A legal entity is an organization that has at its disposal separate property, which meets its own obligations, acquires rights, and acts in court as a defendant or plaintiff. The procedure for the formation of commercial enterprises is established by law.
Creation goals
Legal entities are formed for:
- Centralization and separation of property for subsequent participation in civil circulation.
- Reducing the entrepreneurial risk of members of the company due to the independent responsibility of the organization for obligations.
- Securing the interests of creditors by establishing a minimum authorized capital.
Company Signs
The main characteristics of legal entities include:
- Organizational unity. It means that the company is a single whole, having the internal structure necessary to manage and achieve the goals of creation. Organizational unity is expressed in the system of bodies of the company, their relationships, competence, as enshrined in the constituent documentation.
- Property isolation. It means the organization has its own material values. Property acts as a necessary prerequisite for participation in the turnover. Material values may be in operational management, ownership or in economic management. The organization should have an estimate and an independent balance sheet.
- Property liability. In accordance with the general procedure, the organization is liable for its obligations with the property that it has at its disposal. Exceptions are institutions funded by the owner. In some cases, provided subsidiary liability participants for the obligations of the company.
- Ability to acquire rights, repay debts, act as a defendant / plaintiff. The legal capacity is acquired directly by the organization, not its founders.
Regulatory capabilities of participants
The founders of a company in relation to its property:
- Property rights. They are vested in unitary (municipal and state) enterprises, as well as institutions financed by the owner.
- Obligatory Rights. They have business companies and partnerships, consumer and production cooperatives.
- May not have any rights. This situation is typical for foundations and public associations.
State registration
A legal entity is subject to registration with the competent authority according to the rules established in the relevant federal law. Information on state registration is included in the register. The registry is open for public inspection. The legislation provides for cases of refusal to register an organization. If such a decision is made, it may be challenged in court.
The right to a means of individualization of a legal entity
Any company created and registered in the prescribed manner should be identified among the general mass of other firms. To do this, use the means of individualization of legal entities, goods that they produce. The company participating in the turnover must have its own name. It is established in the constituent documentation and is registered in the register during registration. The law provides for the obligation of organizations to have a full name and the right to determine the abbreviated name of the company.
Specificity
In legislation, the possibility of having a company name by which the individualization of a legal entity will be carried out is recognized as exceptional. It arises from the date of registration of the company and ends on the day the name is removed from the Unified State Register of Legal Entities in connection with the liquidation of the company, change of name, refusal of the owner of the company, transfer to the new owner, as well as due to reorganization. Legislation does not allow disposal of the exclusive right to a name. In accordance with the Paris Convention governing the protection of industrial property, a company name is subject to protection in all countries that have signed this document without registering or filing an application. It does not matter if the name acts as part of the trademark or not.
Name Description
The company name by which the individualization of a legal entity is carried out must indicate the legal form of the company. As entities with the ability to have a name, are commercial enterprises. A company name can be used as a means of individualization of a legal entity by any means not prohibited by law. The name can be both in Russian and in foreign languages. It is indicated on letterheads, signs, invoices and in other documentation, in advertisements, on packages or on the product itself.
Individualization of a legal entity and the results of its activities
In civilian circulation companies use service marks. With their help, the individualization of the legal entity and the services / work that it provides / produces is carried out. The ownership of the service mark is certified by a certificate. Individualization of the results of a legal entity can be carried out on the products that it produces. In this case, a certificate is also issued. The subject whose name is indicated in it will be considered the owner of the trademark.
Classification
Individualization of a legal entity can be carried out using various signs. They can be verbal, graphic, combined, voluminous and so on. Depending on the number of owners, collective and individual trademarks are distinguished. In the first case, the association of persons acts as the subject of law. Every member has the opportunity to possess the mark. Collective trademarks must individualize goods that are produced or sold by persons in the association and have the same qualitative characteristics or other common properties. The ability to possess them cannot be alienated and act as the subject of a license agreement.
Conclusion
Means of individualization of a legal entity are of great practical importance. By developing distinctive signs to identify their products, works or services, inventing a unique name, the company stands out from the rest of the companies. Personalization tools are actively used in advertising campaigns. The development of insignia, branding is carried out by designers, taking into account the specifics of the enterprise itself, and especially consumer demand. The product or name must be recognizable, quickly remembered. With high quality products or works / services, this will attract a large number of buyers. Accordingly, the company will receive a high income. It should be remembered that all means of individualization must be established in the constituent documentation and registered in the legislative order.