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Anonymous users2024-02-06OK. The legal representative can be a manager or not. According to the provisions of the New Company Law, there are three types of persons (chairman, executive director, and general manager) who can be legal representatives.
As for the legal representative, there is only one person; The relationship between the three is an "or".
A few points to note about corporate legal persons:
The legal representative is the highest administrative officer of the company and exercises his duties in accordance with the authority conferred by the articles of association. The legal representative bears the responsibilities and enjoys the rights of the shareholders (or shareholders' meeting). Therefore, the legal representative of the non-shareholder should sign an employment contract with the shareholder (shareholders' meeting) to clarify the rights and obligations of both parties.
If you don't have an employment contract, there's a lot of risk. For example, if the company does something illegal or owes debts abroad, the law enforcement department or the creditor must go to the company to find a legal representative to deal with it.
On the other hand, if something goes wrong within the company, the shareholders (shareholders' meeting) will also hold the legal representative accountable.
If the legal representative of the company has the authority to actually manage the company, whether the company has any problems is clear in his heart, on the contrary, if he is only the legal representative in name, it must be a trap and should be careful.
It is not legal to be arranged as the legal representative of the company without one's knowledge. If you don't want to be the legal representative, you can ask your boss to change the legal representative. If the boss refuses to change the legal representative and there is no legitimate reason to persuade you to accept the appointment, you can apply to the administrative department for industry and commerce to revoke your appointment.
If this signature is not your signature, this document is invalid, and the appointment of you as the legal representative is also invalid.
The minimum registered capital of a general registered limited liability company is 30,000 yuan, but there must be two or more shareholders; The minimum registered capital of a one-person limited liability company is 100,000 yuan, and only one ** dong is required.
2) Registered capital.
3) Prepare a number of registered company names.
4) The company's business scope.
5) Rental real estate certificate and lease contract.
Procedure: 1) Approval of enterprise name (Industrial and Commercial Bureau).
2) Private seal, capital verification report (public security special section, bank).
3) Apply for a business license (industrial and commercial bureau).
4) Handle the organization ** certificate (Technical Supervision Bureau).
5) Apply for tax registration certificate (tax bureau).
6) Open a basic bank account (bank).
7) Apply for an invoice (tax office).
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Anonymous users2024-02-05A legal person is not necessarily a natural person, but a unit, organization or individual that can independently bear civil liability and enjoy rights.
The legal person in the company is not a natural person, of course, it cannot be the general manager!
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Anonymous users2024-02-04Of course, it can not be a person, you can consult the local company registration agency, just say that you want to register a company, they will give you a detailed answer.
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Anonymous users2024-02-03Legal Analysis: Yes. The legal person and the general manager of the company can be the same person, and the legal person of the company needs to be the chairman, executive director and manager.
Legal basis: Company Law of the People's Republic of China
Article 12 The business scope of the company shall be stipulated in the articles of association of the company and shall be registered in accordance with the law. The company may amend the articles of association and change the scope of business, but it shall go through the registration of the change. The company's business scope is subject to approval in accordance with laws and administrative regulations, and shall be approved in accordance with the law.
Article 13 The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.
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Anonymous users2024-02-02Legal person and general manager are not the same meaning. A legal person is a company, an organization, and the general manager is a natural person. According to the relevant laws and regulations, the legal representative may be a manager, an executive director, or a third party may be hired.
Article 3 of the Company Law A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. The shareholders of a limited liability company are liable to the company to the extent of their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.
Article 4 The shareholders of the company shall enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.
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Anonymous users2024-02-01The legal person of the company does not have to be the chairman of the board of directors or the general manager, but can also be the executive director or manager.
Legal basis: Company Law of the People's Republic of China
Article 13 In accordance with the provisions of the articles of association, the legal representative of the company shall be the chairman of the board of directors, the director or manager of the sales chair, and shall be registered according to law. If the legal representative of the company is changed, the change registration shall be completed. Medium socks.
Article 14 A company may set up a branch office. To establish a branch, it is necessary to apply for registration with the company registration authority and obtain a business license. The branch does not have the qualification of a legal person, and its civil liability is borne by the company.
A company may establish a subsidiary, which has the status of a legal person and independently bears civil liability in accordance with the law.
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