Ownership of legal entities: how is formed, to whom is transferred

Legal entities, by definition, are created in order to be independent units of market or public relations. Therefore, the ownership of legal entities is legally separated from the ownership of individuals. By creating a commercial organization in any legal form (whether it be a limited liability company or a business partnership), an individual transfers certain of his property (most often it is a matter of cash contributions - registered capital) to the ownership of the new organization. Consequently, this property, including financial, cash receipts and funds, intangible assets, falls under the ownership of legal entities (as market participants).

legal ownership

The private property right of legal entities is intended to ensure, first of all, the observance of the interests of creditors. This is what determines the legal requirements for a legal entity to own property. In many countries, a prerequisite for the formation of a company is the availability of certain material security - authorized capital or property - and the size of this material security, as a rule, has only a lower limit. That is, the ownership of legal entities implies that the upper limits are not established (by definition, they cannot be), while the minimum level of authorized capital is defined differently everywhere (from 1 pound in the UK to several tens of thousands of euros, say, in Germany) . At the same time, the subjects of ownership of legal entities are either the legal entity itself, or its branches, divisions, subsidiaries.

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private ownership of legal entities
Legislators, in order to ensure the fulfillment of obligations of legal entities, also determine the immutability of the monetary expression of tangible and intangible assets. For example, in theory, property rights of legal entities can also extend to know-how, knowledge, experience, best practices, intellectual property and copyright. However, intangible assets cannot be the only property! Such measures are designed to eliminate the abuse and formation of dummy organizations, one-day organizations, fraudulent companies that assume obligations that they obviously will not be able to fulfill, since they do not have the appropriate material support.

subjects of ownership of legal entities

If a legal entity operates normally in the market, generating profits that can already be divided between investors, owners, and owners, then everything that the organization acquires (including land, real estate, means of transport, equipment, right of claim, bank accounts and other) or receives from individuals and legal entities - remains in its ownership. The situation is more complicated when the organization becomes insolvent and is forced to undergo bankruptcy proceedings. In this situation, ownership is of particular importance. Legal entities are not affected by the automatic transfer of rights to the owners of the company, which may be individuals. First, the property of the organization is evaluated, then the bankruptcy estate is formed , from which debts and obligations to creditors are first repaid. And only from the amount that remains after payment of all debts (liquidation quota) can the property of the owner-individual be reimbursed in property or money equivalent, which previously transferred it to the ownership of a legal entity. If we are talking about a non-profit organization (that is, it was not originally created with the aim of making a profit), then a private person will not be able to get back fees or property transferred to her.

Source: https://habr.com/ru/post/G11315/


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