A Business Entity's Role in Relation to Commercial Law: An Analysis, By Kuldeep Sharma

By : Kuldeep Sharma, BBALLB Student, Karnavati University, Ahmedabad, Gujarat 

Abstract :

The business entity presumption is a bookkeeping principle that establishes a legal distinction between transactions made by a business and transactions made by the proprietor. It may also occasionally make reference to the division of several departments inside an organization. Each unit keeps track of its assignments and is responsible for its communications. It also applies to smaller endeavours; thus, it doesn't simply relate to the larger well-known substances. A solo proprietor should keep his transactions apart from those related to his firm. Additionally important for business with multiple duties is this notion. An organization might, for instance, operate both an airline and a hotel. In order to determine the organization's true assessment, it is customary for the organization to present the budget summaries of these two items separately. The two most well-known types of business components are "Sole Proprietorship," which simply refers to an individual who owns the business and is personally liable for its debts, and "Partnership," which is a formal agreement by two or more parties to manage and operate a business and share its profits. A body of law known as "commercial law" governs people, businesses, and merchants who participate in trade, sales, and commerce. Exchange between companies and customers is properly governed by commercial law. In order for the exchange to be handled properly, it creates a managed framework that is reasonable for the two groups. Without these arrangements of regulations that regulate how trade is conducted, it would create a wild west scenario that would drive both firms and customers nuts. Every commercial lawyer's job is to make sure that their clients' businesses operate in accordance with local regulations and legal requirements.

Objectives:

The report's goal is to present our understanding of the different parts of the business entity concept. The main goals of the study are to describe the idea of a business entity, demonstrate the function of various business entity types, and clarify how commercial law regulates interactions between firms and clients. The study begins with a basic review of business entities, then moves on to different types of entities, the significance and fundamentals of commercial law, and finally the function of business entities in connection to commercial law.

In addition, we attempted to describe how commercial law aids in the management of legal relationships with other businesses, consumers, and even banks. 

Literature Review :

as said by uslegal.com A notion known as the "business entity concept" holds that a business entity is separate and distinct from its owners and from other business entities. Each organization has its own liabilities and assets. Every business has its own set of accounting records that are kept distinct from the others, and the financial statements that are created only reflect the financial situation and operational outcomes of that specific business. Anglo-American law does not use the phrase "commercial law" as a term of art. According to Professor Bruno Greene, "If pressed for a definition of "commercial law" as it appears in the American legal system today, an American lawyer would be embarrassed for an answer, as the term does not denote to him a segment of his law, but merely a convenient denomination of transactions which he had been trained to label." However, "commercial law" has been used increasingly frequently as a synonym for the body of legislation covered by the Code since the Uniform Commercial Code was adopted in nearly all US jurisdictions. This change in usage is now more clearly demonstrated than ever before in the most recent update to the entry for "commercial law" in Black's Law Dictionary. The entry in the 1968 edition stated: "A term used to represent the entire body of substantive law relating to the rights, conduct, and relationships of those engaged in commerce, trade, or commercial enterprises. The word is not very precise or scientific. Due to the fact that international trade is conducted through shipping, the word "maritime law" has occasionally come to be used interchangeably; nevertheless, the definition of "commercial law" is stricter and encompasses many transactions and legal issues that have nothing to do with shipping or related accidents."

The study's scope:

The course focuses on several forms of business entities and the regulations that govern their operations in the current, complicated corporate environment. In transactions between firms and clients, it so applies corporate laws. The paper focuses on the ramifications and importance of the business entity idea as well as how the business entities are affected by commercial law. Additionally, it describes how crucial commercial law is to controlling how business organizations interact with one another, with consumers, with the government, with society, and with other stakeholders.