Lessons 13 · 1 lessons · U. G‘afurov, Q. Sharipov. Basics of Entrepreneurship: textbook for Grade 11 of general secondary schools and for secondary specialised and vocational institutions. 1st edition. “O‘zbekiston” publishing house, Tashkent, 2018
13
Founding documents of an enterprise
Textbook: pp. 61–65
GoalDistinguish the founding documents of an enterprise (charter, founding agreement), the charter fund, logo, company mark, trademark, brand and slogan, and list the main information in a charter.
New words
charter: the document setting the procedure and conditions of an enterprise’s operation · Ustavfounding agreement: the legal document in which founders agree the basic terms of creating an enterprise · Ta’sis shartnomasitrademark: a registered sign that distinguishes one producer’s goods from others’ · Tovar belgisibrand: a trademark widely known to consumers and holding a significant part of the market · Brend
Explanation
An enterprise’s activity begins with preparing the founding documents: a legal entity operates on the basis of a charter, or a founding agreement and a charter, or only a founding agreement (which one, the law sets by form). The founding agreement is concluded by the founders, the charter is approved by them. A charter usually states the organisational-legal form, name, address, size and composition of the charter fund, the procedure for forming it, the profit distribution procedure and the conditions for reorganisation and liquidation. The charter fund is the set of money and material funds the founders first put in; for some forms the minimum amount is set by law, for others (for example the private enterprise) it is not, so the current law must be checked. In the founding agreement the parties undertake to create the enterprise and agree on contributing property, sharing profit and loss, management and leaving the company. To make the enterprise recognisable a logo (the name in a special style), a company mark (a separate pictorial element) and a trademark (a registered sign distinguishing goods) are used; a trademark that is widely known and holds a significant part of the market is called a brand. A slogan is a memorable advertising formula. A registered trademark is marked ®, an unregistered one usually TM; using ® for an unregistered mark is wrong.
Worked examples
Charter fund: the founders of “Nur-Non” LLC contributed: A — 15 000 000 so‘m in cash, B — an oven worth 6 000 000 so‘m, C — flour and raw materials worth 9 000 000 so‘m. The charter fund is 15 + 6 + 9 = 30 mln so‘m; shares: A 50 %, B 20 %, C 30 %.
Signs: the stylised name of the bakery is the logo; an image of an ear of wheat in it is the company mark; registering that inscription and image with the state body makes it a trademark; if it becomes known across the city and many clients choose it, it becomes a brand.
Class activity
Sign project: each group invents a name, a logo description, a company mark idea and a slogan for an imaginary product (for example local honey). Another group checks them: is the name memorable, and does it not resemble any existing well-known sign (similar signs must not be copied).
Practice
1
How do a charter and a founding agreement differ?
A charter sets the procedure and conditions of the enterprise’s operation and is approved; a founding agreement is an agreement between the founders and is concluded by them.
2
What information is in a charter? List five items.
Form, name, address, size and composition of the charter fund, profit distribution procedure (or conditions of reorganisation and liquidation).
3
Distinguish logo, trademark and brand.
A logo is the stylised form of the name; a trademark is a registered sign distinguishing goods; a brand is a widely known trademark with a significant place in the market.
4
Founders contributed 8 000 000 so‘m cash, equipment worth 5 000 000 so‘m and materials worth 2 000 000 so‘m. What is the charter fund in so‘m?