Creating a Legal Entity

Like many other terms, the concept of the legal entity has its roots in Roman Law. However, the concept of legal entity in Roman Law had a slightly different line of development. So, according to the Romans, the theory that "all rights are for people" was the main one. When reading this theory for the first time, it is possible to come to the conclusion that no other being can be given legal capacity. However, the strength and life of a single person will not be enough, and the need for the work of groups of people to achieve some goals related to people is one of the reasons for the formation of a legal entity. Sometimes the need to establish a group of goods and services to serve a specific purpose and to exist longer than the individual activities of the individuals who appropriated it for a specific purpose made it mandatory to give groups an "Entity" status in Roman law.
Like many other terms, the concept of legal entity has its roots in Roman Law. However, the concept of legal entity in Roman Law had a slightly different line of development. So, according to the Romans, the theory that "all rights are for people" was the main one. When reading this theory for the first time, it is possible to come to the conclusion that no other being can be given legal capacity.
According to the legislation of Azerbaijan, which is part of the Romano-German legal system, a legal entity is a state-registered, specially created entity that owns the separate property, is responsible for its obligations with this property, and acquires property and personal non-property rights on its behalf. and has the right to exercise, carry out duties, and be a plaintiff or a defendant in court.
Legal entities can be created by one natural or legal person, or by a group of natural or legal persons, can be based on membership, may or may not depend on the presence of members, and may or may not be engaged in entrepreneurial activity.
Commercial legal entities whose main purpose of legal entity activity is to make profit or non-commercial legal entities whose main purpose is not to make profit and do not distribute the profit among their participants, as well as public legal entities engaged in activities of national and (or) public importance. can
A legal entity is created by establishing it and preparing its charter. If a legal entity is created by several founders, the founders, by agreeing, determine the legal entity's charter, the procedure for joint action on its creation, and the conditions for transferring their property to it and participating in its activities.
The charter of the legal entity approved by the founders is the founding document of the legal entity. The legal entity's charter defines the legal entity's name, location, the procedure for managing its activity, as well as the procedure for its cancellation. The charter of a non-commercial legal entity defines the subject and goals of its activity.
A legal entity must be registered with the state by the law. State registration information, including the company name for commercial organizations, is included in the state register of legal entities, which is open for general inspection.
The legal capacity of a legal person arises from the moment of state registration. Commercial legal entities may have the necessary civil rights and perform civil duties to carry out any type of activity not prohibited by law. Legal entities can engage in separate types of activities, the list of which is determined by legislation, only based on a special permit (license).
We offer you our professional services in creating commercial and non-commercial legal entities:
Preparation of constituent documents and Charter of a legal entity;
State registration of the legal entity;
Entering the legal entity into the state register;
We carry out all necessary procedures on your behalf, obtaining special permission - licenses for individual types of activities.