FEATURES AND PLACE OF BUSINESS PARTNERSHIPS IN THE SYSTEM OF COMMERCIAL CORPORATE LEGAL ENTITIES

Abstract

Business partnership, as an organizational and legal form of legal entities, appeared in connection with an attempt to develop in Russia innovative venture activities similar to western organizations. However, due to the fact that this activity in Russia is not fully regulated and is risky, this form is unpopular, given that economic partnerships have general legal capacity and their legal status is not fully regulated. Having significant differences in the legal status of participants and the institution, organization and management, business partnerships are most similar to limited liability companies and economic fellowships. The similarity of business partnerships with limited liability companies is manifested in the same limit of the number of participants and the consequences of exceeding it, in the presence of a pre-emptive right to purchase the share of the participant in case of his exit. Business partnerships are similar to economic fellowships in the contractual model of functioning and in the fact that these organizations tend to «unite persons», where personal participation comes to the fore. They are also connected with each other by a legislative ban on the creation of organizations by one person. Purpose: to analyze the legal regulation of business partnerships and identify their distinctive features as a separate type of corporations, to compare them with other organizational and legal forms of legal entities. Methods: the method of interpretation and comparison, the system-structural method allows us to consider the object of the research in relation to other phenomena, as well as the method of system analysis. Results: in the system of corporate commercial organizations, a business partnership has a number of features of the composition of its participants and the order of establishment, organization and management of activities. The specifics of the legal status of participants in business partnerships are related to the requirement for them: the presence of other persons, the prohibition to be a participant or founder of a number of other legal entities, the procedure for the formation of the pooled capital.