What makes a person entitled

legal person

Association of persons or special-purpose assets with legal independence recognized by law. The legal person is the bearer of rights and obligations, has assets, can be used as an heir, and can sue and be sued in its own name.

1. Legal persons of Private law include: registered associations (e.V.), foundations, stock corporations (AG), limited liability companies (GmbH), limited partnerships on shares (KGaA) and registered cooperatives. Participation in economic life through elected bodies or bodies determined by statute through which it acts. Basically no personal liability of the shareholders or members. Registration for the commercial register may be made by all board members or managing directors who are authorized to represent the company.

Legal persons are not capable of tort and are therefore not responsible under criminal law (for possible future changes, see the explanations on corporate criminal law). In their place, their controlling bodies (board of directors, managing directors, etc.) can be punished (Section 14 I No. 1 StGB). Special regulation in the Administrative Offenses Act (OWiG) (ยงยง 29, 30 OWiG).

2. Legal persons of public laware e.g. corporations under public law such as the state, municipalities, municipal associations, public savings banks. Also institutions or foundations under public law that, as independent bearers of rights and obligations, perform administrative tasks outside of the direct state administration represented by the authorities.

Legal persons under public law can avail themselves of sovereign means (e.g. issuing administrative acts or applying administrative coercion). You are subject to the State supervision by the competent administrative authority.