Signs of a legal entity, concept and functions.
A legal entity is nothing more than aan organization that has in economic management, ownership or operational management any separate property, as well as its obligations with this property is responsible. Such an organization can, on its own behalf, exercise and acquire personal non-property and property rights, be a defendant and a plaintiff in court, bear obligations. Legal entities have their own estimate and balance.
Legal persons: concept, signs, classification.
Legal entities are called special entities that have certain specific characteristics that are formed and terminated in a special order.
Before considering the signs and typeslegal entities, it is necessary to understand what functions the given institution performs. First of all, this is the formulation of collective interests. The Institute of the legal entity organizes, organizes internal relations between its participants, and also transforms their will into the will of the whole organization, while allowing it to act on its own behalf in civil circulation. The second function is the pooling of capital. It means that a legal entity (especially a joint-stock company) is the optimal form for long-term centralization of capital. The third function is to limit entrepreneurial risk. The participant's property risk can be limited by the amount of the contribution to the total capital of any particular enterprise due to the design of the legal entity. The fourth function is money management. This refers to the possibility of more flexible use of capital, which belongs to one person in different spheres of entrepreneurial activity.
Signs of a legal entity are nothing butInternal properties that are inherent in it, and each of them is necessary. And all together the signs of a legal entity are sufficient to recognize an organization as a subject of civil law.
Legal entities in the Russian Federationmust pass the procedure of state registration, and most of them have seals, bank accounts, but these are only external attributes that do not completely reflect the essence of the legal entity.
Currently, the features of a legal entity are divided into four groups:
1. The legal entity manifests its organizational unity in a certain hierarchy, as well as the subordination of the management bodies (collegial or sole) that make up its structure. In addition, it manifests itself in a clear and precise regulation of all relations between the participants.
2. Signs of a legal entity continue the following sign: with the help of a separate property, a material base is created for the activity of this entity. For any practical activity, the relevant tools are required: knowledge, technical equipment, money. Proceeding from this, the property separation of a legal entity is nothing more than the unification of such instruments into a whole property complex that belongs to this organization, as well as its delimitation from property belonging to other persons.
3. The third sign - any legal entity is only independently responsible for its own obligations.
4. The fourth sign is that since a legal entity acts in civil circulation exclusively on its own behalf, it has the opportunity to acquire, exercise civil rights, perform duties on its own behalf. In addition, it can act as a defendant and a plaintiff in court. This feature is considered the final and at the same time is the goal for which the legal entity is actually created.