Constituent documents of the legal entity

Constituent documents of the legal entityThe civil code (Art. 52) definition of neotklonimy structure for constituent documents, with shown requirements to them and an order of the provided configurations.

The constituent document is a structure and the contract, or simply foundation agreemtn. The contract should be concluded by founders, and having got tired asks approvals by all participants (founders). The legal entity can be created by one only the founder, then it and will operate on base of the charter of this founder. There are exceptions for not the commercial organizations, provided by the law which can to act on base of general provisions of this type of the organizations (for example, average educational special institutions).

Point 1 and 2 of article 52 of the Civil Code are actually identical with пт 2 articles of 13 bases though there are not big differences. One of distinctions in that consists that the Civil Code resolves admissible cases on creation defined юрид. persons one of founders.

Art. 52 says that a data set for юрид. persons should be uniform, they are necessary for including in constituent documents, and these data, are detailed, concretized and supplemented with other articles of the Civil Code, including the provided laws, for devoted separate types of legal entities. In sense article which treats one association (article 70), to a general partnership (article 83), to societies of shareholders (under article 98 point 1 and 3), to cooperatives of production character (article 116 point 2), funds (article 118 point 4), including the unions and associations (article 122).

In this case, if entered уч. the contract in structure of documents then in the document should certain instructions contain in h. 2 items 2 with contents of the comment from article aspect. There is a speech oh, the obligation to make юрид. the person, the order of creation of activity defined by joint efforts, founders should organize transfer of assets and provide a role in its field of activity, also conditions and an order where, there is a distribution of losses and profit among participants, managements and an exit to them participants (founders) from its structure.

Conditions which were listed, are registered, are essential to this contract and consequently in force пт 1 articles 432 of the Civil Code the foundation agreemtn should, it is considered the prisoner only from this point when all parties will meet in outlook, the same concerns also all other agreements and if though one of founders submits the application where from his point of view considers that it is correct, and the agreement there should be reached.

Regardless of a look юрид. faces in documents of constituent character, it is necessary to specify its name and its place of stay, including an order by it managements. At a difference of bases of GZ assumes that the indication of the purposes and a subject is necessary only юрид. to persons, whose rights are provided by the Code, in sense not for the unitary companies and not the commercial organizations, only is exclusive in a case which is provided by the law for other commercial organizations.


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