The concept of a legal entity
The concept of a legal entity is spelled out in Article 48GK. In accordance with it, the concept of a legal entity refers only to organizations that have their property in economic management, property or operational management and is responsible for this by their property. Also, organizations that are subject to the concept of a legal entity, it is possible to implement and acquire property, as well as personal non-property rights, on its own behalf. They are responsible for being the defendant and the 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 us to distinguish its main features:
We will analyze what is the concept and essence of the legal entity.
The main feature of a legal entity is property independence.
A legal entity has the right to possess property on the right:
- economic management,
- operational management.
As a rule, legal entities areowners of property transferred to them by the founders. A legal entity must have an authorized capital (MC), the amount of which is provided for by certain regulatory legal acts. For example, the minimum authorized capital of an open society must be at least 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 authorized capital of a closed company is normatively determined in the amount not less than one hundred times the minimum wage established by the Federal Law at the time of state registration
No less important is the sign of organizational unity. It consists in the fact that any legal entity is an organization with a certain structure, and sometimes representations and branches, management bodies, which are prescribed in the constituent documents.
Another significant feature is the independentresponsibility for obligations with own property. All legal entities, with the exception of those financed by the owner of institutions, are liable for their obligations with all property belonging to them.
At the same time, if bankruptcy (insolvency)of the legal entity is caused by the participants (founders), then the owner of the property or other persons entitled to give mandatory instructions for this legal entity may be assigned subsidiary responsibility for the existing obligations, in the event that the legal entity's own property is insufficient.
All legal entities act on their own behalf incivil turnover, can be a defendant and a plaintiff in court. A legal entity necessarily has 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 the legal entity.
On the brand names the legislation provides for certain requirements.
Possible bodies of the legal entity, concept, typesare also registered in the Civil Code in Article 53. But it can not be said that the legislation clearly regulates what the bodies of a legal entity, concept and types are, hence the set of all sorts of controversial situations.
Bodies of the legal entity, concept, types, are liable to grouping, for example:
On this basis, as the obligation to create instructure of the organization of a certain organizational and legal form: optional and mandatory bodies. The creation of the former is often prescribed by law. In this case, the bodies can be formed and without legislative instructions for such an opportunity, based on the position of internal documents of the organization (additional bodies).
Legislation sometimes provides for the creation of one body from several possible (alternative bodies), etc.