim.
The contract for the sale of an enterprise, as well as another real estate object, must be concluded in writing by drawing up one document signed by the parties, and attaching the documents listed above to it and with mandatory state registration.
The price of the acquired enterprise, as one of the essential terms of the contract of sale, must be clearly indicated in the contract.
As a rule, the price is determined by agreement of the parties on the basis of the inventory and the auditor's report. It is assumed that the stipulated price also includes the price for the transferred land plot or for the right to use it.
The sale of the enterprise itself is carried out in three stages:
1. Conclusion of a contract of sale and its state registration.
2. Transfer of the enterprise under the deed of transfer.
3. State registration of the buyer's ownership of the acquired enterprise.
Thus, the law requires that the parties when selling the enterprise, they carried out twice state registration. First you need to register an agreement on the sale of the enterprise, and then register the ownership of the buyer.
After the conclusion of the contract, in accordance with the specifics of the acquisition of real estate, it is necessary to transfer the enterprise under a special transfer act from the seller to the buyer.
In Art. 563 of the Civil Code of the Russian Federation defines in detail the content of this act, states that the preparation of the enterprise for transfer, including the execution of the transfer act, is the responsibility of the seller and is carried out at his expense, unless otherwise provided by the contract.
The moment of transfer of the enterprise to the buyer is the day of signing by both parties of the deed of transfer. From that moment on, the risk of accidental loss or damage to the property passes to the buyer. The buyer has the right to use the property included in the enterprise and derive benefits, but he is not entitled to dispose of the enterprise until the transfer of ownership. The seller after the transfer of the enterprise is also not entitled to dispose of it.
The buyer can keep the acquired enterprise as a separate property of a legal entity or attach it to its property, creating on its basis an internal division of another organization, or, if this individual entrepreneur, directly control it. On the basis of the acquired enterprise, a legal entity - a business company - can be created, even with a single participant. The latter will have the rights provided for by the law on the relevant economic society, founding documents of a partnership or company.
An enterprise as a property complex used for business activities can be leased.
An enterprise may be leased out by the owner only after the completion of settlements with creditors, who, prior to the transfer of the enterprise, must be notified in writing by the lessor. They may require the landlord to terminate or early fulfill obligations. For debts transferred without the consent of creditors, the lessor and the lessee shall be jointly and severally liable.
Preparing the business for transfer is the responsibility of the lessor. The very transfer of the enterprise for rent is carried out according to the deed of transfer, and the moment of the conclusion of the lease agreement and the emergence of the rights and obligations of the parties under it determines the moment of state registration.
During the lease, the tenant is obliged to maintain the enterprise in proper technical condition, including mandatory payments and taxes, unless otherwise provided by the contract.
Lessor's Occupation Rights certain activities on the basis of a license are not transferred to the lessee, unless otherwise provided by law or other legal act. However, this does not release the landlord from the corresponding obligations to his creditors. The rights and obligations in relation to the employees of the enterprise are regulated by the rules on the reorganization of a legal entity.
Upon termination of the contract, the property complex must be returned to the lessor. Preparation of the enterprise for transfer is now the responsibility of the tenant and is carried out at his expense, unless otherwise provided by law.
The amount and methods of making the rent are determined in the lease agreement.
The right of ownership to the enterprise as a single property complex is terminated upon general rules established in Chapter 15 of the Civil Code (Articles 235 - 243) with the exception of Art. 240, 241. Most often, a single property complex ceases to exist as a result of the sale of the objects included in it separately, in particular in case of bankruptcy or by a voluntary decision of the entrepreneur.
Theme 4
Management of property complexes of organizations and enterprises
I. Characteristics of real estate
II. Depreciation of fixed assets of the enterprise. Their score
Linear way. The annual amount of depreciation deductions is determined based on the original cost or current (replacement) cost (in the event of a revaluation) of the object and the depreciation rate calculated on the basis of the period beneficial use this object.
Decreasing balance method. The annual depreciation amount is determined based on the residual value of the object at the beginning of the year and the depreciation rate calculated on the basis of the useful life of this object and the acceleration factor established in accordance with the legislation of the Russian Federation.
The acceleration coefficient is applied according to the list of high-tech industries and efficient types of machinery and equipment established by the federal executive authorities.
The method of writing off the cost by the sum of the numbers of years of the useful life. The annual amount of depreciation is determined based on the initial cost or current (replacement) value (in case of revaluation) of the object and the ratio, in the numerator of which is the number of years remaining until the end of the useful life of this object, in the denominator - the sum of the numbers of years of the useful life of the object .
The method of writing off the cost in proportion to the volume of products (works). Depreciation is charged on the basis of the natural indicator of the volume of production (work) in the reporting period and the ratio of the initial cost of the object and the estimated volume of production (work) for the entire useful life of the object.
Linear method means uniform depreciation. Methods of diminishing balance and write-off of value by the sum of numbers of years of useful life mean accelerated depreciation of fixed assets.
Methods and procedure for calculating depreciation for taxation of profits are defined in Art. 256-259 of the Tax Code of the Russian Federation.
Depreciable property is recognized as property, results of intellectual activity and other objects of intellectual property that are owned by the taxpayer and are used by him to generate income and the value of which is repaid by accruing depreciation.
Depreciable property does not include land, other objects of nature management (water, subsoil and other natural resources), as well as inventories, goods, securities, financial instruments term transactions (including forward, futures contracts, options).
The depreciable property also does not include:
· property budget organizations;
Ø the price of the transaction is a reasonable remuneration for the object of assessment and there was no coercion to complete the transaction in relation to the parties to the transaction from either side;
Ø payment for objects is expressed in cash.
Insurance price is determined by agreement between the insured and the insurer based on the market value of this element of fixed assets. Insured replacement cost is the full value of fixed asset elements reflected in the insurance policy. The insurable value including depreciation (residual insurable value) is the replacement insured value minus accrued depreciation.
Security deposit used as collateral for loans and credits. It consists of the following parts:
¨ the amount of the loan;
¨ compensation for losses or penalties (fines, penalties) due to delay in the fulfillment of the main obligation;
¨ interest on a loan;
¨ reimbursement of court and other expenses caused by foreclosure on the subject of pledge;
Depreciation policy- a set of principles, plans, actions of the government, carried out in terms of the formation, distribution and use of depreciation. The depreciation policy includes centralized regulation of standard service life (depreciation rates); permission (prohibition) of the application of accelerated depreciation of equipment and determination of the boundaries (limits) of the application of accelerated depreciation; establishing rules for the use of depreciation allowances; stimulation intended use depreciation and sanctions for misuse of accelerated depreciation.
III. The content of intangible assets of the enterprise. Amortization of intangible assets
The composition of intangible assets (IA) of enterprises is determined by two regulations: the Accounting Regulation "Accounting for Intangible Assets" (PBU 14/2000) and Chapter 25 of the Tax Code.
When accepting assets for accounting as intangible, the following conditions must be met at a time:
a) the absence of a material (physical) structure;
b) the possibility of identification (allocation, separation) by the organization of property;
c) use in the production of products, in the performance of work or the provision of services, or for the management needs of the organization;
d) use for a long time, i.e. useful life, lasting more than 12 months. or the normal operating cycle, if it exceeds 12 months;
e) the organization does not intend the subsequent resale of this property;
f) the ability to bring economic benefits (income) to the organization in the future;
g) the availability of properly executed documents confirming the existence of the asset itself and the organization's exclusive right to the results of intellectual activity (patents, certificates, other titles of protection, an agreement on the assignment (acquisition) of a patent, trademark, etc.).
In accordance with these conditions, intangible assets include the exclusive right:
When acquiring intangible assets, additional costs may arise to bring them into a condition in which they are suitable for use for the planned purposes. It could be wages employed workers corresponding deductions on social insurance and provision, material and other expenses. Additional expenses increase the initial cost of intangible assets.
The initial cost of intangible assets created by the organization itself is determined as the sum of the actual costs of creating and manufacturing (spent material resources, remuneration, services of third-party organizations under counterparty (co-executive) agreements, patent fees associated with obtaining patents, certificates, etc.), with the exception of value added tax and other refundable taxes (except as provided by the legislation of the Russian Federation).
Intangible assets considered created if:
1) the exclusive right to the results of intellectual activity obtained in the course of performance official duties or on specific assignments of the employer, belongs to the employing organization;
2) the exclusive right to the results of intellectual activity obtained by the author (authors) under an agreement with a customer who is not an employer belongs to the customer organization;
3) a certificate for a trademark or for the right to use the appellation of origin of goods is issued in the name of the organization.
General business and other similar expenses are not included in the actual expenses for the acquisition, creation of intangible assets, except when they are directly related to the acquisition of assets.
In accordance with the Tax Code, intangible assets are recognized as the results of intellectual activity acquired and (or) created by the taxpayer and other objects of intellectual property (exclusive rights to them) used in the production of products (performance of work, provision of services) or for the management needs of the organization for a long time ( over 12 months).
To recognize an intangible asset, it is necessary to bring economic benefits (income) to the taxpayer, as well as the availability of properly executed documents confirming the existence of the asset itself and (or) the taxpayer's exclusive right to the results of intellectual activity (patents, certificates, other titles of protection, assignment (acquisition) agreement) patent, trademark).
Intangible assets, in particular, include the exclusive right:
the patent holder for an invention, industrial design, utility model;
· on the trademark and service mark, appellation of origin of goods and trade name;
· a patent holder for selection achievements;
· the possession of know-how, a secret formula or process, information in relation to industrial, commercial or scientific experience.
The initial cost of depreciable intangible assets is determined as the amount of expenses for their acquisition, creation and bringing them to a state in which they are suitable for use, with the exception of taxes that are included in expenses in accordance with the Tax Code.
Cost of intangible assets, created by the organization itself, is defined as the sum of the actual costs of their creation, manufacture (including material costs, labor costs, services of third parties, patent fees associated with obtaining patents, certificates), except for the amounts of taxes taken into account in composition of expenses in accordance with the Tax Code.
Intangible assets do not include:
à research, development and technological work that did not give a positive result;
à intellectual and business qualities personnel of the organization, their qualifications and ability to work.
Comparison of the composition of intangible assets given by PBU 14/2000 and in tax code, shows that basically the same types are classified as intangible assets, but there are also differences.
In PBU 14/2000, intangible assets include business reputation organizations and organizational expenses (expenses associated with the formation of a legal entity, recognized in accordance with the constituent documents as part of the contribution of participants (founders) to the authorized (share) capital of the organization). These types of intangible assets are not included in the composition of intangible assets, given in Art. 257 of the Tax Code of the Russian Federation.
At the same time, in the Tax Code, intangible assets include the exclusive right to a company name, as well as the possession of know-how, a secret formula or process, information regarding industrial, commercial or scientific experience. These types of intangible assets are not included in the composition of intangible assets given in RAS.
It is advisable to establish a single composition of intangible assets.
In industry, at the end of 2000, intangible assets on the book value amounted to 23.6 billion rubles. or 1.2% to the residual value of fixed assets.
In the total amount of intangible assets in industry, arising from copyright and other contracts for works of science, for computer programs, etc., amounted to 33%; rights arising from patents for inventions, industrial designs, certificates for utility models, trademarks, etc. - 28.8%.
As for fixed assets, there are differences in the definition of depreciation on intangible assets for accounting purposes and for tax purposes of corporate profits.
For accounting purposes, depreciation of intangible assets is carried out using one of the following methods of depreciation:
Linear;
diminishing balance;
Cost write-offs in proportion to the volume of products (works).
The application of one of the methods for a group of homogeneous intangible assets is carried out during their entire useful life.
During the useful life of intangible assets, the accrual of depreciation deductions is not suspended, except for the conservation of the organization.
The annual amount of depreciation charges is determined when:
ü linear way- based on the initial cost of intangible assets and the depreciation rate calculated on the basis of the useful life of this object;
ü reducing balance method- from the residual value of intangible assets at the beginning of the reporting year and the depreciation rate calculated based on the useful life of this object.
During the reporting year, depreciation deductions for intangible assets are accrued monthly, regardless of the accrual method used, in the amount of 1/12 of the annual amount.
In seasonal production annual amount depreciation deductions for intangible assets are accrued evenly over the period of operation of the organization in the reporting year.
ü write-off method in proportion to the volume of products (works)- accrual is based on the natural indicator of the volume of production (work) in the reporting period and the ratio of the initial cost of intangible assets and the estimated volume of production (work) for the entire useful life of the intangible asset.
The useful life of intangible assets is determined by the organization when accepting an object for accounting.
Definition useful life NMA is made on the basis of:
à the validity period of a patent, certificate and other restrictions on the terms of use of intellectual property objects in accordance with the legislation of the Russian Federation;
à the expected period of use of the facility, during which the entity can obtain economic benefits.
For certain groups of intangible assets, the useful life is determined based on the quantity of products or other natural indicator of the amount of work expected to be received as a result of using this object.
For intangible assets for which it is impossible to determine the useful life, depreciation rates are set for 20 years (but not more than the life of the organization).
Depreciation deductions for intangible assets begin on the first day of the month following the month of acceptance of this object for accounting, and are accrued until the cost is fully paid off or this object is retired from accounting in connection with the assignment (loss) by the organization of exclusive rights to the results of intellectual activity.
Depreciation deductions for intangible assets are terminated from the first day of the month following the month of the full repayment of the cost of this object or the write-off of this object from accounting.
Depreciation deductions for intangible assets are reflected in the accounting records of the reporting period to which they relate, and are accrued regardless of the performance results in the reporting period.
Depreciation deductions for intangible assets are reflected in accounting in one of the ways: by accumulating the corresponding amounts in a separate account or by reducing the initial cost of the object.
Depreciation deductions for organizational expenses of the organization are reflected in accounting by a uniform decrease in the initial cost over 20 years (but not more than the life of the organization).
The use of one of the methods of accounting for depreciation for a group of homogeneous intangible assets is carried out during the entire period of their useful life.
The methods and procedure for calculating depreciation on intangible assets for accounting purposes are basically the same as those used when depreciating fixed assets for accounting purposes.
Some differences are as follows:
× among the methods (methods) for calculating depreciation on intangible assets, there is no way to write off the sum of the numbers of years of the useful life;
× for intangible assets for which it is impossible to determine the useful life, depreciation rates are set for 20 years;
× depreciation deductions for intangible assets can be reflected in accounting not only by accumulating the corresponding amounts, but also by reducing the initial cost of the object.
Depreciation deductions for intangible assets for profit tax purposes are calculated in the same way as for fixed assets - the useful life of intangible assets is determined.
The useful life of an intangible asset is determined based on the validity of a patent, certificate and other restrictions on the useful life of an intellectual property object in accordance with the legislation of the Russian Federation or the applicable laws of a foreign state, as well as on the basis of the useful life of intangible assets stipulated by the relevant agreements. For intangible assets for which it is impossible to determine the useful life, depreciation rates are set for 10 years (but not more than the period of the taxpayer's activity).
Recall that when calculating depreciation for accounting purposes for intangible assets for which it is impossible to determine the useful life, depreciation rates are set for 20 years.
Depreciation is charged for each intangible asset using one of the following methods:
Linear;
non-linear.
IV. Forms of granting state and municipal property into possession and use by other organizations
State and municipal property can be transferred into possession and use by other organizations on the basis of lease, trust management, operational management, economic management, gratuitous use.
From a legal point of view, economic management and operational management are special real rights to real estate, rent and trust management are restrictions (encumbrances) of property rights.
The choice of one or another form of real estate use is determined by a number of factors, of which the main one is the achievement of management goals. Transfer to economic management, operational management, gratuitous use allows you to realize the goals associated with the integrated development of the territory of the municipality through the creation of municipal unitary enterprises and institutions.
Lease relations in Russia, the formation of which began with the adoption of the Fundamentals of the legislation of the USSR and the Union republics on rent, received intensive development with the beginning of market transformations in the Russian economy, which significantly changed the position of state-owned enterprises and opened up the possibility for citizens to transition to economic independence in entrepreneurial activity.
In accordance with Union legislation on rent, which has not been repealed to this day, and subsequent legislative and regulations lease is a fixed-term possession and use of land, other natural resources, enterprises and other property complexes based on an agreement, as well as property necessary for the tenant to independently carry out economic or other activities.
In world and domestic practice, leasing is allowed in the implementation of any entrepreneurial activity not prohibited by law, and can be applied to property of all forms and types of ownership, i.e. as objects of lease can be taken, including from the state:
a) land plots and other isolated natural objects;
The owner of a land plot may transfer it to other persons for rent or free fixed-term use. The law may establish the specifics of leasing land plots and other isolated natural objects.
b) enterprises and other property complexes;
c) individual buildings, structures, equipment, vehicles, inventory, tool;
d) other types of property, raw materials, products, other things that do not lose their natural properties in the process of their use (non-consumable things);
e) rights of claim, debts, as well as rights to designations that individualize the enterprise, its products, works and services (company name, trademarks, service marks), and other exclusive rights.
The law may establish restrictions or specific objects, the rental of which is not allowed or limited.
The right to lease belongs to the owner of the leased object or to a person authorized by law or the owner to conclude a lease agreement.
At the initial stage of the formation of lease relations in Russia, when the owner was mainly the state, state enterprises and organizations were given the right to lease property complexes, individual buildings, structures, equipment and other material values under their full economic control or operational management. This allowed for a major restructuring of state-owned enterprises that provided rental legal entities and citizens joint ventures, international associations and organizations everything that was subject to rent, and due to this, receive significant funds for their core activities.
At the same time, it is the Russian Federation that establishes restrictions on the rights land tenants. Besides, land tenants are required to carry out conservation measures.
Under a financial lease agreement (leasing agreement), the lessor may acquire ownership of specified by the tenant property from a seller determined by him and provide the tenant with this property for a fee for temporary possession and use for business purposes. In this case, the lessor is not responsible for the choice of the leased item and the seller. The subject of a financial lease agreement may be any non-consumable items used for business activities, except for land plots and other natural objects.
The executive authorities of the subjects of the federation should and can provide the necessary support for the development of leasing activities aimed at technical re-equipment and modernization of production, including through participation in the financing of relevant projects from their budgets.
It is planned to bring the volume of leasing in Russia to the level of developed Western countries: 25-30%.
Essentially, the issue of rent state property mainly arises at the initial stage of entrepreneurial activity and fades into the background at the stage of its formation, since in this case economic relations, including rental, related to other circumstances: innovative activities, intellectual property, know-how, leasing, etc., but these are not issues of rent as a form of contractual relations, but of personnel and scientific and technical policy, including the state one.
In the management system of municipal real estate, rent and sublease occupy a special place. The general basis for the transfer of real estate for rent is the excess of the rent (without depreciation and property tax) of the profit on capital when the object is used directly by the owner.
The expediency of transferring real estate for rent is determined by the following factors:
¨ the property is not used by the owner in the current economic activity, i.e. does not generate income;
¨ real estate is used by the owner, but causes losses due to structural and technological reasons;
¨ real estate cannot be involved in economic turnover for economic reasons (for example, there are not enough working capital to organize production).
The advantages of leasing as a form of management are, firstly, in the stability of obtaining additional income, and secondly, in the ability to use real estate in the future to develop their own business activities when external conditions change. At the same time, cash receipts from the use of facilities are distributed in the long run.
Municipal property transferred to trust management shall be separated from other real estate of the founder of management, as well as from the real estate of the trustee. This property is reflected in the trustee on a separate balance sheet, it is kept separate records. For settlements on activities related to trust management open a separate bank account. The trustee acts on his own behalf, but indicates that he is a trustee (otherwise, liability for obligations will be directed to his property).
v. System of indicators characterizing the activities of economic entities
Analysis of economic activity consists of two closely related sections: 1) Financial analysis; 2) Management analysis.
Solvency of production resources Rating score
Analysis of the volume of production of enterprises-issuers
Relationship analysis
cost, volume
products and profits
The division of analysis into financial and managerial is due to the division of the enterprise-wide accounting system into financial accounting and management accounting that has developed in practice. Financial analysis based on data only from public accounting takes on the character external analysis, i.e., analysis carried out outside the enterprise by interested counterparties, owners or government agencies. When analyzing only public reporting data, a very limited part of the information about the activities of the enterprise is used, which does not allow revealing all aspects of the company's activities.
Features of the external financial analysis are:
° plurality of subjects of analysis, users of information about the activities of the enterprise;
° variety of goals and interests of the subjects of analysis;
° availability of standard methods, accounting and reporting standards;
° orientation of the analysis only to the public, external reporting of the enterprise;
° limitation of analysis tasks as a consequence of the previous factor;
° maximum transparency of the results of the analysis for users of information about the activities of the enterprise.
° analysis of absolute profit indicators;
° economic diagnostics financial condition enterprises and rating score issuers.
When conducting on-farm financial analysis, they are used as a source of information, except for financial reporting, as well as other system accounting data, data on the technical preparation of production, regulatory and planning information.
Features management analysis are:
° orientation of the results of the analysis to the goals and interests of the management of the enterprise;
° use of all sources of information for analysis;
° lack of regulation of analysis by state bodies;
° comprehensive analysis, study of all aspects of the enterprise;
° integration of accounting, analysis, planning and decision-making;
° maximum secrecy of the results of the analysis in order to preserve commercial secrets.
The key issue for understanding the essence and effectiveness of financial analysis is the concept of economic activity (business) as a stream of decisions on the use of resources (capital) in order to make a profit. Making a profit is ultimate goal economic activity of the enterprise, because it is necessary condition to maintain the economic viability of the enterprise, preserve the possibility of further capital investment and development.
VI. Assessment of equipment, vehicles
Appraisal of the cost of machinery and equipment - determination of the value of one of the types of movable property. An important role in the assessment is played by such indicators of their consumer properties as: functionally sound indicators; indicators of productivity, reliability; the level of automation, accuracy and stability of functioning, etc. The main objectives of the assessment include: revaluation of assets of enterprises for the purposes of accounting and taxation; determination of the total value of the property complex when creating joint-stock companies; secondary offering of shares; calculation of the market value of machinery and equipment when buying and selling; their collateral value, insurance value, etc.
The valuation methodology has much in common with the methods of valuation of real estate, intangible assets, and business. The features of the assessment include: the specifics of the object of assessment, the complexity of the problem of identifying the object, the high relevance of determining physical, moral and external depreciation, etc.
The assessment is made on the basis of three classical approaches (cost, comparative and profitable).
The specific types of costs, the determination of which in some cases becomes necessary during the assessment, include: the cost of residual replacement, disposal cost, the cost of scrap (scrap).
