What does it mean that an enterprise group does not have the legal personality of a business

1. The enterprise group does not have the characteristics of an enterprise legal person.

2. An enterprise 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. According to the provisions of the General Principles of the Civil Law, there are four main types of legal persons in China: government legal persons, public institution legal persons, enterprise legal persons and association legal persons.

This "conglomerate" is not the same thing as the conglomerate (company) you are talking about.

"Business group" means that many enterprises form a consortium and want to form the European Union as European countries, but the EU itself is not a sovereign state.

The "group" you are talking about is a group company, which itself is a company, and the company has the status of a corporate legal person.

In China, it mainly includes sole proprietorship, partnership, and branch.

A partnership does not mean that it does not have the status of a legal person, but that a legal person is a social organization, a social organization that has the capacity for rights and conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law. The requirements are that the first is established in accordance with the law, and the second is that there are necessary assets or funds. Third, it has its own name, organization, structure and place, and fourth, it can independently bear civil liability.

Only those who meet the above four necessary conditions can be established in accordance with the law, and only the legal person of the institution with these is the legal spokesperson.

Extended Materials. One. Basic definition of sole proprietorship.

A sole proprietorship refers to an enterprise that is owned and controlled by an individual, bears the operating risks and enjoys all the operating benefits. Natural person enterprises. The oldest and simplest form of business organization.

It is mainly prevalent in retail, handicrafts, agriculture, forestry, fishing, service and cottage workshops.

Sole proprietorship does not need to be registered in many parts of the world. Under this system, simple business arrangements such as hawkers and nannies are legally a sole proprietorship. Even temporary economic activities, such as buying and selling transactions between individuals, are legally treated as sole proprietorships.

Often, certain types of sole proprietorships are required to register to facilitate law enforcement activities, such as restaurants, to facilitate hygiene inspections. Another reason for registration is the trademark, the owner has the right to use the name of the individual as the enterprise brand, such as "Zhang San's restaurant", but the law usually requires the owner to register the trademark of other names in case there is a trademark dispute.

Two. Characteristics of a sole proprietorship.

1) The establishment and dissolution procedures of the enterprise are simple.

2) Flexible and free operation and management. Business owners can determine their business strategies and make management decisions based solely on their personal will.

3) The owner has unlimited liability for the debts of the business. When the assets of the business are insufficient to pay off its debts, the owners pay the debts of the business with their personal property. It is conducive to protecting the interests of creditors, but sole proprietorship is not suitable for high-risk industries.

4) The scale of the enterprise is limited. The limited operating income of a sole proprietorship, the limited personal property of the business owner, and the limited work energy and management level of the business owner all restrict the expansion of the business scale of the enterprise.

5) Lack of reliability in the presence of the enterprise. The survival of a sole proprietorship depends entirely on the personal gains and losses of the business owner, and the life span of the enterprise is limited. In the modern economy and society, sole proprietorship plays an important role.

Sole proprietorships and partnerships do not have legal personality.

Social organizations such as government organs, groups, enterprises, public institutions, and other social organizations that independently participate in civil activities in the name of a legal person have the status of a legal person. Bear civil liability independently. Whether or not civil liability can be borne independently is an important indicator that distinguishes a legal person organization from other organizations.

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 115 of the Company Law A company shall not provide loans to directors, supervisors or senior management directly or through its subsidiaries. Article 14 The company may set up a branch. To set up a Zhengshen Chunli branch, it shall apply for registration with the company registration authority and obtain a business license.

A branch office does not have legal personality, 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.

Enterprises that do not have legal personality mainly include branches, partnerships, and sole proprietorships. At present, the number of domestic enterprises is very large, and it can also be divided into many different types, some enterprises have legal personality and need to assume due social responsibilities and obligations, and some enterprises as long as they do not have legal personality. Specifically, what are the companies that do not have legal personality?

1.First of all, enterprises that do not have the status of a legal person have sole proprietorship enterprises, which are operated independently by individuals and do not have legal personality in accordance with the laws and regulations issued by the relevant state departments.

Li Weihong 2Secondly, enterprises that do not have legal personality also include partnership enterprises, which do not have a specific single legal person, and legal persons include multiple persons, and according to the relevant laws and regulations of the state, they do not belong to enterprises with legal personality.

3.Finally, enterprises that do not have legal personality also include branch offices. There are certain differences between the branch and the head office and the headquarters, and they are mainly branches assigned by the head office, and do not have the status of a legal person.

A legal person is the owner of a social organization, has the capacity for conduct and rights granted by the relevant departments of the state, and independently enjoys the corresponding civil rights in accordance with the laws and regulations, and at the same time bears due civil obligations.

Through the above analysis, it can be seen that there are three main types of enterprises that do not have the status of legal persons, and these enterprises do not have the civil rights and civil obligations that legal persons should enjoy.