Legal Person: Corporations, Associations, and Foundations
T.3: Legal Person – Creation of the legal person status, individuality, legal capacity, autonomy, and heritage. Pooling of assets or individuals who come together for a particular purpose and independent individuals involved. CC Article 35 mentions 3 types of legal entities:
Corporations
Public law entities such as municipalities, provinces, universities, and professional associations.
Associations
A group of people united by a common goal of achieving general interest and not particularly lucrative. A basic fundamental right (Art 22CE). Requirements:
- A group of 3 or more persons
- Shall grant an act of incorporation
- Registered in the register of associations (should be public)
- Basic organs: General Assembly and representative body
Requirements for Building an Association:
- More than 3 persons
- The people must grant an act of incorporation.
- The associations must register in the register of associations.
- Basic Organs: General Assembly and Representation
You can extinguish a partnership when 2 of them are low. You can also disappear when there are forced reasons (illegal associations, for any reason stipulated in the statutes.) They have a limited duration. If heritage is then given to other associations that pursue a similar end within Catalonia and Spain.
Foundations
Customizing a heritage of some goods, which are attached to a purpose of general interest or collectivity.
- Asset base (art 331.1 CCcat) attached to a heritage order of general interest or collective.
- Organ of the foundation board, which is the governing body of the foundation (Art 332.1CCcat)
- Control foundations: ART 336.1CCcat: or protectorate: the general body of administrative control that oversees the performance of patronat. Functions: art.336.2CCcat
How to Constitute a Foundation?
You need the will of the founders (expressed as a monetary reward). It can be inter vivos or morts. It is € 60,000 but need not lead far, only 25%. It constitutes over a charter for deed.
Basic Organs: Board of Trustees
Governing body and representation. Post free.
Protectorate
Character status or autonomous body controlled by foundations and their associations with funcionament. Another difference is to be entered in the Register of Foundations and constitutive. Required for the willingness of foundations or period ending in or approaching the end.
Basic Bodies
Body of governance and representation. Free charge. Protectorate on: Statute or autonomous body of character that controls the foundations and its operation. One other difference is that registration in the register of foundations is constitutive. The desire demands the foundations or the terms approaching the end.
Foundations: personalization of assets, some assets, that are assigned to a general interest. Collective heritage (Art 331.1 cccat) assets assigned to the general interest. Organ of the foundation board, that is the body of the foundation governance (Art 332.1cccat) control of the foundations: 336.1cccat art: the protectorate: organ of the administrative control that oversees the performance of the patronat. Functions: art.336.2cccat
How are Foundations Like?
Necessary are founders will (expressed from a monetary reward). Can be alive or dead. It is necessary € 60,000 but don’t need to disburse at the moment, only 25%. It constitutes through a charter, he publishes scriptura.
Basic Bodies Chair
Body of governance and representation. Free charge. Protectorate: body of statute or regional foundations that controls the operation. One other difference is that registration in the register is constitutive of foundations. The desire demands the foundations or the terms approaching the end.