Legal capacity of a legal entity - certain aspects of regulation

Being one of the leading subjects of the private legal sphere, the legal entity was simply obliged to become the object of numerous researches on the part of both legal scholars and practitioners of this branch. The main issue that determines its status is the legal capacity of the legal entity, as well as the specific scope of its distribution in civil circulation.

For a more complete coverage of the problem, it is first of all necessary to clearly define the very concept of this phenomenon. Thus, most authors believe that a legal entity should be understood as a special association characterized by three main features: separate property from the founders' property, the availability of a constituent (organizational) document and complete independence in the commission of intentions. It is on these characteristics that the legal capacity of legal entities is built, one of which determines the classification of species.

The main for determining the legal personality of the person in question are his constituent documents (they are also organizational). In fact, the legal capacity of a legal entity is embedded in them. And only with their help the state registration bodies determine the range of rights, establishing a general or special kind of rights .

Speaking about the general legal capacity, experts point to the fact that a legal entity has the right to carry out all those actions that lead to the achievement of the desired goal laid down in organizational documents and that do not contradict the provisions of the legislation of the country of functioning.

In contrast to the first, the special legal capacity of legal entities is also laid in organizational documents, but it clearly regulates the activities that are allowed for commission. The special kind loosely restricts the set of means that a legal entity can operate. Simply, the latter has no right to change its direction autocratically, but is obliged to make changes to the necessary documents. In addition, there is another factor in the allocation of special legal capacity, namely: the occupation of activities that fall under the terms of licensing.

However, in both cases, the legal capacity of a legal entity originates only when the final decision was taken by the authorized state registration authority and a certificate of the necessary procedures was issued. It is worth noting that this act is accompanied by the emergence of another element of legal personality.

Legal capacity and legal capacity of a legal entity always accompany each other. And if for a physical person there are certain restrictions, conditioned by a number of factors, then in relation to these subjects, the situation is different.

Both legal capacity and legal capacity of the legal entity are limited only to the constituent documents and special permits developed and issued on the basis of the legislation of the country. And, hence, from the moment of the approval of such a legal entity has the whole range of legal personality. But the situation is somewhat different in the representation of a legal entity by its bodies, through which the former exercises its legal personality.

The main opinion of the legislation on this issue is that the legal personality of a legal entity can be exercised by its representative bodies only if such actions are laid down in the statutory (organizational) documents. Consequently, the legal capacity of a legal entity can be expressed only through these structures.