Ühingutena

Ühingutena is an Estonian term derived from the word ühing, meaning "company" or "corporation". The suffix –tena is an instrumental plural form, so ühingutena literally translates to "as companies" or "in the capacity of companies". It is commonly used in legal and business contexts to indicate that the parties involved are acting under the legal status of corporate entities rather than as individuals.

In Estonian commercial law, the concept of ühingutena is significant when drafting contracts, share agreements, or lease documents. When a clause states that certain actions are to be performed ühingutena, it clarifies that the entities have the rights, obligations, and liabilities of separate legal persons under Estonian Company Law (the Estonian Companies Act). This distinction is important because individual members or shareholders of a company are not automatically bound by the company’s decisions and contracts unless the company is expressly represented by its directors or duly authorized officers.

Estonia recognises several types of companies, and the term ühingutena applies to any of them. The most common forms include Osaühing (OÜ), a private limited company with a minimum share capital of €2,500, and Aktsiaselts (AS), a public limited company that can issue shares to the public and must maintain a share capital of at least €25,000. Other forms such as Kiinseühing (KiU), a joint venture, and Ühiskonnad (ÜH), a form that allows for a public‑private partnership, can also act ühingutena in contractual settings.

When parties sign a document listed as ühingutena, the signatures are typically made by authorized representatives such as directors, managers, or legal counsel. The agreement must also specify the legal capacity of the signatures and, if necessary, provide proof of authority, such as board meeting minutes or a shareholders’ resolution. This practice safeguards both parties by ensuring that contractual obligations are enforceable against the corporate entity rather than the individuals signing on its behalf.

In summary, ühingutena denotes that parties are executing or agreeing to terms under the legal identity of a company. It is a standard phrase in Estonian commercial documentation that clarifies the corporate nature of the actors involved and delineates the boundaries of legal responsibility.