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Corporate law. Concept and characteristics of a legal entity (the most important)

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15. The concept and features of a legal entity

According to the Civil Code of the Russian Federation, a legal entity is recognized as an organization that owns, manages or manages separate property and is liable for its obligations with this property, can acquire and exercise property and personal non-property rights on its own behalf, bear obligations, be a plaintiff and defendant in court .

Signs of a legal entity:

1) is an organization;

2) has separate property;

3) the property belongs to the organization on the right of ownership, economic management or operative management;

4) is liable for its obligations with this property;

5) may exercise and acquire property and personal non-property rights on its own behalf;

6) may perform duties on his own behalf;

7) have the right to be a plaintiff and a defendant in court. Legal entities must have independent

balance or estimate. Such a balance or estimate is one of the signs of the isolation of the property of a legal entity and the independence of the organization. Subdivisions of a legal entity may also have their own balance sheet, however, such a balance sheet cannot be recognized as independent, since it does not reflect all the costs of a subdivision of a legal entity.

A legal entity as a participant in civil transactions has legal capacity and legal capacity. The legal capacity and legal capacity of a legal entity in many respects are different from civil legal capacity and legal capacity.

The legal capacity of a legal entity means that a legal entity may have civil rights corresponding to the objectives of the activity provided for in its constituent documents, and bear the obligations associated with this activity.

Distinguish between general and special legal capacity.

The legal capacity of a legal entity arises at the moment of its creation and terminates at the moment of completion of its liquidation.

The right of a legal entity to carry out activities for which a license is required arises from the moment such a license is received or within the period specified in it and terminates upon the expiration of its validity period, unless otherwise provided by law or other legal acts.

A legal entity is subject to state registration with an authorized state body in the manner determined by the Federal Law of August 8, 2001 No. 129-FZ "On State Registration of Legal Entities and Individual Entrepreneurs". State registration data are included in the Unified State Register of Legal Entities, open to the public.

Documents related to the state registration of a legal entity are contained in the registration file of this legal entity, which is part of the state register.

Author: Sazykin A.V.

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