legal entities, by definition, are to be independent units of market or public relations.Therefore, the ownership of legal persons legally separate from the property rights of individuals.By creating a commercial organization in any legal form (whether it is a limited liability company or business partnership), a person transfers his property specific (usually it comes to financial contributions - the authorized capital) to the ownership of the new organization.Consequently, the property, including financial, cash flow and assets, intangible assets, subject to the ownership of legal persons (as market participants).
right of private ownership of legal entities is designed to ensure, above all, the interests of creditors.That's what caused the legal requirement of having a legal entity ownership.In many countries, a prerequisite for the formation of the company is to have a certain financial security - the authorized capital or the property - and the size of financial security, as a rule, only has a lower bound.That is the right of ownership of legal entities means that the upper limit is not installed (they can not by definition be), while the minimum authorized capital is determined by all the different (1 pound in the UK up to several tens of thousands of euros, for example, in Germany).At the same time the subjects of property rights of legal entities - is a legal entity itself or its subsidiaries, divisions, subsidiaries.
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lawmakers in order to ensure that the obligations of legal entities, and also determine the monetary value of the immutability of the tangible and intangible assets.For example, the theory of property rights of legal entities may also apply to "know-how" knowledge, experience, achievements, intellectual property and copyright.However, intangible assets can not be the sole property!Such measures are designed to eliminate abuse and education organizations pacifiers, phony, fraudulent firms taking on commitments which obviously will not be able to perform as it does not have the appropriate material support.
If a legal person is functioning in the market, generating profits which can already be divided between investors, owners, owners, all that becomes the organization (including land, real estate, vehicles, equipment,the right to demand, bank accounts, etc.), or receives from individuals and legal entities - remains its property.It is more difficult when the organization becomes insolvent and forced to undergo the procedure bankruptcy.In this situation, particular importance is the right of ownership.Legal persons does not apply to an automatic transfer of rights to the owners of the company, which may be individuals.First Property Organization estimated, then shaped the competitive mass of which is primarily to repay the debt and obligations to creditors.And only from the amount that remains after payment of all debts (liquidation quota) can be compensated in terms of money or property or the property owner - a natural person, which previously reported in its own legal entity.If it is a non-profit organization (ie, originally designed not for profit), then get back contributions or property transferred to it an individual can not.
