Legal Entity

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History

The origin of the legal entity dates back to the 1600s when England's judge Lord Coke declared a corporation as a separate legal entity entitled to certain obligations. However, the concept came into the limelight in the 19th century. During 1840 and 1844, most firms and joint stock companies came into existence. Also, there was the emergence of the London Stock Exchange. As a result, it became necessary for firms to register under the law to continue operations. Likewise, introducing the Registration Act of 1844 made the incorporation work easy.

Types

Let us look at the types of legal entities to understand the concept better:

#1 - Sole Proprietorship

It is a business entity that is easy to establish as a single person is needed to manage and run the operations. A sole proprietorship is one of the simplest forms of organization. Besides, the profits earned in it solely belong to a single person. In case of losses, the single owner handles them. Although a single person oversees the operations, it does have a different legal status as per the law. For example, while recording accounting transactions, the owner will use the legal entity trust of the business, not his name.

#2 - Limited Liability Company (LLC)

In a limited liability company, the rights and obligations are limited to the extent of the partner's share. However, in times of lawsuits, the liability gets distributed among the partners equally. No one partner has to bear all the losses. Federal law states that more than two partners must register under Form 1065. However, to form LLC, owners should pay a fee of $100-$800 to the registrar.

#3 - Partnership

A general partnership legal entity is a formation of more than one person coming together and working as a partner. Here, the partners earn profits as per their share mentioned in the partnership agreement. Since it is a tax-reporting entity, it must file Form 1065 to report annual income to the government. However, every country will have a different law for reporting the returns of a partnership legal entity.

#4 - Corporations

Corporations have a complex business structure compared to other business entities. Here, the person running the business is different from the owners. Therefore, the shareholders are the owners, and the board of directors is the management. In addition, S Corporations must fill out Form 1120S, while C corporations must file as per Form 1120 as they are subject to double taxation.

Examples

Let us look at the examples of legal entities to comprehend the concept better:

Example #1

Suppose Steve Johnson has been running a local garment business for a decade. So, now he needs to expand his business in various countries. Thus, after consultation, he decides to start a company with his wife, Melinda, under the family name. He goes to the registrar's office and incorporates the company under the legal entity name "Johnson Textiles."

As per the incorporation agreement, he has to maintain a separate account to handle business. Also, Steve's rights and liabilities will differ from his registered textile business. However, in case of defective goods or fraud, Johnson Textiles and his wife will be responsible, rather than Steve alone.

Example #2

GLEIF recently reported that over 2 million LEI are active worldwide exist. And most of them (11%) belong to the Asian business community. Lately, it has been possible to apply in less than a minute.

According to the most recent data, which covers Q1 2022, more than 65,000 new LEIs were issued globally throughout those three months. 3.3% more LEIs were issued overall, and there are now more than two million active LEIs worldwide. The Global LEI system's maturity and the value it provides to the world economy and all LEI data users are once again confirmed at this historic time.

Frequently Asked Questions (FAQs)

1. How to find out the legal entity of a company?

To check the legal status of a company, an individual can check the website of the apex institution, which is the Global Legal entity identifier foundation (GLEIF). Among the list of 2 million numbers, the majority of companies have already registered their names in it.

2. Is a natural person a legal entity?

No, both concepts are different as per the law. Legal entities are registered companies under the legal judiciary, while natural persons have the right to conduct business legally.

3. Can a legal entity be a beneficial owner?

A beneficial owner cannot be a business entity because it is a natural person, whereas the latter is a company or corporation.

4. Is a bank considered a legal entity?

Yes, banks fall under the category of legally bound entities. Federal Reserve Act of 1913 led to the formation of banks. They perform similar rights and liabilities with that of a business entity with minor changes.