The legal status or legal personality is the recognition of a human being , a organization , a company or other type of entity to assume an activity or obligation that produces full responsibility from the legal perspective, both in front of oneself and with respect to others.
Throughout history there have been many theories and scholars who have approached the term we are now analyzing. Thus, for example, among those, Kelsen's theory stands out, carried out by the Austrian jurist who gives it its name and which raises a distinction between moral and physical persons, or organicist theory. The latter stands out because it establishes that legal persons are living realities.
The regulation of legal status depends on each nation. In general, it can be said that legal status does not always have to coincide with the Physical person : This is a broader notion that includes those actions developed by entities that have full legal validity.
The legal person , therefore, is a subject of rights and obligations It can be created by one or more natural persons. A legal person, in this way, can serve as a subject of law and take legal action.
The legal status is born from a legal act (known as the act of incorporation) that includes recognition by an administrative body or an authority. Typically, this constitutive act includes the inscription of the personality in a public registry.
When talking about any legal person, it is also established that it must have a series of bodies that are responsible for directing it, developing its actions and thus achieving the objectives and results that have been established. Specifically, among the most common bodies that exist are the Board of Directors, which is responsible for managing and also representing that, or the Board of partners.
And all this without forgetting that any legal status must have a statute that will be the document that will establish its own rules of operation.
In addition to all of the above, we must emphasize that it is advisable that social organizations establish themselves as legal entities. And it is that in this way legal acts may be undertaken in their representation and name.
However, not only for this reason, but also for the fact that they may request a series of tax exemptions such as profits, which are gross income and also VAT (Value Added Tax).
The criminal liability associated with a crime it did not usually fall on a legal person, but it applied to the natural persons behind it. In that case, the legal entity was only responsible for the damages, since it had civil and non-criminal responsibility.
Currently there are laws that contemplate the criminal punishment of the legal person. Although obviously you cannot impose all kinds of penalties, some criminal penalties are appropriate, such as disqualifications for economic crimes. In any case, criminal responsibility depends on the legal system of each territory.