Establishment (law)
In jurisprudence , founding is the beginning of one's own legal personality , i.e. when a new legal person is brought into being by natural or legal persons. A distinction is made between:
- social associations that are based on a non-economic purpose such as orders , religious communities , political parties , associations (associations with no legal capacity), cooperatives
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Social associations with an economic, commercial purpose. These include:
- Partnerships such as the civil-law (GbR), general partnerships (OHG), limited partnerships (KG) and
- Corporations such as the stock corporation (AG), the limited liability company (GmbH), the registered cooperative (eG) and the modern entrepreneurial company (UG).
The purposes are not always that clear, for example in the case of a legally competent association , institutions under public law , foundations , churches or trade unions .
The prerequisites for a legally effective formation are diverse and regularly standardized by law. You range z. B. from a simple decision (founding an association) to a notarial deed (founding a GmbH). A violation of the respective legal conditions usually makes the formation ineffective.
