scholarly journals General And Limited Partnerships: Features Of Legal Regulation In Ukraine And European States

2021 ◽  
pp. 130-142
Author(s):  
V.V. Anatiichuk
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Legal Regulation ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
Joint Activities ◽  
The Status ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article focuses on one of the corporate forms of entrepreneurial activity - general and limited partnerships. Limited liability companies and joint stock companies are among the most popular legal forms of companies. However, the development of Ukrainian legislation moves in the direction of creating a system of different forms of entrepreneurship, which are aimed at different needs and interests of their founders. Such forms of entrepreneurship exist and operate successfully in Europe. Carrying out a comparative analysis in the article allows the author to confirm the existing thesis that there is no single vector in European countries concerning the legal status of these partnerships. Some states define these partnerships as legal entities, others - as a form of joint business activity. It is emphasized in the article that the European legal space is characterized by the use of the concept of defective legal entity. The author perceives any of these European approaches, but points to the need for its consistent reflection in all legal acts that determine the status of general and limited partnerships. The article supports the assertion formed in the scientific literature about the criticism of domestic legislation on general and limited partnerships. Such criticism concerns to those norms of Ukrainian legislation, which use untypical provisions for legal entities. All existing researches are directed to one aim - to develop a single vector in the regulation of general and limited partnerships. They should be regulated either as legal entities or as forms of joint activity on the basis of an agreement. The author states that the main attention in granting general and limited partnerships the status of a legal entity should be focused on clear boundaries between the liability of a legal entity and the subsidiary liability of its members. The article supports leading scholars’ critical assessment of the legislative definition of general partnerships as an association of persons for joint business activities. Based on the analysis of the definitions of a general partnership in EU law (for example, France), it is proposed to define a general partnership as an association of persons engaged in business activities through joint contributions of all participants (full partners) and their subsidiary liability for the company’s obligations. This wording indicates that the partnership itself carries out business activities, and not its members. The author also does not deny the possibility of introducing general and limited partnerships as associations of persons on the basis of an agreement on joint activities. At the same time, it is noted that all norms of national legislation should consistently adhere to such concept.

scholarly journals Genesis of legal regulation of the status of legal entities carried out activitiy in the field of providing legal services under the legislation of Ukraine

2021 ◽  
pp. 124-129
Author(s):  
I.T. Hobechia
Keyword(s):  
Public Relations ◽  
Limited Liability ◽  
Legal Regulation ◽  
Scientific Article ◽  
Legal Services ◽  
Legal Aid ◽  
The Status ◽  
The Law ◽  
Legal Forms ◽  
Legal Entities

In the current conditions of European integration processes in Ukraine, the issues of activity of institutions aimed at guaranteeing and protecting the rights and interests of all the participants in public relations have become important. The study of the genesis of legal regulation of the status of legal entities engaged in the provision of legal services in our country have been become particularly relevant. In Ukraine, advocates have the right to provide all types of legal services, in particular to represent interests in court in all types of proceedings. An advocate is a natural person who practices law on the grounds and in the manner prescribed by the Law of Ukraine «On Advocacy and Advocatory Activity». In studying the genesis of the legal regulation of the status of legal entities engaged in the provision of legal services under the laws of Ukraine, special attention has been paid to the period after the restoration of our state's independence on August 24, 1991. Legal entities engaged in the provision of legal services were created and operated in various organizational and legal forms, the most common of which were and remain private enterprises and limited liability companies. The peculiarity of our legal system is also that the Law of Ukraine «On Free Legal Aid» was adopted and regulates, in particular, the status of centers for free secondary legal aid and the peculiarities of providing such aid by advocates, who are included in the Register of free secondary legal aid advocates. At the same time, the key role in providing participants of public relations with legal services in our state belongs to the bar. Therefore, despite the possibility of carrying out activities in the field of legal services by legal entities of all types and organizational and legal forms, a special place among them has been occupied by advocatory association and advocatory bureau. In the scientific article it has been summarized and highlighted the periods in the history of normative regulation of the legal status of these legal entities after August 24, 1991.

scholarly journals Signs of a Legal Entity of Public Law under the Legislation of Ukraine

2021 ◽  
Vol 39 (69) ◽  
pp. 386-394
Author(s):  
V. F. Poddubnaya ◽  
A. M. Yevkov ◽  
Yu. M. Filonova
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Public Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Method ◽  
The Status ◽  
Separate Property ◽  
Cis Countries ◽  
Legal Entities

The article examines the legal status of legal entities of public law as participants in civil circulation. Both general and special research methods were used, which were determined by the purpose of the article, taking into account the object and subject of the research. To study the above-mentioned civil law relations in their interconnection and development, the dialectical method was used. The comparative legal method was used to analyze the world experience of legal regulation of the status of legal entities of public law in foreign legislation and the doctrine of law, in particular, in the legislation of the CIS countries. Results showed that legal entities of public law are organizations; as legal entities; have the characteristics of a legal entity: organizational unity, the presence of separate property, acting in circulation on their own behalf, independent civil liability. In addition to the general features of a legal entity, legal entities of public law also have special features that characterize them as participants in civil turnover. It was concluded that legal entities of public law are a type of legal entity, are created in the administrative order by the state and have targeted legal capacity.

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals Theoretical And Legal Approaches To The Concept Of «Corporation» In Legal Families

2019 ◽  
pp. 65-76
Author(s):  
O.M. Stratiuk
Keyword(s):  
Legal System ◽  
Trade Unions ◽  
Limited Liability ◽  
Business Associations ◽  
Legal Entity ◽  
First Case ◽  
Anglo American ◽  
Legal Forms ◽  
Limited Partnerships ◽  
Legal Entities

The article analyzes the scientific views on the concepts of «legal entity» and «corporation» formed in different legal systems, indicating either the identity of these concepts, or their heterogeneity by deducing a number of common and distinct features. Determined that in the Anglo-American legal system, the corporation is seen as a collective term, which should be understood by business associations and nonbusiness capital entities created to meet social objectives. It is proved that in EU law the concept of «corporation» is not identical with that of a legal entity, although a considerable number of types of legal entities are proposed to be included in the list of legal entities. In the countries of the continental legal system (France, Germany, Switzerland, Russia, Ukraine, etc.) the term «corporation» is rarely used in the law. This concept is used mainly in literary sources. Corporations include: various types of companies (full and limited partnerships, joint stock companies and other companies, members of which are limited liability for the obligations of the company), business associations (groups, trade unions, holdings, etc.), cooperatives, leases and state-owned enterprises, as well as various non-economic unions and associations. The main difference between the range of legal entities in the Anglo-American and Continental legal families is that in the first case, the terms «legal entity» and «corporation» are correlated as interchangeable concepts, and in the other case, the possibility of correlation between the concepts of «legal entity» and «corporation» depends on the approach of the legislation of the country to the definition of their organizational and legal forms and the formation in the scientific circles of the criteria for their separation or integration into one or another concept, or the introduction of this concept into the existing legislation of the EU country with a clear list of organizational and legal forms. Therefore, every legal family has their own approaches to the concept of «corporation».

scholarly journals Ways to resolve conflicting issues of the status of legal entities in EU law and in the legislation of some of its member states

2020 ◽  
pp. 392-398
Author(s):  
Olga Ovechkina
Keyword(s):  
Legal Status ◽  
Legal Regulation ◽  
Member States ◽  
Legal Entity ◽  
Eu Member States ◽  
Cross Border ◽  
Eu Directive ◽  
The Status ◽  
Personal Law ◽  
Legal Entities

entities in EU member states.Many EU Member States use two criteria for determining the personal law of a legal entity: the settlement criterion and the incorporationcriterion. However, the application of the theory of settlement in determining the personal law (statute) of a legal entity actuallyimpedes the implementation of the principle of freedom of establishment contained in the TFEU, as the relocation of control centers ofthe legal entity to the state where the theory of settlement is applied. loss of legal personality of a legal entity. This position is based onthe case law of the Court of Justice. In addition, the application of the theory of settlement and incorporation significantly complicates the process of regulating theactivities of legal entities and slows down the development of the single market in the EU.The experience of European countries in drafting an international treaty containing norms on unified legal regulation of the statusof legal entities has not proved effective. The EU has chosen other mechanisms for resolving conflicting issues of legal status of legalentities, namely: harmonization of national laws of EU member states on certain issues of legal status and activities of legal entities, aswell as the creation of new organizational and legal forms of legal entities. This partially overcomes certain issues of conflict-of-lawregulation of the status of legal entities, for example, the issue of cross-border movement of European companies, European cooperatives;in accordance with EU Directive 2019/2121, the rules of the laws of the Member States on cross-border transformation, mergersand divisions of limited liability companies should be harmonized.

scholarly journals THE LEGAL ENTITY OF BAITUL MAAL WAT TAMWIL (BMT) AS A MICRO FINANCIAL INSTITUTION IN INDONESIA

2020 ◽  
Vol 2 (2) ◽  
pp. 140-150
Author(s):  
Moh Syaifur Rijal
Keyword(s):  
Legal Status ◽  
Financial Institution ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Conceptual Approach ◽  
Legal Entity ◽  
Non Profit ◽  
The Status

The purpose of this study is to analyze the legal status and accountability of Baitul Maal Wat Tamwil (BMT) as a financial institution in Indonesia, because so far BMT has two main functions,  the first, Baitul Maal as a non-profit institution that distributes zakat, infaq and alms, and the second, Baitul Tamwil is an institution whose function is to collect and to distribute commercial funds. This research uses normative research using a statutory approach and a conceptual approach. The results of this study indicate that the legal status of BMTs so far can only be established with the status of a cooperative or limited liability company. It refers to the characteristics possessed by BMT itself. The form of BMT accountability follows the form of liability that exists in the form of a BMT legal entity, if the loss is caused by the management or organs, the management or organs are jointly and severally responsible, but otherwise if the management or organs can prove then the management or organs are not jointly responsible for the losses incurred by BMT.

THEORETICAL AND PRACTICAL PROBLEMS OF ESTABLISHING BENEFICIARY OWNERS OF ECONOMIC LEGAL RELATIONS PARTICIPANTS

2017 ◽  
Author(s):  
Anastasiia Diadiuk ◽  
Keyword(s):  
National Level ◽  
Legal Regulation ◽  
Primary Component ◽  
Legal Entity ◽  
Insider Information ◽  
Economic Relations ◽  
Decisive Influence ◽  
The Status ◽  
Financial Monitoring ◽  
Legal Entities

The article is devoted to issue establishing and disclosing the beneficial owner by the participants of economic relations. The identification of beneficial owners is an integral and primary component of preventing and combating money laundering, terrorist financing, and the proliferation of weapons of mass destruction. The current legislation supplemented the range of persons to whom identification and verification procedures should be by trusts and «other similar (to trusts) legal entities». Nevertheless, the definition of beneficial owners in this category of persons has been complicated by the lack of proper legal regulation of trusts at the national level and lack of unification in international law. Subjects of primary financial monitoring must take into account many different types of trusts and similar structures. Trust has to be recognized even in a combination of the beneficiary and the proxy in one person. The concept of «other similar (to trusts) legal entities» should be consolidated by establishing their qualifications. The beneficial owner, unlike the beneficiary, can only be a person who has direct or indirect influence (control) over the client's activities and does not have the status of an intermediary, commercial agent, or nominal owner/holder. The features of the concepts «significant influence on the management or activity of a legal entity» and «decisive influence (control)» are analyzed. The availability of access to insider information and the possibility of its use personally or through third parties should be studied for financial monitoring purposes, as it may indicate the indirect decisive influence on a legal entity or other legal entities.

Main stages of establishment of farms in independent Ukraine

2021 ◽  
pp. 125-132
Author(s):  
M. Dolynska
Keyword(s):  
Legal Status ◽  
Functional System ◽  
Legal Regulation ◽  
Legal Analysis ◽  
Family Farms ◽  
Peasant Farmer ◽  
Legal Entity ◽  
Natural Person ◽  
The Status ◽  
Logical Semantic

Purpose. The aim of the article is to outline the evolution of the formation of farms from peasant (farmer) farms to family farms during 1991-2021 in independent Ukraine; to distinguish separate stages of development of various agricultural formations, which were called "farms" in independent Ukraine. Methodology. The methodology covers a comprehensive analysis and generalization of available scientific and theoretical material and the formation of relevant conclusions and recommendations. The following methods of scientific cognition were used during the research: comparative-legal, logical-semantic, functional, system-structural, and logical-normative. Results. In the course of the research, the historical and legal analysis of the legal status of the most common types of agribusiness entities such as peasant farms, family farms of independent Ukraine is carried out. Scientific novelty. Having analyzed the development of farming in Ukraine during 1991-2021, five main stages of the development of farming in independent Ukraine are determined. The author states that the main types of farms in Ukraine since 2017 are: a farm-legal entity and a farm without the status of a legal entity, which is registered as a natural person-entrepreneur. Members of one family who have established a farm in the form of a family farm based on registration of a natural person-entrepreneur are co-entrepreneurs of the above-mentioned family farm.Practical significance. The results of the research can be used in lawmaking and law enforcement during the preparation of normative and legislative acts on the legal regulation of farming.

scholarly journals Peran Notaris Dalam Hal Perolehan Pengakuan Badan Hukum Perseroan Terbatas Melalui Sistem Administrasi Badan Hukum (SABH)

Acta Comitas ◽  
2021 ◽  
Vol 5 (3) ◽  
pp. 601
Author(s):  
Anak Agung Istri Intan Argyanti Nariswari ◽  
Putu Tuni Cakabawa Landra
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Legal Entity ◽  
Limited Company ◽  
The Status ◽  
Standard Classification ◽  
Notary Public ◽  
The Republic

In the era of globalization, many entrepreneurs  developing their businesses by creating companies. But in the case, only Limited Liability companies can obtain a legal status. Limited Liability Company is regulated in UU Nomor 40 Tahun 2007. The issue that will be discussed is how the role of the notary public in obtaining the status of a legal entity PT which was approved by SABH and the problems that have been faced by a notary in terms of obtaining the status of the legal entity. This research used empirical research, by using fact approach and law approach. With that research method, it was found that the role of the notary in obtaining the status of a legal entity PT in SABH access is, the Notary log in or enters into the SABH system through a SABH account owned by a Notary; Access a copy of the limited company deed by entering the company data requested by the system to the SABH table; Entering the business fields that have been included in the current deed, the business fields must be the same and consistent with the 2017 Indonesian Business Field Standard Classification (KBLI), this is related to the next stage in the management of company business licenses; After everything is already inputted will publish  a Decree of the Minister of Law and Human Rights of the Republic of Indonesia regarding the legalization of the of a Limited Liability Company.

scholarly journals Internetional Experience Of Legal Regulation Of The Status Of Non-Entrepreneurial Legal Entities

2021 ◽  
pp. 22-33
Author(s):  
O.I. Zozuliak ◽  
Yu.I. Paruta
Keyword(s):  
Legal Status ◽  
Scientific Work ◽  
Legal Regulation ◽  
Legal Personality ◽  
For Profit ◽  
The Status ◽  
Legal Model ◽  
Charity Organization ◽  
European Standards ◽  
Legal Entities

The article deals with studying the legislation of individual countries on the legal status of non-entrepreneurial legal entities. It is stated that in international practice there is no single term that would describe all non-entrepreneurial legal entities. Typically, several terms are used, such as non-for-profit orgnisation, non­governmental organization, charity organization, private voluntary organization, civil social organization. In the scientific work authors analyzed the documents that are common to the whole European community and individual countries. The main features of non­entrepreneurial legal entities according to European standards are outlined. Among them: the main goal can not be making a profit, and in the case of making a profit it is aimed at achieving the goals for which the organization was created, non­entrepreneurial legal entities with legal personality acquire the same rights as other legal entities, the possibility of creating member organizations and organizations without membership. It is noted that the division of non-entrepreneurial legal entities on the basis of the system is the fundamental in Poland. That is why non­entrepreneurial legal entities in Poland are divided into companies and foundations. German law provides the creation of not only companies and foundations, but also associations that may not be intended for business purposes. The scientific work studies not only the provisions of legislative acts, but also the scientific developments of domestic and foreign scientists. In particular, doctrinal approaches to non-entrepreneurial legal entities in Germany, Japan, England and Wales were studied. It is concluded that it is not possible to accept the legal model of a non­entrepreneurial legal entity of a certain country and introduce it into national legislation, because each country has its own peculiarities.

Sign in / Sign up

Export Citation Format

Share Document