Are all companies legal entities? Is the company a legal person?

If the correction goes downstairs, the subsidiary has legal personality, and the branch does not have legal personality. In special cases, a branch office also has legal personality, such as a branch of an insurance company.

Legal analysis: No, the company is established in China in accordance with the Company Law and is a for-profit enterprise legal person, including a limited liability company and shares. 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.

Legal persons can be divided into: Enterprise legal person, government agency legal person, public institution legal person, social organization legal person, etc.

Legal basis: Article 57 of the Civil Code of the People's Republic of China 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 law.

Legal Analysis]: The company is not a legal person, the company is established by the shareholders' investment and participation, and the shareholders or the board of directors decide the company's legal person, and the legal person is the controller with legal status and the company's legal obligations, and bears legal responsibility for the company's daily operation. The name of the legal person is written on the company's business license, and the legal person ID card and legal person seal must be required to open an account in the bank.

Usually the legal person is the enterprise, the unit, the enterprise legal person is the legal representative (very clear on the business license), "partnership" is the joint investment of the "****".

Further information: The responsibilities of a corporate legal person are:

1. The legal representative of an enterprise shall bear different statutory responsibilities on different occasions, and there are many types. For example, on behalf of a business, a personal signature can lead to the consequence that the business is liable; If the enterprise goes bankrupt and bears personal liability, the legal representative will be subject to many restrictions on re-operating the enterprise in the future;

2. If the legal person has no establishment defects, it shall bear the liability for losses and shall not be a shareholder or a legal representative. Of course, in the case of a state-owned enterprise, the legal representative has committed dereliction of duty, unless the severity reaches the level of criminal law investigation or administrative sanctions should be given;

3. As long as a sole proprietorship legal person can distinguish between legal person property and personal property, it does not need the legal representative to bear civil liability. In the case of corporate liabilities in the form of ****, the company shall bear all the property, and no shareholders shall bear it personally, except for those with defects in capital contribution at the time of establishment;

4. Bear civil liability for compensation to the legal person due to business faults;

5. The legal representative may bear the legal liability for civil tort due to the individual or joint infringement of the property of the unit. Civil sanctions, fines, detentions for violations.

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 their subscribed capital contributions; The shareholders of the shares are liable to the company to the extent of the shares they subscribe.

Legal Analysis: A business is not necessarily a legal person. For example: Sole proprietorship.

A partnership is a business, not a legal person. A sole proprietorship, referred to as a sole proprietorship, refers to a for-profit economic organization invested by a natural person whose entire assets are owned by the investor. The reasons for not being a legal person are:

1. The sole proprietorship itself is not the subject of property ownership and does not enjoy independent property rights; 2. The sole proprietorship does not bear independent liability, but the investor bears unlimited liability. Partnership refers to an organization established by a natural person, legal person and other organizations, including a general partnership.

and limited partnerships. Does not have legal personality.

The main reasons are: 1, the partnership property is the personal property of the partners; 2. The partners are still jointly and severally liable for the debts of the group. Civil liability of a partnership.

In the end, it comes down to the partners, and the partnership cannot go it alone and take responsibility for itself. A corporate enterprise is an enterprise that has obtained the status of a legal person in accordance with the law, and is called a legal person enterprise. China's company law stipulates that shares and limited liability companies are legal entities.

In order to obtain legal personality, an enterprise must meet the following conditions: (1) It must be established in accordance with the law. Legal establishment refers to the establishment in accordance with the current legal provisions, including the legality of the establishment procedure and the legality of the organization after its establishment.

China's corporate enterprises must comply with the Company Law of the People's Republic of China.

Only when it is established can it obtain legal personality. (2) Have independent property. A corporate enterprise has independent property and is a civil subject.

The material basis for participating in economic activities, enjoying civil rights and bearing civil liabilities. A legal entity shall have a total amount of property consistent with its business scope and business scale. (3) It has its own name, organization and place.

Legal basis: Regulations of the People's Republic of China on the Administration of Registration of Enterprise Legal Persons

Article 2 The following enterprises that meet the requirements of legal persons shall go through the registration of enterprise legal persons in accordance with the provisions of these Regulations:

1) Enterprises owned by the whole people.

2) Collectively-owned enterprises.

3) Joint ventures;

4) Sino-foreign joint ventures, Sino-foreign cooperative joint ventures and foreign-funded enterprises established within the territory of the People's Republic of China;

5) private enterprises;

6) Other enterprises that need to be registered as enterprise legal persons in accordance with the law.

Article 7 A unit applying for registration as an enterprise legal person shall meet the following conditions:

1) Name, organizational structure and articles of association;

2) Fixed business premises and necessary facilities;

3) The amount of funds and employees that comply with national regulations and are commensurate with the scale of production, operation and services;

4) Be able to independently bear civil liability;

5) The business scope that conforms to the provisions of national laws, regulations and policies.

Article 17 An enterprise legal person shall apply for a change of registration if it changes its name, domicile, place of business, legal representative, economic nature, business scope, business mode, registered capital, business period, or establishment or cancellation of branches.

No, an enterprise legal person refers to a social and economic organization that meets the legal requirements of the national law, such as the amount of funds, the name of the enterprise, the articles of association, the organizational structure, the domicile, etc., 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.

A legal person enterprise refers to an enterprise that has obtained a business license as a legal person and has the status of a legal person. Includes:1

Corporate enterprises (i.e., limited liability companies, shares **** hunger) 2Unincorporated legal person enterprises (for historical problems, most of them are state-owned enterprises and collective enterprises that have not yet been transformed).

Legal basis

Company Law.