Civil law. Parts I, III and IV. The emergence and termination of a legal entity (LE) (the most important)

Lecture notes, cheat sheets
Free library / Directory / Lecture notes, cheat sheets

Civil law. Parts I, III and IV. The emergence and termination of a legal entity (LE) (the most important)

Lecture notes, cheat sheets

Table of contents (expand)

10. ORIGIN AND TERMINATION OF A LEGAL ENTITY (LE)

Methods for creating a legal entity. 1. Administrative procedure. A legal entity arises on the basis of an order of a public legal body; state registration is not required (it was in the USSR, it does not apply in the Russian Federation).

2. Permitting procedure. To form a legal entity, permission from the competent government authority and subsequent state registration are required (was in the USSR; in the Russian Federation it is used for the formation of credit and insurance organizations, unions and associations, etc.).

3. Regulatory appearance procedure. Regulatory acts regulate the procedure for the emergence and activities of certain types of legal entities; compliance with this procedure gives the right to recognition of the organization as a legal entity, certified by the fact of its state registration (currently in the Russian Federation and other countries).

4. Appearance procedure (contractual). A legal entity is created as a result of the expressed intention of the participants to act as a legal entity in the absence of the fact of its state registration (not applicable in the Russian Federation).

Termination of LE carried out in an orderly and voluntary manner. Distinguish between reorganization (the rights and obligations of a terminated person are transferred to another person) and liquidation (termination of a person without transferring his rights and obligations to someone else).

Reorganization carried out: merging, accession, separation, separation and transformation. Mandatory: prior notice to creditors who have the right to demand termination or early performance of obligations and compensation for losses. Depending on the method of reorganization, it is drawn up by a deed of transfer (in the event of a merger, acquisition, transformation) or a dividing balance sheet (in the event of division, spin-off); is considered completed at the time of state registration of newly created legal entities.

Liquidation of a legal entity. Creditors' claims are satisfied in order of priority. First of all, the demands of citizens for causing harm to life or health; in the second - payments to employees of the liquidated legal entity; thirdly, the claims of creditors for obligations secured by a pledge of property of the legal entity being liquidated are satisfied; fourth - debts on obligatory payments to the budget and extra-budgetary funds are repaid; fifth - settlements are made with other creditors. The claims of each successive creditor are satisfied after the claims of the previous one are fully satisfied; if the property of the liquidated legal entity is insufficient, it is distributed among the remaining creditors in proportion to the amounts of claims to be satisfied; claims of creditors that are not satisfied due to the insufficiency of the property of the legal entity being liquidated are considered repaid.

A legal entity in connection with its bankruptcy takes place in accordance with the Civil Code of the Russian Federation and the Law "On Insolvency (Bankruptcy)" of 2002. The procedure for bankruptcy of a legal entity and a citizen, including an individual entrepreneur, is different. The order of satisfaction of creditors of a legal entity in case of bankruptcy: out of order, the debts incurred in connection with the costs of the bankruptcy procedure are paid, and then the priority indicated above is observed.

<< Back: Legal entities as subjects of civil legal relations

>> Forward: The state as a subject of civil legal relations

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ International Auditing Standards. Crib

▪ Control theory. Crib

▪ Faculty Therapy. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive

From rhubarb - not only compote 31.08.2001

Rhubarb, like many other members of the buckwheat family, contains tannins.

German experts suggested using an environmentally friendly extract of rhubarb roots instead of poisonous chromium salts when dressing leather. The harvest per hectare is enough to produce ten thousand pairs of shoes. Automotive firm "Audi" intends to test leather seats, processed in a new way.

In addition, the petioles of rhubarb leaves are suitable for the production of detergents. And, as you know, they make delicious compote, and all this without the slightest harm to the environment.

Other interesting news:

▪ Iron irons vertically

▪ Tattoos make you sweat

▪ New biomaterial to replace human bones

▪ Laser glucometer

▪ PHILIPS introduced a mirror-TV

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ Telephony site section. Article selection

▪ article Psycho-emotional reactions to an extreme situation. Basics of safe life

▪ article Why was the English king nicknamed the old brass nose? Detailed answer

▪ article Worker cutting bread. Standard instruction on labor protection

▪ article Joiner's glue. Simple recipes and tips

▪ article Standards for testing electrical equipment and devices for electrical installations of consumers. Breakdown voltages of arresters and arrester elements at a frequency of 50 Hz. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages of this page

Home page | Library | Articles | Website map | Site Reviews