The permissive procedure for creating a legal entity involves the implementation of certain actions, the adoption of specific acts. The latter are aimed at giving the organization appropriate status. Next, we consider in more detail the procedure for creating a legal entity in the Russian Federation. 
The main ways
In the theory of business law there are several options for creating legal entities. In particular, there are:
- Founding and administrative way. In this case, the relevant order of the municipal or state body will act as the basis. This may be, for example, a decision of the government, administration of entities or territorial authorized structures. This procedure for creating a legal entity is used in the formation of unitary (municipal and state) enterprises. The respective federal, subject and local executive bodies act as the owner who is entrusted with these functions.
- Constituent way. It is used in the formation of a commercial organization with one participant. For example, it can be a business company. Also, this method is used in the legitimization (legalization) of individual commercial activities.
- Contractual-constituent method. It is used in the formation of a commercial organization in which the number of founders is more than 1. It can also be a business company or partnership, as well as a production cooperative.
- Permissive-constituent order. This option provides for the need to obtain permission from a government agency.
The legislative framework
Today in Russia, all the above methods of forming organizations are used. The Civil Code stipulates that commercial activities should be carried out by persons who have been registered in the prescribed manner. This means that to obtain the official status of the organization, it is necessary to carry out a certain registration procedure. The rules in accordance with which registration is carried out are enshrined in the Federal Law No. 129 of August 8. 2001 year.
The procedure for creating legal entities (cheat sheet)
In the process of organization formation, several stages are distinguished:
- First stage. During it, the composition of the founders is determined and their general meeting is held.
- Second stage. At this stage, the legal form is selected.
- Third stage. During it are made out constituent documents.
- The fourth stage. It involves the development of the name of the organization.
- Fifth stage. At this stage, the place where the organization will be located is determined.
- Sixth stage. In the course of it formed share (authorized) capital, mutual fund.
- At the seventh stage, state registration is carried out.
Next, we consider the legal procedure for creating a legal entity, briefly describing the main stages. 
Determination of composition
The legislation establishes different requirements for the number and status of the founders of the organization. For example, in a business company there can be only one participant, and in a partnership - at least 2. In a production cooperative, at least five. It should be borne in mind that another similar association, which consists of one person, cannot act as the founder of a business company. Full participants in the partnership may be commercial enterprises and individual entrepreneurs. As participants business community and contributors to faith partnerships citizens and other legal entities may speak. The number of shareholders in a company is limited. It should not be more than 50. At the same time, there are no such restrictions for the OJSC.
Collection Features
The procedure for creating a legal entity in 2014 establishes that if two or more entities participate in the formation of an enterprise, then a decision by them must be adopted unanimously. At the same time, at the meeting, when considering this issue, an appropriate protocol should be kept. It should record the voting results for each item relating to the formation of the organization.
Form of incorporation
The procedure for creating a legal entity provides for an independent choice of the form in which commercial activities will be carried out. However, the law has a number of restrictions. In particular, a credit organization can be formed in accordance with any form of ownership as an economic association, while an audit firm, for example, cannot be created as an OJSC. The following factors may influence your choice:
- Status and number of founders.
- The profile of the formed enterprise.
- Source of capital. As them, for example, can be the property shares of participants. An organization can also be formed through contributions from abroad. In this case, the appropriate procedure for creating a legal entity with foreign investment is applicable.
- The choice of the structure of relations between participants and between the administrative apparatus.
- The ability to control other enterprises. It, in particular, provides for the procedure for creating a branch of a legal entity, a subsidiary, and so on.
- A measure of labor and other personal participation in the activities of the organization being formed. For example, a production cooperative provides for joint production and other activities of members.
The procedure for creating a legal entity: constituent documents
One of the first papers in the formation of the organization is considered a contract. It can be concluded by participants in companies with additional and limited liability, as well as business partnerships. The contract may be drawn up in writing (regular) form. It indicates the date and place of detention, as well as the period during which he will act. With this agreement, the founders reinforce their intention to form a legal entity. In the agreement, they also establish the conditions for the transfer of their property to the enterprise, the measure of participation in its activities.
In addition, it determines the procedure for creating the legal entity that they will use. AT business partnerships the contract acts as the only title paper. In this regard, in this case, it also indicates data on the composition and amount of joint capital, the size and procedure for changing the share for each participant. Under the conditions, liability for obligations is established. The second most important document of a legal entity is the Charter. It establishes the legal status of the enterprise. The charter is intended to inform counterparties and other persons who enter into relations with the organization about its structure, field of activity and the powers of the management team. This document also defines the location, name, form of ownership, amount of capital, liability of participants and other important points. 
Name of the organization
The procedure for creating a legal entity provides for the development of its name. The basic requirements are contained in Art. 54 Civil Code. According to it, the legal entity should have a name, which should contain an indication of its form of ownership. The name of non-profit and unitary enterprises, as well as other cases provided for by law, must contain information about the nature of the organization.A company name is equivalent to an object of intellectual property. In addition to the above information, the name may contain a name or surname, a characteristic of the subject of activity. The name may also be arbitrary.
Rules for inclusion in the name of the organization of the words "Russian Federation", "Russia" and their derivatives
These elements can be used in the names of commercial enterprises, according to acts of the government of the country. These decisions are adopted following the consideration of applications and other appeals of interested parties by a special interdepartmental commission. In this case, the authorized body must take into account:
- The scale, significance, areas and nature of the enterprise in the interests of the state and society.
- Place of the organization in the markets or in the relevant sector.
- Release inherent only in Russia, unique services or goods.
- The presence of the original abbreviated and full names of the enterprise, which would distinguish it from other names, as well as their compliance with the norms of the Russian language.
- Representation of the country's interests in the international market in the process of foreign economic activity.
Locating an enterprise
The procedure for creating a legal entity provides for state registration. The place where it is carried out will be the location of the enterprise. According to Art. 52, this information should be indicated in the constituent documentation. The process of state registration of the organization takes place at the location of the authorized executive body, which acts continuously. If it is absent, in the territory where another structure is vested with the right to act on behalf of the legal entity without a power of attorney. A location is the specific address where the organization’s governing body is located. There should also be information that acts as the basis for its location in this area. A prerequisite is the continuous operation of the governing body (board or general director). 
Formation of share (authorized) capital, mutual fund
This stage is the last before state registration. Before implementing it, the founders must be paid at least half of the authorized capital of a business company. The same rule applies to business partnerships. Members of a production cooperative must make at least 10% of the share contribution by the time of registration. The remaining share is paid during the year after the state registration of the enterprise.
