The concept of a legal entity is spelled out in article 48 of the Civil Code. In accordance with it, the concept of a legal entity applies only to organizations that have their own property in economic management, ownership or operational management and are liable for this obligation with this property . Also, organizations covered by the concept of a legal entity can, on their own behalf, exercise and acquire property as well as personal non-property rights. They have the duty to be a defendant and plaintiff in court. At the same time, organizations falling under the concept of a legal entity are required to have an independent estimate or balance.
The concept and essence of a legal entity allows you to highlight its main features:
Let us examine what constitutes the concept and essence of a legal entity.
The main feature of a legal entity is property independence.
A legal entity shall have the right to possess property on the right:
- property
- economic management
- operational management.
As a rule, legal entities are the owners of property transferred to them by the founders. A legal entity must have authorized capital (UK), the amount of which is provided for by certain regulatory legal acts. For example, the minimum CC of an open company should be not less than a thousand times the minimum wage established by the Federal Law at the time of registration of the company. At the same time, the minimum CC of a closed company is normatively determined in the amount of not less than a hundred times the minimum wage established by the Federal Law at the time of state registration
No less significant is the sign of organizational unity. It consists in the fact that any legal entity is an organization with a certain structure, and sometimes representative offices and branches, management bodies, which are prescribed in the constituent documents.
Another significant sign is the independent responsibility for obligations with own property. All legal entities, with the exception of those funded by the owners of institutions, are liable for their obligations with all property belonging to them.
At the same time, if the bankruptcy (insolvency) of a legal entity is caused by participants (founders), then the owner of the property or other persons entitled to give binding instructions for this legal entity may be held subsidiary liable for existing obligations, if the legal entity’s own property is insufficient.
All legal entities act on their own behalf in civil circulation, can be a defendant and plaintiff in court. A legal entity must have its name, which contains an indication of its organizational legal form. The name of the organization, as a rule, contains an indication of the type of activity carried out by a legal entity.
For brand names, the law provides for certain requirements.
Possible bodies of a legal entity, the concept, types are also prescribed in the Civil Code in article 53. But it cannot be said that the legislation clearly regulates what constitutes the bodies of a legal entity, the concept and types, hence the many possible disputes.
Legal entity bodies, concept, types, can be grouped, for example:
By such a sign as the mandatory creation of a certain organizational and legal form in the structure of the organization: optional and binding bodies. The creation of the former is often prescribed by law. At the same time, bodies can be formed without legislative indications of such an opportunity, based on the position of the organization’s internal documents (additional bodies).
The legislation sometimes provides for the creation of one body from several possible (alternative bodies), etc.