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Corporate law. Types of legal entities provided for by the legislation of the Russian Federation (the most important)

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16. Types of legal entities provided for by the legislation of the Russian Federation

In accordance with Art. 50 of the Civil Code of the Russian Federation, legal entities can be organizations that pursue profit making as the main goal of their activities (commercial organizations) or do not have profit making as such a goal and do not distribute the profit received among participants (non-profit organizations). Legal entities that are commercial organizations may be created in the form of economic partnerships and companies, production cooperatives, state and municipal unitary enterprises. Legal entities that are non-profit organizations may be created in the form of consumer cooperatives, public or religious organizations (associations), institutions financed by the owner, charitable and other foundations, as well as in other forms provided by law.

The forms of carrying out the activities of non-profit organizations are regulated in more detail by the Federal Law of January 12, 1996 No. 7-FZ "On Non-Profit Organizations" and the Federal Law of August 11, 1995 No. 135-FZ "On Charitable Activities and Charitable Organizations".

Public and religious organizations (associations) are recognized as voluntary associations of citizens who, in accordance with the procedure established by law, have united on the basis of their common interests to satisfy spiritual or other non-material needs. Public and religious organizations (associations) have the right to carry out entrepreneurial activities corresponding to the goals for which they were created. A feature of public and religious organizations (associations) is that the participants (members) do not retain the rights to the property transferred by them to these organizations in ownership, including membership fees. Participants (members) of public and religious organizations are not liable for the obligations of these organizations, and these organizations are not liable for the obligations of their members.

All business partnerships and companies are commercial organizations.

Types of legal entities may be determined based on what powers its founder (participant) has in relation to the property of a legal entity. There are three types of legal entities:

1) legal entities in respect of which their participants have rights of obligation (economic partnerships and companies, cooperatives);

2) legal entities in respect of whose property the founder has the right of ownership or other property right (state and municipal unitary enterprises, including subsidiaries and institutions financed by the owner);

3) legal entities in respect of whose property the participants do not have property rights (public, religious organizations, various types of foundations).

Author: Sazykin A.V.

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