Is SP a legal entity?

Samuel El Midlake
Samuel El Midlake
December 12, 2012
Is SP a legal entity?

In order to understand the term “individual entrepreneur”, and find out whether the entrepreneur is a legal entity, as well as to more clearly represent its rights and obligations, it is worth referring to the legislative acts of the Russian Federation. They will help to accurately understand both this and other legal issues that cause confusion and disputes among citizens.

Let us turn to the Russian legislation, namely to the Civil Code of the Russian Federation, in which there is an article numbered 23 of chapter 3 of subsection 2, describing a citizen’s business activity. The first paragraph of this article contains the following proposal, which fully answers the question posed, namely: "A citizen has the right to engage in entrepreneurial activities without forming a legal entity from the moment of state registration as an individual entrepreneur." Hence the conclusion: an individual entrepreneur is an individual, and not a legal entity in the eyes of the law.

In the Russian legislation, there is a Federal Law under the number No. 129-ФЗ “On the state registration of legal entities and individual entrepreneurs”, which also answers the question: is the individual entrepreneur a legal entity? There are 27 articles on the pages of this draft law, revealing in detail a number of registration questions for entrepreneurs, including individuals. Interesting for readers who have decided to fully understand this issue may seem articles combined by Chapter VII.1 under the title “State registration of individual entrepreneurs”. The first article to which is clearly spelled out the list of required documents for the implementation of the registration process.

For completeness, we recall that earlier in the legal documents of the Russian Federation, there were terms similar in meaning, namely: “private entrepreneur” or “entrepreneur without a legal entity”, which are now united under the common name “individual entrepreneur”, abbreviated as IP.

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