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11. Subjects of corporate legal relations
The subjects of corporate legal relations are the subjects of specific relations that have the rights provided for by corporate norms and are endowed with rights and obligations in accordance with these norms.
The subjects of corporate legal relations must have legal personality.
A feature of the corporate law of the Russian Federation is that its specifics are collective entities. It is this organizational moment that forms the basis for the unification of corporate norms into a sub-branch of corporate law of the Russian Federation within the civil law of the Russian Federation. A feature of the subjects of corporate law of the Russian Federation of this group is that they exercise private legal personality.
Among the subjects of corporate legal relations, there are collective and individual, realizing private legal personality.
The subjects of corporate relations include economic partnerships and companies.
Business companies are an association of capital, and business partnerships are organizations that are mainly an association of persons.
A business partnership can exist in two forms: a limited partnership and a general partnership.
Business companies are created in one of the three forms provided for by the Civil Code of the Russian Federation: limited liability company, additional liability company and joint-stock company.
A business company is recognized as dependent if another (predominant, participating) company has more than 20% of the voting shares of a joint-stock company or 20% of the charter capital of a limited liability company.
Individual subjects of corporate legal relations are individuals who have rights and obligations determined by the norms of corporate law of the Russian Federation.
A limited partnership implies the existence of two types of individual subjects of corporate legal relations: general partners and limited partners.
Limited liability companies and additional liability companies include participants who have rights and obligations in relation to the company.
Members of a joint-stock company are called founders or shareholders.
Bodies of a legal entity are special subjects of corporate legal relations (Article 53 of the Civil Code of the Russian Federation). They are full subjects of corporate legal relations.
The subject of corporate legal relations can be an individual entrepreneur, but only in a certain capacity, in this case, his legal status acquires a somewhat specific shade compared to general civil law. Such a subject performs a rather specific function in corporate legal relations.
By decision of the general meeting of shareholders, the powers of the executive body of the company may be transferred under an agreement to another commercial organization or an individual entrepreneur (manager).
Author: Sazykin A.V.
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