A legal entity is a firm that hasproperty (detached), located in its economic management, operational management or property. Such an enterprise may conclude contracts on its own behalf and exercise various rights, as well as bear responsibility, acting in court as a plaintiff or a defendant.
To a legal entity, the form of the company is considered, if:
- unity or organizational order;
- Separate property;
- the right to speak in court and in civil relations on its own behalf;
- to bear the independent responsibility for the property.
Legal entities have civil rights,which correspond to the goals recorded in their constituent documents. Legislation also establishes responsibilities that are directly related to the activities of the business entity. Possession of these legal capabilities is the legal capacity of an organization that is able to be realized through its bodies. This tool of the business entity forms and expresses its will.
The bodies of the legal entity are called upon to carry outmanagement of its functioning. They are also a tool acting in the turnover of property on its behalf. Thus, their work is recognized as the action of a directly legal entity. Being a part of the organization itself, this legal instrument does not have autonomy. In this regard, he does not need to confirm his actions with a power of attorney.
Органы юридического лица могут функционировать на basis of representation of one person. In his capacity, the general director (director), as well as the president, the chairman of the board and so on, can act. In this case, this legal instrument is classified as single.
Organs of a legal entity also meet andcollegiate. This type of government is created in societies and partnerships, public organizations and cooperatives, unions and associations, that is, in corporate associations whose work is built on the basis of membership. The supreme body in such legal entities is a meeting of all its participants. Collegial decisions can be made in various funds, where board of trustees are created, as well as in scientific and educational institutions.
Единоличные органы юридического лица назначаются or elected by its founders. Participants of any society have the rights to create a collegial instrument (board or council). The individual governing bodies of the legal entity are also elected by them.
Одновременно с возникновением правоспособности у enterprise appears and capacity. It means the obligation of a legal entity to be held liable for property damage, if such was caused by its actions. It is likely that situations arise when employees of an organization, performing their labor duties, cause material damage to someone. And in such cases, a legal entity is not in a right not to answer for their misconduct, since members of the labor collective fulfill its will.
Правоспособность и дееспособность вновь formed organizations arises from the date when the registering body of legal entities takes an appropriate decision. The functions of this competent representative of the state include checking compliance with all requirements that are mandatory for all newly formed business entities. After the registration of all necessary documents, information on these organizations becomes public because they are entered in a special register, which is the same for all legal entities. The business entity can terminate its activities by conducting a liquidation or reorganization procedure.
