Corporate law. The concept of partnership of faith, its signs (the most important)

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Corporate law. The concept of partnership of faith, its signs (the most important)

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46. The concept of partnership on faith, its features

Business partnerships are created in two forms: in the form of a limited partnership and a full partnership. The scope of their capacity does not match completely. A general partnership consists exclusively of general partners, and a partnership on faith (limited partnership) is a partnership in which, along with participants engaged in entrepreneurial activities on behalf of the partnership and liable for the obligations of the partnership with their property (general partners), there is one or more participants-contributors (limited partners), who bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made by them and do not take part in the implementation of entrepreneurial activities by the partnership. Participation in the corporation of such persons is impossible in a full partnership.

The characteristics of a partnership in faith are as follows:

1) is a legal entity;

2) is organized in the form of a limited partnership;

3) it consists of participants who are general partners or contributors;

4) general partners are liable for the obligations of the general partnership with all their property;

5) limited partners (participants-contributors) bear the risk of losses associated with the activities of the partnership, within the limits of the amounts of contributions made by them;

6) limited partners do not take part in the management of the limited partnership.

Members of a limited partnership can be both individuals engaged in entrepreneurial activities and legal entities.

The legal status of a general partnership and a limited partnership is largely similar, in most cases the rules governing the position of a limited partnership are similar to the rules on a full partnership, however, they are significantly supplemented by the rules on contributors who do not participate in the management of the partnership and have other legal features. status as members of a limited partnership. The position of general partners participating in a limited partnership and their liability for the obligations of the partnership are determined by the rules of the Civil Code of the Russian Federation on participants in a general partnership.

The activities of a limited partnership are entrepreneurial, and the limited partnership itself is a commercial organization.

The Civil Code of the Russian Federation establishes a rule according to which the company name of a limited partnership must contain either the names (names) of all general partners and the words "limited partnership" or "limited partnership", or the name (name) of at least one general partner with the addition of the words "and company" and the words "limited partnership" or "limited partnership".

The legal status of a limited partnership is determined by the constituent agreement, which is the main and only constituent document of such a partnership. The memorandum of association is signed by all general partners. The investors of the limited partnership do not conclude or sign the constituent agreement. Registration of a limited partnership is terminated by its liquidation.

Author: Sazykin A.V.

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