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Корпоративное право. Наименование юридического лица и его представительства (самое важное)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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18. Name of the legal entity and its representative office

Civil law provides for the rules for the name and location of a legal entity. The names of non-commercial organizations, and in the cases provided for by law, the names of commercial organizations must contain an indication of the nature of the activities of the legal entity. The name and location of a legal entity are of great importance in the liability of a legal entity.

Each commercial organization must have a company name, which is entered in the Unified State Register of Legal Entities. Another firm cannot be registered under the same name. The use of the name of a legal entity is arbitrarily unacceptable, it is possible only with the consent of the copyright holder.

Illegal use of the name of a legal entity is regarded as unfair competition and entails liability in accordance with the legislation of the Russian Federation.

The location of a legal entity is determined by the place of its state registration.

The name and location of a legal entity are indicated in its constituent documents. A legal entity that is a commercial organization must have a company name. A legal entity whose trade name is registered in accordance with the established procedure has the exclusive right to use it. A person illegally using someone else's registered company name, at the request of the owner of the right to a company name, is obliged to stop using it and compensate for the losses caused. The procedure for registration and use of company names is determined by law and other legal acts in accordance with the Civil Code of the Russian Federation. In some cases, the right to a name may be limited by law.

A legal entity has the right to have representative offices and branches. Representative offices and branches are constituent parts of a legal entity, their civil legal capacity is derived from the civil legal capacity of a legal entity, they do not have it on their own and therefore cannot exercise it.

Representation - a separate subdivision of a legal entity, located outside its location, which represents the interests of the legal entity and protects them.

Branch - a separate subdivision of a legal entity located outside its location and performing all or part of its functions, including the functions of a representative office. A branch is authorized to perform more functions than a representative office, including the functions of a representative office.

Representative offices and branches are not legal entities. They are endowed with property by the legal entity that created them and act on the basis of the provisions approved by it. Heads of representative offices and branches are appointed by a legal entity and act on the basis of its power of attorney. Representative offices and branches must be indicated in the constituent documents of the legal entity that created them.

Author: Sazykin A.V.

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