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The legal representative can be a shareholder or not. It is up to the shareholders (or shareholders' meeting) to decide who will serve as the legal representative.
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.
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What is the relationship between the legal representative and the shareholder? Welcome to follow, like, the next wonderful content recommendation, please send a private message for business handling, according to the relevant laws and regulations to register a company, there must be shareholders and legal representatives, of which shareholders must be more than 2, no more than 50 people, the legal representative needs one, can be a shareholder, can also be external, so what is the relationship between the legal representative and the shareholder? According to the provisions of the Company Law, a shareholder of a company refers to a natural person or legal person who has limited or unlimited liability for the debts of a joint-stock company and enjoys dividends and bonuses by holding **.
The legal representative of the company refers to the main person in charge of exercising civil rights and performing civil obligations on behalf of the legal person in accordance with the law 1. Responsibilities of the company's legal representative 1. From the perspective of identity requirements. For the shareholders of the company, the law does not impose many restrictions, the shareholders of the company can be either legal persons (i.e., other companies) to contribute, or natural persons to contribute, or natural persons plus legal persons, and even minors without or limited civil capacity can also enjoy shareholder qualifications 2. For the legal representative, it is required that he has full civil capacity, and the generation of the legal representative is also affected by factors such as the general meeting of shareholders and the articles of association 3. Shareholders of the company enjoy the right to return on assets, participate in major decision-making and select managers in accordance with the law, and have the right to consult and copy the articles of association, minutes of shareholders' meetings, resolutions of board of directors, resolutions of board of supervisors and financial accounting reports. As for the legal representative, it is to exercise authority within the scope of authority stipulated in national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the enterprise legal person, 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 4. From the perspective of responsibility.
The shareholders of the company have: the obligation to make capital contributions; the obligation to attend the shareholders' meeting; the obligation not to interfere with the normal operation of the company; the obligation to prohibit the exercise of voting rights under certain circumstances; The obligation not to abuse the rights of shareholders. The obligations of the legal representative are mainly the provisions of the articles of association, and the acts made by them are regarded as the acts of legal persons Second, the rights of shareholders to access, the articles of association and other information; enjoy the income from assets in accordance with the law; The rights to participate in major decision-making and the selection of managers The obligations of shareholders mainly include: payment of subscribed capital contributions; After the establishment and registration of the company, the capital contribution shall not be withdrawn; Other obligations stipulated in the articles of association of the company, that is, the articles of association shall be complied with and the obligations stipulated in the articles of association shall be fulfilled.
Therefore, it can be seen that the legal representative and shareholders of the company have a relatively large connection, but at the same time, they are two different positions, and their behaviors are bound by the company's articles of association.
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The legal person is not necessarily the boss, generally speaking, most of them are the chairman, but they can also be the general manager (it stands to reason that there are very few, but in reality there are still relatively many, but the premise in this case is that there is no chairman)! The legal representative is the highest administrative person in charge of the company, and the responsibility and rights to the company must be decided by the general meeting of shareholders!
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The legal representative is not the boss in most cases, and in most cases, the director and the manager are different The legal representative of my company is not the boss in most cases, and it is more accurate to tell you about your own situation.
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The legal representative is not necessarily the boss of the company, and the chairman of the board, executive director or manager of the company. 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. If the legal representative of the company is changed, the change registration shall be completed.
[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 legal person's charter, 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 engaged in by the legal representative in the name of the legal person Shitan shall be borne by the legal person.
The legal person's charter or the legal person's authority body's restrictions on the legal representative's right to represent must not be opposed to the bona fide counterpart.
Article 13 of the Company Law of the People's Republic of China.
In accordance with the provisions of the articles of association, the legal representative of the company shall be served by the chairman of the board, the executive director or the manager, 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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Legal analysis: The legal representative of the company is the boss. In accordance with the provisions of the articles of association, the legal representative of the company shall be the chairman, executive director or manager, and shall be registered in accordance with the law.
If the legal representative of the company is changed, the change registration shall be completed. The legal representative can be a shareholder or not. It is up to the shareholders (or shareholders' meeting) to decide who will serve as the legal representative.
Legal basis: Article 13 of the Company Law of the People's Republic of China The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association of the company, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.
Case]: Mr. Li is the legal representative of a company, but Mr. Li has not signed a labor contract with the company, only the appointment document of the chairman of the investor, which promises to pay Mr. Li an annual salary of 200,000 yuan per year. Later, due to serious problems in the company's operations, Mr. Li was unable to pay Mr. Li's annual salary of $200,000, so Mr. Li submitted his resignation to the company at the end of 2009. >>>More
1. Open the official website of the Market Supervision and Administration Bureau, register and log in, find the corresponding company, change and change the shareholder information, and then print the online appointment notice; 2. Write a letter of commitment to indicate the equity transfer; 3. Sign the equity transfer agreement; 4. Sign the resolution of the shareholders' meeting; 5. Formulate amendments to the articles of association and make corresponding amendments to the changes in shareholder information; 6. Print the application for enterprise change (filing) registration and fill it in, sign and seal it.
1. Implement and implement the "Drug Administration Law" and "Drug Business Quality Management Standards" and other relevant laws and regulations to ensure that enterprises operate in accordance with the law and ensure the safety, effectiveness, timeliness and convenience of consumers' drug use. >>>More
OK. However, unless otherwise provided by law. This is because citizens of the People's Republic of China have the right to work. The enterprise is bankrupt, and the person subject to execution has to continue to live, what to eat if he doesn't work! Suggested by netizens, for reference only. Good luck!
The legal representative of each unit is the first person in charge of fire safety work. The person responsible for fire safety is the person who is fully responsible for the fire safety work of the unit. The legal representative of a general legal entity or the principal person in charge of an unincorporated entity is the person responsible for fire safety of the unit. >>>More