Being one of the dominant subjects of the private law sphere, a legal entity simply had to become the object of numerous studies by both legal scholars and practitioners in this industry. The main issue that determines its status is the legal capacity of a legal entity, as well as the specific framework for its distribution in civil circulation.
For a fuller coverage of the problem, it is necessary, first of all, to clearly define the concept of this phenomenon. So, most authors believe that a legal entity should be understood as a special association, which is characterized by three main features: property, separated from the things of the founders, the presence of a constituent (organizational) document and complete independence in committing intentions. It is on these characteristics that the legal capacity of legal entities is built, and one of them determines the classification of species.
The main to determine the legal personality of the person in question are its constituent (they are also organizational) documents. In fact, the legal capacity of a legal entity lies in them. And only with their help the state registration bodies determine the range of rights, establishing their general or special type.
Speaking of general legal capacity, experts point out the fact that a legal entity has the right to perform all those actions that lead to the achievement of the desired goal set forth in the organizational documents, and which do not contradict the provisions of the legislation of the country of operation.
Unlike the first, the special legal capacity of legal entities is also laid down in organizational documents, but it clearly regulates the activities that are allowed to be performed. A special view does not severely limit the set of tools that a legal entity can operate on. It’s just that the latter does not have the right to arbitrarily change his focus, but is obliged to make changes to the necessary documents. In addition, there is another factor in the allocation of special legal capacity, namely: engaging in activities subject to licensing conditions.
However, in both cases, the legal capacity of a legal entity arises only when the final decision was made by the authorized state registration authority and a certificate of completion of the necessary procedures was issued. It is worth noting that this act is accompanied by the emergence of another element of legal personality.
Legal capacity and legal capacity of a legal entity always accompany each other. And if for an individual there are certain restrictions due to a number of factors, then in relation to these subjects, the situation is different.
Both legal capacity and legal capacity of a legal entity are limited only by constituent documents and special permits developed and issued on the basis of the legislation of the country. And, therefore, from the moment they are approved, a legal entity has the entire spectrum of legal personality. But the situation is somewhat different when a legal entity is represented by its bodies, through which the first exercises its legal personality.
The main opinion of the legislation on this issue is that the implementation of the legal personality of a legal entity by its representative bodies is possible only when such actions are laid down in the charter (organizational) documents. Consequently, the legal capacity of a legal entity can be expressed only through these structures.