Corporation under private law

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A corporation under private law is an association of persons under private law , which as a legal person has its own legal capacity and is represented by organs .


The basic type of corporation under private law is the registered association according to Section 55 BGB. The company law knows beyond as special forms of economic association on trade regulatory side, the corporation , the partnership limited by shares (KGaA), European Company - Societas Europaea (SE), the limited liability company , the registered association and the European Cooperative Society - Societas Cooperativa Europaea (SCE).


Associations of persons (corporations, corporations , companies) with legal personality that are represented by organs are, for example, the association , but also the GmbH , AG , cooperatives and political parties .


Companies with their own legal personality - corporations - are the stock corporation (Art. 620 ff. OR ), the limited liability company (Art. 764 ff. OR), the GmbH (Art. 772 ff. OR), the cooperative (Art. 828 ff . OR), the association (Art. 60 ff. ZGB ), the investment company with variable capital ( SICAV , Art. 36 ff. KAG) and the investment company with fixed capital (SICAF, Art. 110 ff. KAG). The SICAF is based on the AG and is therefore not viewed as a separate corporate form.


  • Thomas Raiser : The concept of the legal person. A rethink. AcP 1999, pp. 104-144.

Web links

Individual evidence

  1. ^ Jan-Hendrik Krumme: Gabler Wirtschaftslexikon corporation , accessed on June 13, 2020.
  2. Gernot Wirth: Legal entities and partnerships with legal capacity, University of Mannheim, 2019/2020.
  3. online textbook on civil law B. The legal person, IV. Types of legal persons, 2. Associations of persons and assets, accessed on June 16, 2020.
  4. Federal Act on Collective Investment Schemes (Collective Investment Schemes Act, KAG) SR 951.31
  5. Hans-Ueli Vogt: System des Unternehmensrechts / 3.2.1 Corporations University of Zurich, accessed on June 13, 2020.