Corporate representation
As organschaftliche representation in is corporate law , the representation of legal entities through their bodies referred.
General
Corporate representation indicates that a legal person can only be represented externally by their organs . These in turn are composed of natural persons , the administrators , who act as representatives. Several types of representation can be differentiated in law: legal representation ( parental custody according to § § 1626 , § 1629 BGB ; guardian according to § 1793 BGB; custodian according to § 1902 BGB; key power of spouses according to § 1357 BGB), under company law for partnerships ( GbR : § 714 BGB; OHG : § 125 f. HGB ; KG : § 161 para. 2 HGB), as a body for legal entities ( managing director of the GmbH : § 35 GmbHG ; stock corporation : § 78 AktG ; cooperative : § 24 para. 1 GenG ; partnership : § 7 para. 3 PartGG ; EWIV : Art. 20 EWIV-VO) as well as legal representation ( power of attorney in accordance with § 166 para. 2 BGB).
Legal consequences
Corporate representation is always legal representation, but not power of attorney. A legal person can act and appear in legal dealings through its representative . Not natural persons are in particular legal persons (e.g. registered association , stock corporation , there the board of directors according to § 26 BGB or § 78 AktG), but also associations of persons with partial legal capacity (e.g. open trading company ).
