What is Entity Legal Form (ELF) code?

Entity Legal Form (ELF) code

The Entity Legal Form (ELF) code is a standardized identifier used to classify the legal form or structure of a business entity or organization. It is part of a global effort to categorize entities in a way that is consistent and easy to understand across different jurisdictions and legal systems. The ELF code helps in identifying the legal nature of an organization, such as whether it is a corporation, partnership, limited liability company, sole proprietorship, or other types of legal entities.

Key Points About ELF Code:

• Purpose: The ELF code is used to classify entities based on their legal structure. This can help in understanding the type of business, its legal status, and the applicable laws that govern it.
• Global Standardization: ELF codes are part of international initiatives aimed at improving data consistency and transparency in the global financial system, similar to other codes like the Legal Entity Identifier (LEI).
• Usage in Financial Reporting: ELF codes are used in various financial and regulatory reporting requirements, helping to ensure that businesses and their activities are properly identified according to their legal structure.
• Unique Identifier: The ELF code allows entities to be easily classified without ambiguity, providing a standardized reference to their legal form.

In the intricate world of global finance, identifying and classifying legal entities is paramount. To address this need, the Global Legal Entity Identifier Foundation (GLEIF) introduced the "Entity Legal Forms (ELF) Code List" in November 2017. This comprehensive list covers over 1,600 entity legal forms across more than 50 jurisdictions. By providing unique alpha-numeric codes for various entity types like Limited Liability Partnerships (LLPs), Gesellschaft mit beschränkter Haftung (GmbH), and Société Anonyme (SA), the ELF Code List standardizes the reference data on legal entities, enhancing the business card information integral to every Legal Entity Identifier (LEI) record. This initiative is rooted in the ISO standard 20275, "Financial Services - Entity Legal Forms (ELF)," established in July 2017.

The Importance of ELF Codes

The ELF Code List is crucial for improving the user experience in financial transactions by offering richer data that helps classify legal entities, providing greater insight into the global market environment. According to research conducted by GLEIF, the entity legal forms included in the ELF Code List are continuously updated, with revised versions released periodically. The goal is to identify and codify entity legal forms used worldwide, thereby facilitating easier classification of legal entities based on their legal form.

Types of Entity Legal Forms

• Sole Proprietorship: This is the simplest business structure where the business is owned and operated by one individual. There’s no legal separation between the owner and the business, so the owner is personally responsible for all debts and liabilities.
• Partnership: A partnership involves two or more people who share ownership of a business. Partners share profits, losses, and responsibilities. There are variations, such as general partnerships and limited partnerships, based on the liability of each partner.
• Corporation: A corporation is a separate legal entity from its owners (shareholders). It can own property, enter into contracts, and be sued in its own name. Corporations offer limited liability protection to their shareholders but are subject to more regulations and taxes.
• Limited Liability Company (LLC): An LLC is a hybrid structure that offers the limited liability of a corporation and the flexibility of a partnership. Owners (members) are protected from personal liability for business debts, and the business enjoys more operational flexibility compared to corporations.
• Cooperative: A cooperative is an organization owned and operated by its members, who typically share in the profits or benefits. It is often formed for mutual benefit, such as in consumer or worker cooperatives, where the goal is not only to make profits but also to serve the interests of members.

How to Choose the Right ELF for Your Business

• Factors to consider when selecting an ELF: Choosing the right ELF depends on various factors, including the size of the business, desired liability protection, tax preferences, funding requirements, and long-term goals. For example, a small solo business may choose a sole proprietorship, while a larger business may opt for an LLC or corporation.
• Comparing different types of ELF:  This section compares the features of each ELF, highlighting the advantages and disadvantages of each structure. It will help business owners make an informed decision about which ELF aligns best with their business goals and needs.

ISO Standard 20275 and Its Impact

ISO standard 20275 serves as the foundation for the ELF Code List. It provides a clear plan to distinguish the various entity legal forms within a jurisdiction, promoting the codification of legal forms and enabling easier categorization of legal entities. The standard defines an entity's legal form as the "type of entity that it is considered to be within the legal or regulatory system under which it is formed." This identification is critical in financial services transactions, as it helps recognize the kind of entity involved in commercial partnerships and financial transactions, thereby enhancing understanding of capital access and risk exposure.

Role of GLEIF in Maintaining the ELF Code List

The GLEIF, in collaboration with ISO Technical Committee 68 Financial Services and ISO members, plays a pivotal role in maintaining the ELF Code List. The Swiss Association for Standardization (SNV) serves as the Secretariat of the Maintenance Agency for ISO 20275, while GLEIF is tasked with identifying existing entity legal forms and assigning unique ELF codes in compliance with the standard. This systematic identification ensures that entities are categorized based on their legal constitutions, providing consistency and clarity in the global market.

Conclusion

The Entity Legal Forms (ELF) Code List, underpinned by ISO standard 20275, represents a significant step towards standardizing the identification and classification of legal entities worldwide. By offering unique codes for various entity types, the ELF Code List enhances the business card information in LEI records, promoting transparency and insight into the global financial market. GLEIF's ongoing efforts in maintaining and updating the list ensure that the classification of legal entities keeps pace with the evolving global market environment, thereby supporting regulators and market participants in making informed financial decisions.

FAQ

1. What is an Entity Legal Form (ELF)?

An Entity Legal Form (ELF) refers to the legal structure of a business, such as a sole proprietorship, partnership, corporation, or LLC. It defines the business's legal responsibilities, tax obligations, and liability protections.

2. What is an Entity Legal Form (ELF) Code?

The Entity Legal Form (ELF) code is a standardized reference code that identifies the legal form of an entity, such as a private limited company, public limited company, partnership, trust, or cooperative. It was introduced by the Global Legal Entity Identifier Foundation (GLEIF) to ensure consistency and transparency in identifying legal entity types worldwide.

3. Why is the ELF Code Important?

The ELF code helps regulators, businesses, and financial institutions understand the legal structure of an entity when assessing compliance, risk, and accountability. It simplifies cross-border transactions by providing a standardized way to recognize legal forms globally, avoiding confusion caused by local naming differences.

4. How is an ELF Code Used?

The ELF code is linked to an entity’s Legal Entity Identifier (LEI) record. When you look up an LEI, the ELF code shows the legal form of that company—for example, whether it’s a Private Limited Company (Pvt Ltd) in India or a GmbH in Germany.

5. Who Maintains ELF Codes?

The codes are maintained by GLEIF, which updates and publishes them in line with the ISO 20275 standard for legal entity forms.

6. Where Can I Find an Entity’s ELF Code?

You can find it by performing an LEI Search on the GLEIF database or through an authorized LEI Issuer/Validation Agent, which will display the entity’s legal form as part of its LEI record.