Commercial law. Individual entrepreneurs and their legal status (lecture notes)

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Commercial law. Individual entrepreneurs and their legal status (lecture notes)

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LECTURE No. 9. Individual entrepreneurs and their legal status

From the moment of state registration as an individual entrepreneur, citizens have the right to engage in entrepreneurial (including commercial) activities without forming a legal entity. Entrepreneurial activity of citizens without the formation of a legal entity is a simple form of organizing entrepreneurial activity. Registration of individual entrepreneurial activity is carried out at the place of residence of the future entrepreneur. The principle of general legal capacity applies to all entrepreneurs, including individual ones, therefore they have the right to make any transactions, except for those that are specifically prohibited by law. Certain types of business activities require special permission - a license. Legislation regulates the consequences of illegal activities associated with conducting business activities without state registration. In cases related to the representation of an entrepreneur, the entrepreneur is the represented person himself, i.e. the person on whose behalf legal actions are performed by the representative and for whom the legal consequences of these actions arise. The law speaks of extending the principle of full responsibility to individual entrepreneurs, according to which an individual entrepreneur is liable for his obligations with all his property. By decision of the arbitration court, an individual entrepreneur may be declared insolvent (bankrupt) if he is unable to satisfy the claims of creditors related to the individual entrepreneur’s business activities. From the moment the arbitration court makes a decision to declare an individual entrepreneur bankrupt, his registration as an entrepreneur without forming a legal entity loses its force.

An integral part of the right to entrepreneurship is the right of entrepreneurs to own property: to own, use and dispose of it, both individually and jointly with other persons.

A citizen carrying out entrepreneurial activities without forming a legal entity, not registered as an individual entrepreneur, does not have the right to refer to the fact that he is not an entrepreneur in relation to transactions concluded by him. The court may apply to such transactions the rules of the Civil Code of the Russian Federation on obligations that are associated with the implementation of entrepreneurial activities.

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