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The difference between a corporate legal person and an enterprise legal person: the scope of an enterprise legal person is larger than that of a corporate legal person, and a corporate legal person belongs to an enterprise legal person.
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. Including enterprises owned by the whole people, collectively owned enterprises, joint ventures, corporate enterprises, etc.
A corporate legal person is a form of organization of an enterprise and a for-profit association. There are two basic types of corporate legal persons in China, namely limited liability company and share****.
Article 3 of the Company Law stipulates that 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.
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1. The purpose is different.
The main purpose of a corporate corporation is to make a profit.
The legal person of public institution takes social welfare as the main purpose and takes into account economic benefits.
2. The nature is different.
Public institutions are generally institutions set up by the state with a certain public welfare nature.
An enterprise is a legal person or unincorporated entity that is independently accounted for profit.
3. Different functions.
Public institutions are some public welfare units and non-public welfare functional departments with the main purpose of leading functions and public welfare services. It participates in the management of social affairs, performs management and service functions, and aims to serve the society, mainly engaged in education, science and technology, culture, health and other activities.
Enterprises solve their own personnel support, social services, and create wealth value through their own profits. The registration of enterprise units shall be carried out by the administrative department for industry and commerce. The enterprise unit signs a labor contract with the employee. In the event of a labor dispute, the enterprise shall conduct labor arbitration.
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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.
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Legal Analysis: A legal person: An enterprise legal person is an economic organization that has independent property stipulated by the state, has a sound organizational structure, articles of association and a fixed place of hail, and can independently assume civil liability, enjoy civil rights and bear civil obligations.
Legal representative: This legal representative is an ordinary natural person, not a virtual one. The legal representative pants is a legal concept, is a very important registration matter of an enterprise, any unit that is a legal person will have a business license, which will indicate who is the legal representative of the unit.
Legal basis: Article 61 of the Civil Code of the People's Republic of China In accordance with the provisions of the law or the articles of association of the legal person, the person in charge of engaging in civil activities on behalf of the legal person is the legal representative of the legal person. The legal consequences of civil activities carried out by the legal representative in the name of the legal person shall be borne by the legal person.
Under what circumstances is a corporate legal person liable?
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That is, the system of denial of the company's legal personality means that when the controlling shareholder violates the principle of good faith in order to evade legal obligations or responsibilities, abuses the legal personality or the limited liability treatment of the shareholder, and causes serious damage to the interests of creditors, the court or arbitration institution has the right to order the controlling shareholder to directly perform legal obligations and bear legal responsibilities to the company's creditors. >>>More
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. >>>More
1. The person in charge of the enterprise is a natural person, generally speaking, the legal representative of a small company is the person in charge, and if the matter cannot be managed, multiple persons in charge can also be appointed. The specific person in charge is responsible for the relevant responsibilities and assumes the corresponding responsibilities, such as the general manager, the project leader, the quality leader, the production leader, the chief engineer, the deputy chief engineer and so on. If the liability incurred is not related to a specific person in charge, it may not be liable; >>>More