What does a corporate corporation do? What is a corporate legal person

Generally speaking, as the legal representative of the company, there will be certain shares and dividends, in addition, the legal representative also has the following rights: 1. The legal representative of the enterprise shall exercise his powers and perform his obligations within the scope of his authority stipulated in national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the legal person of the enterprise, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant authorities. 2. The legal representative of the enterprise may entrust others to perform the duties on his behalf.

3. The legal representative of an enterprise shall not concurrently serve as the legal representative of another enterprise legal person at the same time. 4. The legal representative of the enterprise legal person is the signatory who exercises authority on behalf of the enterprise. 5. The signature of the legal representative shall be filed with the competent registration authority.

The document signed by the legal representative is a legal document representing the legal person of the enterprise. The legal representative is at risk, and if the company does not repay the debt, the legal person does not need to be liable, but there is evidence to prove that the legal person needs to bear joint and several liability and even be subject to criminal punishment for the debts arising from the misconduct of the legal person. If the legal representative of a one-person company, as a shareholder of the company, cannot prove that the company's property is independent of his own property, he shall be jointly and severally liable for the company's debts.

First, many people often confuse legal persons with legal representatives.

I often hear people say it"A certain person is a legal person of a certain unit"In this case, it is a failure to understand the difference between a legal person and a legal representative, and the legal representative of a certain entity is mistaken for a legal person.

Second, what is a "legal person".

Legal person: According to the general principles of China's civil law, a legal person refers to an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. It is quite clear here that a legal person is an organization, not a certain person, not the leader of a certain chapter.

3. What is a "legal representative (legal representative)"?

The legal representative is the legal representative (this article does not make a further distinction between the legal representative and the legal representative, and it is common sense that the two are the same).

The General Principles of Civil Law stipulate that the legal representative refers to the person in charge who performs duties on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person. A legal representative is an organ of a legal person and is a natural person.

Fourth, many people still cannot distinguish the relationship between the legal representative and the legal person he represents in terms of bearing civil liability.

There was once such a ridiculous thing, a corporate legal person, applied for a credit card from a bank, and handed it to the legal representative for business use for the enterprise, and the legal representative handled the enterprise affairs overdraft of 20,000 yuan. Later, when the business was closed, the bank failed to recover the amount owed. After the closure of the enterprise, the bank appointed a lawyer to claim money from the original legal representative of the enterprise, on the grounds that the credit card was used by the legal representative, and the signature of the legal representative was also used when applying for a credit card.

As an organization, a legal person can only be represented by the organs of the legal person to carry out civil acts on behalf of the legal person, and the legal person shall bear civil liability for the acts of its legal representative and other staff members in the performance of their duties, which is clearly stipulated in the General Principles of the Civil Law. So the bank's approach is wrong. This is true for both private and state-owned companies

Of course, if it is a sole proprietorship, a partnership or a sole proprietorship, the situation is different, because such an institution is not a "legal person", that is to say, these organizations do not "independently enjoy civil rights and bear civil obligations in accordance with the law" as mentioned in Article 2 of this article, and the debts of these organizations should be repaid with the property of these organizations and the property of the founders.

A corporate legal person is not a real person, specifically, the name of the enterprise.

The legal representative of the enterprise is a real person, specifically, the person in charge of the enterprise, whose positions are generally the chairman, general manager, factory director, etc.

Can you describe your problem in detail. I will probably reply to you that the legal person of the enterprise is the company, and the legal representative is a natural person who is the person in charge of the enterprise and is responsible for the enterprise.

An enterprise legal person is a type of legal person, which refers to an enterprise organization that can enjoy civil rights and bear civil obligations in its own name. The legal representative of an enterprise refers to the person in charge of exercising civil rights and performing civil obligations on behalf of the enterprise legal person in accordance with law. The General Principles of the Civil Law stipulate that enterprises owned by the whole people and collectively owned enterprises have the amount of funds in accordance with the provisions of the state, have the articles of association, organizational structure and premises, can independently bear civil liability, and obtain legal personality after approval and registration by the competent authority.

Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China that meet the requirements of legal persons shall be approved and registered by the administrative authorities for industry and commerce in accordance with the law and obtain the status of Chinese legal persons. The Law on Industrial Enterprises Owned by the Whole People stipulates that the director (manager) of an enterprise is the legal representative of the enterprise. The Company Law stipulates that the board of directors of a company and the chairman of the board of directors are the legal representatives of the company.

According to the laws of our country, an enterprise legal person shall bear civil liability for the business activities of its legal representative and other staff, and the legal representative of an enterprise shall conduct litigation activities on behalf of the enterprise legal person.

A corporate legal person is a corporation, including a limited liability company and shares. The company has independent legal person property, independently enjoys civil rights and bears civil obligations in accordance with the law, and has its own name, organizational structure, domicile, property or funds.

[Legal basis].

Article 3 of the Company Law of the People's Republic of China.

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of 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 57 of the Civil Code.

A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law.

Article 58.

Legal persons shall be established in accordance with law.

Legal persons shall have their own name, organizational structure, domicile, property, or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.

Where laws or administrative regulations provide that the establishment of a legal person must be approved by the relevant organs, follow those provisions.

Article 76.

A for-profit corporation is established for the purpose of obtaining profits and distributing them to shareholders and other investors.

For-profit legal persons include limited liability companies, joint-stock companies and other corporate legal persons.

1. According to the nature of ownership of enterprise assets, enterprise legal persons include: enterprise legal persons owned by the whole people, collectively owned enterprise legal persons, Sino-foreign joint venture legal persons, Sino-foreign cooperative joint venture legal persons and wholly foreign-owned enterprise legal persons, as well as joint ventures with legal personality and other enterprises or companies with legal personality established between them. 2. According to the form of the enterprise system, the classification includes:

Individual businesses, partnerships, and corporations. The first two are unincorporated organizations, and the limited liability company and the stock **** in the corporate enterprise are both corporate legal persons.

An enterprise legal person refers to a social and economic organization that independently engages in the production and operation of commodities for the purpose of making profits. In some Western countries, corporate legal persons refer to shares and limited liability companies. In China, in addition to corporate legal persons, there are also types of enterprise legal persons, such as state-owned enterprise legal persons and collective enterprise legal persons.

With the gradual establishment of China's modern enterprise system based on the company system, in the future, China's enterprise legal person will mainly refer to the company legal person. A social and economic organization that meets the legal requirements of the national law, such as the amount of funds, enterprise name, articles of association, organizational structure, and domicile, and can independently bear civil liability, and has been approved and registered by the competent authority (industrial and commercial department) to obtain the status of a legal person. Article 3 of the Company Law.

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 the limited company shall be liable to the company to the extent of the amount of capital contribution subscribed by the company; 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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A corporate legal person is the legal representative of an enterprise legal person, who engages in civil activities on behalf of the legal person, and after becoming the legal representative, its natural personality is absorbed by the legal person, and the liabilities for the civil acts carried out in the capacity of the legal person representative are borne by the legal person. However, the responsibility for exercising civil acts unrelated to the status of the legal representative shall be borne by the legal representative, and where the legal representative is at fault in exercising the right of representation in violation of laws and regulations, he shall bear the corresponding responsibility.

What does a corporate person do?

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A corporate legal person is the legal representative of an enterprise legal person, who engages in civil activities on behalf of the legal person, and after becoming the legal representative, its natural personality is absorbed by the legal person, and the legal person bears all the responsibilities for the civil acts of Qi Chabang in the capacity of the legal representative. However, the responsibility for exercising civil acts unrelated to the identity of the legal representative shall be borne by the legal representative, and if the legal representative is at fault in exercising the right of representation in violation of the law or the law, he shall bear the corresponding responsibility.

Extended information: (1) The legal representative of the company shall exercise his powers and perform his obligations within the scope of authority stipulated in national laws, regulations and the articles of association of the company, participate in civil activities on behalf of the company's legal person, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the company. (2) The legal representative of the company may entrust another person to perform the duties on his behalf.

3)) The legal representative of the company shall have a written entrustment when entrusting another person to perform duties on his behalf. Duties that laws and regulations provide must be performed by the legally-designated representative must not be entrusted to another person to perform them on their behalf. (4) The legal representative of the company shall not concurrently serve as the legal representative of another enterprise legal person at the same time.

If it is concurrently held due to special needs, it can only be held concurrently in an enterprise with a subordinate relationship or an associate or investment shareholding, and shall be strictly reviewed by the competent department of the company or the competent registration authority. (5) The legal representative of the legal person of the company is the signatory who exercises authority on behalf of the enterprise. (6) The signature of the legal representative shall be filed with the competent authority for industrial and commercial registration.

The document signed by the legal representative is a legal document on behalf of the person of the enterprise law.

What exactly does a company do?

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We're happy to answer your questions! The legal person of the company is specifically to participate in civil activities on behalf of the enterprise, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant organs. (1) A legal person is not a person, but a kind of Shezhou Zhenkuanhui organization, a kind of aggregate, and a collection of organizations that are endowed with legal personality by law.

This is the fundamental difference between a legal person and a natural person. It can be a collection of individuals or a collection of property. Where they do not appear in the name of an organization aggregate as a civil entity, they cannot be legal persons.

2) Have the capacity for civil rights and civil conduct. It can enjoy and exercise civil rights and create and assume civil obligations in its own name and through its own actions. A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated.

3) Independently enjoy civil rights and bear civil obligations in accordance with law. It has its own independent rights and interests, and can independently enjoy rights and assume obligations in its own name. (4) Independently bear civil liability.

Whether or not civil liability can be borne independently is an important indicator that distinguishes a legal person organization from other organizations. Article 60 of the Civil Code stipulates that a legal person shall independently bear civil liability with all its property.

An enterprise legal person refers to a social and economic organization that meets the legal requirements such as the amount of funds, the name of the enterprise, the articles of association, the organizational structure, and the domicile of the state, and can independently bear civil liability, and has obtained the status of a legal person with the approval and registration of the competent authority. China's enterprise legal persons include: enterprises owned by the whole people, enterprises under collective ownership, domestic-funded limited liability companies, joint-stock enterprises, and Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China.

Wait. 1) For the purpose of profit, the enterprise legal person is responsible for providing use value and obtaining value before the deficiency, and the for-profit nature of the enterprise legal person requires that it enjoy independent autonomy and management rights.

2) The enterprise legal person must have property owned or operated by itself. The independent property of an enterprise legal person is the basis for its independent operation and responsibility.

3) It is the basic characteristics of an enterprise that a legal person has independent economic interests, operates independently, is responsible for its own profits and losses, self-restraint and self-development.

Refer to the original text.

Legal Analysis: An enterprise legal person refers to a social and economic organization that independently engages in commodity production and business activities for the purpose of making profits. In some Western countries, corporate legal persons refer to shares and limited liability companies.

In China, in addition to corporate legal persons, there are also types of enterprise legal persons, such as registered state-owned enterprise legal persons and collective enterprise legal persons.

Legal basis: Company Law of the People's Republic of China Article 3 The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of 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 the amount of their subscribed out-of-state destruction or capital; The shareholders of the shares are liable to the company to the extent of the shares they subscribe. Aftermato.