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costituendo

Costituendo is a term used in Italian law to describe a person or entity that is in the process of being established or created. In a corporate or associative context, it often refers to the entity or the group of persons that are in the phase of forming a new legal body, such as a company, a foundation, or a partnership. The most common expression is sociétà costituenda, meaning the company to be formed.

In corporate formation, the costituenda typically does not have full legal personality until the formal act

The term costituente or costituendo can also be used more generally to denote founders, promoters, or organizers

Etymology: costituendo stems from the verb costituire, meaning to constitute or establish. The plural form is

of
incorporation
is
completed
and
the
entity
is
entered
in
the
appropriate
public
registry.
The
preparatory
acts,
such
as
the
drafting
and
signing
of
the
deed
of
incorporation
and
the
bylaws,
set
out
the
rights
and
obligations
of
the
future
company
and
its
promoters.
Obligations
undertaken
before
registration
may
fall
on
the
promoters
personally,
unless
the
deed
provides
that
they
will
be
borne
by
the
future
company
once
formed.
in
contexts
beyond
corporate
law,
including
associations,
committees,
or
other
forms
of
collective
bodies.
It
emphasizes
the
transitional
status
between
intention
and
legal
existence.
costituendi.
See
also
sociétà
costituenda,
atto
di
costituzione,
statuto,
and
persona
giuridica.