Classification of legal entities. Legal entities: concept and classification

In any country, people interact with each other, enter into various kinds of relationships. Moreover, they can be direct or with the invitation of the other party. Relations may be personal or stipulated by law. In this article, you will consider the question of what a legal entity is, its types and characteristics.

Basic concepts

Let's start with the term itself. A legal entity is a commercial or non-commercial organization that has some separate property, manages it, and is responsible for it. In addition, this association of people can exercise and acquire property rights. Such an enterprise can be organized by one person or a group of people.

There are many classifications of a legal entity. We will consider some of them below. However, first you need to understand what signs the association has. It will also be useful to learn how to create it.

Signs of a legal entity

The classification of legal entities is not an easy question, as there are a lot of criteria for determination. First, consider the signs of a union:

• A legal entity must necessarily own any separate property that will be recorded in the balance sheet. Those people who will create an enterprise undertake to join their capital for the sake of a common cause.
• Responsibility for the possessions. Moreover, it must be isolated from the property of the founders.
• The presence of a special certificate that confirms the registration of the organization as a legal entity. A company becomes valid from the moment it receives this document.
• In addition, he has the opportunity to legally assert his rights. You can appear in court both as a plaintiff and as a defendant.
• Participation in civil law relations on their own behalf.

Features of creating a legal entity

Before the classification of legal entities is considered, it is necessary to understand how exactly they can be established. This procedure consists of several stages:

1. Development of documents that makes the organization possible. They are compiled by one or a group of people. These documents must exist in writing. Moreover, all founders are required to sign them.
2. Creating a document to be regulated legal activity faces. Most often it is a charter or contract. It spells out all the features of the company, the nuances in resolving disputes or other issues, it determines who will manage the company.
3. Registration of the organization in state bodies. This action is required. Without a certificate, such an association does not have any official rights to carry out any property operations.

It should be noted that civil law, the classification of legal entities refers specifically to this section, provides for the name of the organization. It prescribes its form and nature of activity.

Legal Classification

Now, in fact, we begin to consider the types of the most common organizations. Depending on the legal form, there is the following classification of legal entities:

• Institution. Its peculiarity is that it can be created by one person or several. In this case, the founders can not participate in the management of the organization.To create a represented legal entity, it is necessary to combine the property of participants.
• Society. It is a voluntary association of founders and is created on the basis of their membership. Society is entrepreneurial and non-entrepreneurial. That is, they can act with or without material gain.

Classification by purpose of activity

Here you can distinguish only two types of legal entities:

• Commercial. They in their activities are guided by material profit, which is distributed among the founders. Often income is divided equally. However, a certain percentage may be prescribed in the constituent documents. At the same time, the community is a market participant. These organizations include business companies (full, limited, limited liability, with additional liability, joint-stock), production cooperative.
• Non-profit. Their goal is not to make money. If any funds come in, then their distribution does not occur. All of them go to the charter needs of the organization. This type includes consumer cooperatives, public organizations, movements, foundations, religious associations.

Types of legal entities depending on the order and way of creation

This classification of legal entities is more complex. Here we can distinguish the following types of organizations:

• Created on the basis of private law. That is, they appear on the initiative of one person who is not a civil servant. The order of creation and their activity is regulated by the Civil Code. These include public organizations, business companies charitable foundations.
• Created on the basis of public law. Here the head of state enters the game. The order of creation is controlled by the Constitution and legislation. These include state and municipal institutions.

As for the ways of creating a legal entity, there are only three of them:

1. Association of persons. In this case, the participation of the founders in the management of the organization is very important.
2. Union of capitals. However, the personal participation of the founders is not necessary. Only their contribution is important.
3. Association of capitals and individuals.

Classification of the legal regime of property

Legal entities, the concept and classification according to most criteria are already known to you, can also be divided into the following entities:

• Property rights (all non-profit, except for preemptions, as well as business cooperatives and partnerships).
• The rights of economic management. These include subsidiaries, municipal and state enterprises of a unitary type.
• Rights of operational management. Here you can distinguish enterprises and institutions of the federal level.

Classification and types of legal entities by the nature of relations

By this criterion, the following types of organizations will be distinguished.

• The first type involves the preservation of property rights to contributions made by participants. Moreover, a legal entity does not have such opportunities
• The second type assumes that participants do not have property rights to their deposits. They are fully transferred to the legal entity. Moreover, the founder, instead of the contribution, may receive other benefits, or may not receive.

Now you have detailed information on the topic: "Concept, characteristics, classification of legal entities." Naturally, if you are not confident in your knowledge, it is best to contact an experienced lawyer. He will be able to explain all the nuances of creating a legal entity, help to draw up all the necessary documents and register it in accordance with the provisions of the legislation of the Russian Federation.