What is the difference between individuals and legal entities? Physical created by nature, and legal - just by other persons. They act on the basis of special acts and regulations.
General definition of legal entities and individuals
In order to understand how a legal entity differs from a physical one, it is necessary first of all to know their definitions. Both those and others can enter into business relations within the framework of the law, taking on certain obligations. At the same time, they receive specific opportunities for the implementation of their goals.
Individual
What is the difference between a legal entity and an individual? We will analyze the second category of subjects in more detail. An individual is a citizen of the Russian Federation, a foreigner, and even a person who does not have citizenship, but is endowed with certain duties and rights upon his existence. He acts as a subject of legal relations, has legal and legal capacity. Individuals may vary in age, material condition, place of residence, nationality.
Entity
How to distinguish a legal entity from a physical one? Yur. the person is called an enterprise - an organization that was created by a citizen and passed legal registration. Firms can be commercial and non-profit, possess certain property and take part in economic, economic activity and dispose of only separate property on the balance sheet.
Legal entities can conclude contracts and make legal transactions, participate in court hearings as defendants or plaintiffs. And also they can exercise their rights and fulfill these obligations.
Responsibilities and Opportunities
The rights of individuals are determined by regulatory documents, according to which a person can own property, get a job, study, get married, get married, etc. In legal acts for legal entities. persons freedom of action is prescribed within a certain framework, according to duties and rights, the terms of the contract are determined, which do not contradict regulatory documents.
Responsibilities and opportunities of legal entities and individuals are closely interrelated. This is manifested in the fact that the possibility of one is the duty of the other. When striving to get more rights, which violates the business balance, the relationship between individuals and legal entities may be deformed.
Legal capacity of individuals
The legal capacity of an individual means certain responsibilities and the implementation of goals and opportunities. Individuals and legal entities: what is the difference between them? Fiz. a person has the right:
- own property;
- inherit and bequeath material values;
- engage in entrepreneurial activity;
- create legal persons and take an active part in them;
- perform any actions and transactions that are not contrary to the law;
- choose a place of residence;
- to possess copyrights to everything that was created by the physical. person in person (products of intellectual activity, works of art, science, etc.).
Legal capacity
Consider further individuals and legal entities. The difference between them, first of all, is manifested in the fact that physical. a person can be of any nationality, choose a place of residence, become an entrepreneur of his own free will at any time, etc., provided that the person has legal capacity.
That is, he must be able to fulfill the obligations defined by law and enjoy his rights. A competent person can only become a person of legal age. And after that it is allowed to interact with legal entities.
Distinctive features
Individuals and legal entities how do they differ? The difference lies in the definition itself. A legal entity may appear only after legal registration with state bodies. An individual gains status according to the fact of his existence. Thus, legal entities and individuals differ initially in the acquisition of the ability to fulfill their desires and achieve their goals.
What is the difference between individuals and legal entities: the main differences
A legal entity may be formed by a physical person. Education takes place in accordance with the law. Registration of legal persons are held in special state bodies that are also involved in liquidation. This is the second main difference, since an individual is not subject to destruction.
The status of "legal entity" can register as one or a group of people. After registration, a name appears that other jurors cannot use. faces. Physical ones have names that may belong to other citizens.
Structure
What is the difference between a legal entity and a physical one? Organizations, unlike individuals, have some requirements:
- process control;
- organizational unity;
- orderly relationships.
All the main points are entered into the charter, which is subject to mandatory registration. A legal entity is created on the basis of a combination of personal efforts and capital of participants and their property.
Decisions are made at general meetings. They compose conditions, focus of activities and equity participation. The organization has a memorandum of association, which prescribes the rights and obligations of participants, and for non-compliance with the conditions - applicable penalties.
A legal entity can be registered as one person or as a group of people. If the founder is one, he is the sole owner and director of the enterprise.
Separation of property
What else is the difference? An individual from a legal entity is distinguished by another important point. This is a separate property. It may be in management, ownership or economic use. But it is used only for business and goals. Individuals can dispose of their property not only for their own business, but also for other purposes.
A responsibility
What is the difference between individuals and legal entities? Yur. persons can be brought only to administrative and civil liability, and individuals - in addition to criminal and disciplinary. Fiz. a person is always determined in the singular, and a legal entity may consist of a group of people.
In relation to physical. persons can be prosecuted. And liquidation is only the natural death of a person. Otherwise, this is violence, which is punishable by law. There is such an option as bankruptcy. The financial insolvency procedure can be applied to an individual in the same way as to a legal entity.
Entities may enter into transactions between themselves. But at the same time, a legal entity is responsible for its debt only with those real estate assets that are on the balance sheet of the enterprise. And an individual is liable for debts with all the property that he owns. The organization can be declared bankrupt or liquidated, but imprisoned as a physical. face - impossible.
As soon as the registration has passed, the legal entity acquires the duties and rights for which it must be responsible. And physical. a person gives a report on his actions only after reaching the age of majority.
Registration physical and jur. of persons
Individuals, as well as legal entities, get the right to engage in entrepreneurial activity only after registration. But this procedure is slightly different for organizations than for individuals. persons.
Exceptions for individuals
There are exceptions to the legislation as to when it is possible to engage in commercial activities without state registration. From the age of 14 to 18, young people have the right to independently make transactions:
- household;
- aimed at acquiring gratuitous benefits that do not require state registration or notary certification;
- to dispose of the funds that were provided to the minor aimlessly or for specific purposes;
- invest own funds in credit institutions;
- dispose of donated money and other income at its discretion;
- join cooperatives.
All responsibility for the legal commission by minors of any transactions lies with their parents, adoptive parents or guardians.
Features of investing
What is the difference between individuals and legal entities? Individual entrepreneurs, unlike legal entities, often do not have the opportunity to turn the results of their activities into income and reinvest money in the development of their own business.
In particular, it is a question of the fact that a person can not bother creating and registering a legal entity, but engage in simple entrepreneurial activity. For example, to drive people in your car, to give lectures, etc. And a legal entity has more opportunities, since the activities of enterprises are aimed not only at generating income, but also at developing and expanding the business. Organizations (legal entities) can take a larger loan amount than an individual. Moreover, the lending conditions in banks for legal entities and individuals are different.