Authors

  • Jamila Abdibaeva
    Karakalpak state university named after Berdakh

DOI:

https://doi.org/10.71337/inlibrary.uz.ijai.125757

Abstract

This article provides a comprehensive overview of the concept, types, and activities of commercial organizations. It discusses the role of commercial legal entities in economic development, emphasizing that they are established and operate with the primary aim of generating profit. The article explores the legal foundations and organizational forms of commercial entities in the Republic of Uzbekistan, such as limited liability companies, additional liability companies, and joint-stock companies. It also compares these with the common legal structures used in foreign countries, particularly the United States and the United Kingdom. The comparative analysis highlights the importance of studying international practices and legal frameworks to create effective business models and implement innovations.

 

 

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INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 07,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 224

CONCEPT OF COMMERCIAL ORGANIZATIONS THEIR TYPES AND ACTIVITIES

Abdibaeva Jamila Aqpolat qizi

student of Karakalpak state university named after Berdakh, Faculty of Law

Annotation:

This article provides a comprehensive overview of the concept, types, and

activities of commercial organizations. It discusses the role of commercial legal entities in

economic development, emphasizing that they are established and operate with the primary aim

of generating profit. The article explores the legal foundations and organizational forms of

commercial entities in the Republic of Uzbekistan, such as limited liability companies,

additional liability companies, and joint-stock companies. It also compares these with the

common legal structures used in foreign countries, particularly the United States and the United

Kingdom. The comparative analysis highlights the importance of studying international

practices and legal frameworks to create effective business models and implement innovations.

Key words:

Commercial organizations, legal entity, profit, limited liability company (LLC),

joint-stock company (JSC), business partnership, capital consolidation, international experience,

legal forms

Commercial legal entities are organizations that carry out economic activity and are legally

independent. They carry out their activities for profit and are registered as legal entities in

accordance with the law. Commercial legal entities play an important role in the economic

development of society, as they operate in production, services, trade, investments, and many

other spheres.

Business partnerships and companies, production cooperatives, unitary enterprises, and other

forms stipulated by law may be established as commercial entities, i.e., legal entities whose

primary objective is to generate profit. (Part 2 of Article 40 of the Civil Code).

The name of a commercial legal entity must indicate its organizational form. This is of great

importance for its counterparties, as the specifics of the legal entity's activities, its

entrepreneurial capacity, legal framework, and the ability to be liable for obligations may be

disclosed on behalf of the legal entity. These commercial organizations are one of the most

common organizational and legal forms of entrepreneurship in property relations. Associations

formed by entrepreneurs in this form are called companies or firms in Chinese law and

corporations in Anglo-American legal systems. In the past, such associations in Uzbekistan

existed in the form of partnerships, which were mainly engaged in trade, as well as crafts.

Private entrepreneurship and commerce were not permitted. Taking this tradition into account,

the term "commercial partnership" has been retained in the Civil Code for 83 companies.

Companies and companies are commercial organizations formed at the discretion of their

members, that is, on the basis of a contract concluded by them, possessing common rights.

According to the main rule established in Article 58 of the Civil Code, business partnerships

and companies are commercial legal entities that have their authorized capital (fund, property

fund) separated from the property of the institutions (participants) that participated in their

development and consisting of their shares.


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INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 07,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 225

The primary function of commercial organizations is to generate profit, but they also perform

the following social and economic functions:

Production organization: Commercial organizations ensure economic growth by producing

goods or services, satisfying demand for them, and saturating the market.

Job creation: They hire workers, create jobs in society, and thereby support economic stability.

Efficient use of resources: Commercial organizations use natural and financial resources to

optimize production processes and reduce costs.

Market Development: Commercial organizations develop economic innovations by creating

new products and services in the market and entering new markets.

Types of commercial organizations and their activities: Business partnerships

can be

established as general partnerships or limited partnerships, while business companies can be

established as limited liability companies, additional liability companies, or joint-stock

companies.

A business partnership is an association with the status of a contractual legal entity, formed to

carry out entrepreneurial activity of two or more persons acting on behalf of this partnership.

In accordance with Article 3 of the Law of the Republic of Uzbekistan "On Business

Partnerships" adopted on December 6, 2001, business partnerships are commercial

organizations that have a charter fund (charter capital) divided into shares of founders

(participants). In such a partnership, the founders (participants) or some of them personally

participate in conducting business activities on behalf of the partnership. A business partnership

is established for an indefinite period and may carry out any type of activity not prohibited by

law, unless otherwise stipulated in its founding agreement.

Business entities

, by their nature, are an organizational and legal form of capital consolidation.

Business entities, in turn, are divided into such types as limited liability companies, additional

liability companies, and joint-stock companies. Today, many enterprises in the trade, public

catering, and service sectors of the economy of the Republic of Uzbekistan operate as limited

liability companies (LLCs). Therefore, limited liability companies constitute a significant

portion of business entities. Small and medium-sized businesses constitute the majority.

Corporations in the form of limited liability companies

were invented by German legal

scholars. The main reason for their emergence was the changes that occurred in European trade

and industry in the 19th century. Joint-stock companies were excessively large, tolerant, and

unfavorable, making their application practically impossible in small and medium-sized

businesses. On the other hand, the possibilities for wider application of full partnerships were

also limited. Therefore, at the request of practitioners, a draft law on a limited liability company

was developed and adopted on April 20, 1892. Later, it began to spread widely in other

countries of the world.

The establishment and operation of limited liability companies are regulated by the Law of the

Republic of Uzbekistan dated December 6, 2001, "On Limited and Additional Liability

Companies."

A joint-stock company (JSC)

is a commercial organization that attracts capital through the

issuance of shares. The main feature of joint-stock companies is that they form their capital

through the sale of shares, and shareholders (persons providing the capital) receive their shares

from the organization's profits.

In foreign countries, commercial legal entities are established to effectively manage economic

activity, generate profit, and find their place in the market. The economic system, legal norms,

and market conditions of each country influence the formation and development of various


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INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 07,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 226

forms of commercial organizations. The types of commercial legal entities abroad and their

legal structure, management model, and liability distribution mechanisms differ from each other.

Below is detailed information about the types of commercial legal entities in foreign countries

and their main characteristics.

Commercial organizations abroad are divided into several main types. They differ mainly based

on the legal form of the organization, the distribution of responsibility, and the formation of

capital. The most common types of commercial organizations are listed below.

In the United States of America, the types of commercial legal entities are widespread and

highly adaptable. The most common types of organizations are:

1.

Limited Liability Company (LLC)

LLC is a limited liability company, and the liability of its members is limited to the amount of

capital they invest. This type of organization is widely used in the USA for small and medium-

sized businesses. An LLC can be established by one or more individuals.

2. Corporation (C-Corp, S-Corp)

Joint-stock companies (Corporations) are very common in the USA. They have two main types:

C-Corp and S-Corp. C-Corp shares can be sold to the public, and shareholders are only liable

for the value of their shares. S-Corp is applied to small businesses, and the profit is distributed

directly to the shareholders.

3. Partnership

A partnership is a joint venture established between two or more individuals. In foreign

countries, this form is widespread in small legal firms and consulting companies.

In Great Britain, commercial organizations are established in many different forms, which is

connected with the country's economic system and business culture. The most common species

are:

1.

Private Limited Company (Ltd)

In Great Britain, "Private Limited Company" or "Ltd" is a limited liability company. In this

type of organization, the liability of members is limited to the amount of capital they invested.

Also, the company's shares can be sold in a limited circle.

2. Public Limited Company (PLC)

PLC is a joint-stock company that issues shares to the public. This type of company is often

used for large businesses, and their shares can be freely traded on the stock market.

3. Partnership

The partnership system is also well-known in Great Britain. This refers to commercial activity

carried out on the basis of a contract between two or more persons.

In conclusion, the types of commercial organizations and their activities differ among countries

and are finding their place in the processes of global economic integration. Mutual study of

foreign experience and legal forms is of great importance in the creation of effective business

models and the introduction of innovations. Thus, the types of commercial legal entities and

their legal structure are leading to changes not only in the national but also in the international

business environment.

References:

1. Ózbekstan Respublikası Puqaralıq Kodeksi, Tashkent, «Yuridik adabiyotlar publish», 2024

2. Ózbekstanb Respubliksı «Xojalıq shirketleri haqqında»ǵı Nızam 2001-jıl 6-dekabr


background image

INTERNATIONAL JOURNAL OF ARTIFICIAL INTELLIGENCE

ISSN: 2692-5206, Impact Factor: 12,23

American Academic publishers, volume 05, issue 07,2025

Journal:

https://www.academicpublishers.org/journals/index.php/ijai

page 227

3. Fuqarolik huquqi: Darslik. I qism. Mualliflar jamoasi. O'zbekiston Respublikasida xizmat

ko'rsatgan yurist, prof. O.Oqyulovning umumiy tahriri ostida. T.: TDYU nashriyoti, 2017.-

311 bet

4. Топилдиев В. "Фуқаролик ҳукуки". І кисм. "Университет". -Т.: 2014. -288 б.

5. Zokirov I.B. Fuqarolik huquqi: Universitetlarning yuridik fakultetlari, yuridik instituti va

huquq asoslari oqitiladigan oliy oquv yurtlari talabalari uchun darslik. I qism/Mas'ul

muharrir. H.Rahmonqulov. 4-nashr. Qayta ishlangan va to'ldirilgan. -T.: TDYI nashriyoti,

2006.-354 bet

6.

Miller, R. L., & Jentz, G. A.

(2012). Business Law Today: Comprehensive Edition.

Cengage Learning.

7.

Brealey, R. A., Myers, S. C., & Allen, F.

(2011). Principles of Corporate Finance.

McGraw-Hill Education.

8.

Deakins, D., & Freel, M.

(2012). Entrepreneurship and Small Firms. McGraw-Hill.

References

Ózbekstan Respublikası Puqaralıq Kodeksi, Tashkent, «Yuridik adabiyotlar publish», 2024

Ózbekstanb Respubliksı «Xojalıq shirketleri haqqında»ǵı Nızam 2001-jıl 6-dekabr

Fuqarolik huquqi: Darslik. I qism. Mualliflar jamoasi. O'zbekiston Respublikasida xizmat ko'rsatgan yurist, prof. O.Oqyulovning umumiy tahriri ostida. T.: TDYU nashriyoti, 2017.-311 bet

Топилдиев В. "Фуқаролик ҳукуки". І кисм. "Университет". -Т.: 2014. -288 б.

Zokirov I.B. Fuqarolik huquqi: Universitetlarning yuridik fakultetlari, yuridik instituti va huquq asoslari oqitiladigan oliy oquv yurtlari talabalari uchun darslik. I qism/Mas'ul muharrir. H.Rahmonqulov. 4-nashr. Qayta ishlangan va to'ldirilgan. -T.: TDYI nashriyoti, 2006.-354 bet

Miller, R. L., & Jentz, G. A. (2012). Business Law Today: Comprehensive Edition. Cengage Learning.

Brealey, R. A., Myers, S. C., & Allen, F. (2011). Principles of Corporate Finance. McGraw-Hill Education.

Deakins, D., & Freel, M. (2012). Entrepreneurship and Small Firms. McGraw-Hill.