The legal capacity and legal capacity of a legal entity arises at what time?

As a full participant in civil interaction, the organization is always vested with legal capacity and capacity. Nevertheless, these qualities have significant differences from similar characteristics, which are fully recognized by the law for individuals. и какие же особенности влечет за собой соответствующий процесс? From when does the legal personality of a legal entity arise, and what are the specific features of the relevant process?

The concept of the organization's legal capacity

Civil law of the Russian Federation determines the legal capacity of the organization as its ability to be empowered with civil rights and fulfill the corresponding duties (including responsibility) through specific actions.

The State Code of the Russian Federation says that a legal entity is vested with civil rights and obligations through specific bodies that carry out their activities, guided by legislation and constituent documents. The procedure for electing these bodies is also determined in a legislative way or through constituent documents.

It should be noted that the organization can be endowed with rights and duties through participants who necessarily act in good faith and competently. его регистрации. The legal capacity of a legal entity arises from the moment of its registration. This factor is the most important distinguishing feature of organizations from individuals (regarding the aspect under consideration).

Concept of legal capacity of the organization

The legal capacity of a legal entity is understood as its ability to be endowed with specific civil rights and duties that are necessary for the development of any activity that does not contravene the law.

It should be noted that the civil legal capacity of a legal entity arises from the moment of its formation or after the acquisition of a special document (license). In other words, immediately after registration, the organization is vested with absolute legal capacity. If, for some reason, the organization is excluded from the single registry of the state or the license expires, this means that the legal capacity of the organization has been terminated.

It should be noted that the legal capacity of a public association as a legal entity also arises from the moment of registration in state bodies. She is endowed with a dual character. Thus, it is common (another name is universal) or special (limited). These concepts are discussed in detail below.

The emergence of the legal capacity and capacity of the organization

The legal capacity, as well as the legal capacity of a legal entity, arises from the moment of its registration with the relevant body or after the registration of the charter. In fact, this is their main distinguishing feature from the legal capacity and capacity of the individual.

It is important to note that in the literature the concept of "legal capacity" of an organization is often used. It is easy to guess that it appeared precisely because of the simultaneous occurrence of each of the elements of a given aggregate. This provision is fully confirmed by paragraph 3 of Article 49 and paragraph 2 of Article 51 of the State Code.

As is known, legal capacity for individuals arises strictly in accordance with the achievement of a specific age, often it depends on the state of health of the citizen. But for legal entities, the difference in the categories presented is, as a rule, absolutely irrelevant.

Varieties of legal capacity of legal entities

As it turned out in the previous chapters, the legal capacity of a legal entity arises from the moment of its registration with the relevant body (or after registration of the charter). An important aspect of this issue is the existence of a certain classification, which implies the allocation of general and limited legal capacity. The first is often called universal. It gives legal entities a useful opportunity, consisting in the implementation of absolutely all types of activities not prohibited by legislative acts. It should be noted that in this case, the constitutive documents of an organization should not contain an exhaustive list of types of activities that it has the right to implement. In other words, the UL can carry out absolutely any activity not prohibited by legislative acts.

Special legal capacity of the organization

The limited (special) legal capacity of a legal entity arises from the moment of its registration, but this is granted only to those organizations for which this legal capacity is established through legislative acts or constituent documents. The main difference of this type of legal capacity is the possibility of the legal entity only strictly defined activities. Important factors here are the social division of labor and the goals that higher authorities prescribe to a specific legal entity.

The management system of economic activity and the principle of legal capacity

The general or special legal capacity of a legal entity arises from the moment of state registration and strictly depends on the management system of economic processes. The principle of a special type of legal capacity determines, as a rule, a centralized system for managing economic activities.

It is important to note that in the market type of economy inherent in many countries in the world, the powerful regulation of the legal capacity of the organization as exclusively special does not in any way correspond to the requirements of the innovative mechanism of management. It is for this reason that a legal entity can promote any type of activity that does not conflict with its statutory goals (objectives). In addition, it should not be prohibited by law, which goes without saying.

Exceptions

There are also specific types of activities (their list is established in a legislative way), which the UL can deal with provided they have a special permit, called a license. Accordingly, it can be concluded that the legal capacity of the organization in any case is endowed with a targeted character, and the objectives of its charter, as a rule, are very diverse. For example, alongside with exclusively industrial ones, foreign trade or research activities can be set.

Such ample opportunities are provided to partnerships and business-type societies, cooperatives, as well as to other organizations with commercial characteristics. In addition, the proprietor of property rights or his authorized person may allow certain types of economic activities to be carried out by his own institution that has the characteristics of a non-profit.

Another aspect of the issue suggests that directly legislative acts significantly limit the opportunities of a number of organizations in terms of management. An example of this can be the entrepreneurial activity of certain public associations (political parties).

Licensing of the activities of organizations

с момента его регистрации или же после получения определенного разрешающего документа, именуемого лицензией. As noted above, the legal capacity and legal capacity of a legal entity arise from the moment of its registration or after receipt of a specific authorization document, called a license. It can be submitted to the appropriate authority in both paper and electronic form.

This type of documentation indicates that a particular legal entity fully complies with the licensing requirements for a particular type of activity that has been legislated. Among such requirements, the most important are:

• The existence of a particular organization of buildings, premises, equipment and so on.
• Availability of employees who have the qualifications necessary for the performance of a particular activity.
• Presence of a control system over production processes and so on.

Bodies and representatives of a legal entity

в момент его формирования, которое приурочено к регистрации посредством государственных органов (пункт 3 статьи 49 и пункт 2 статьи 51 ГК). As it turned out, the legal capacity of a legal entity arises at the moment of its formation, which is timed to registration by state bodies (clause 3 of article 49 and clause 2 of article 51 of the Civil Code). But for full participation in civil circulation, any organization should be endowed with not only legal, but also legal capacity. Thus, by its own actions, it is entitled to receive, form, implement and, of course, fulfill the necessary rights and obligations.

That is why it would be advisable to introduce such a term as a body of a legal entity (an individual is a single-person body or a group of persons is a collegial body) that represents the interests of an organization with respect to relations with other entities involved in the economic process and having Certain rights. It is important to note that this body does not have special powers, that is, the process takes place without a power of attorney.