Can a contract worker serve as a legal person of a state owned enterprise?

Requirements for the legal representative of a state-owned enterprise.

The timely, accurate, and complete recording of information and data on qualifications restrictions is a prerequisite for doing a good job in the work of restricting the position of the legal representative of an enterprise legal person.

Extended materials. Notice on Further Improving the Implementation of the Provisions on Restrictions on the Appointment of Legal Representatives of Enterprises".

Industrial and Commercial Enterprise 2010 No. 82.

Administration for Industry and Commerce of all provinces, autonomous regions and municipalities directly under the Central Government:

Since the operation of the national industrial and commercial administrative system's enterprise credit classification supervision information network, the administrative departments for industry and commerce at all levels have relied on the networked information to conscientiously implement the provisions of the "Company Law" and other laws, regulations and rules on the restrictions on the tenure of the legal representative of an enterprise legal person, promoting the safety of market transactions, enhancing the awareness of enterprises to operate in good faith in accordance with the law, and enhancing the law enforcement authority of the administrative departments for industry and commerce. However, some local administrative departments for industry and commerce still have inaccurate understanding of the relevant legal provisions, lax implementation, incomplete collection of information records, and untimely updating of information, which affects the effective implementation of the provisions on job restrictions. In order to fully and accurately implement the "Company Law" and other legal provisions, and protect the legitimate rights and interests of the parties, the following notice is hereby given:

1. Accurately understand and strictly enforce the provisions of the job limit.

The Company Law, the Regulations on the Administration of Company Registration, the Regulations on the Administration of the Registration of Legal Representatives of Enterprises, and other regulations on the restrictions on the appointment of legal representatives of enterprise legal persons are of great significance for regulating market order at the source, maintaining transaction security, promoting the orderly withdrawal of market entities, and ensuring the healthy and stable development of the economy and society. The administrative departments for industry and commerce at all levels should further organize the in-depth study of the relevant regulations, achieve accurate understanding, strict implementation, effectively protect the legitimate rights and interests of the parties, and maintain the order of enterprise entry and exit.

In accordance with the Company Law and other relevant provisions, when the legal representative of an enterprise legal person is not allowed to serve as the legal representative, he or she shall be restricted from continuing to serve as the legal representative of the enterprise legal person for which he has already served, and shall be restricted from serving as the legal representative of other enterprise legal persons during the statutory restriction period. The scope of identity restrictions should be strictly controlled to the legal representative in accordance with the law, and must not be extended to shareholders.

Where the period of restriction on tenure is completed, the restriction on the position of the legally-designated representative shall be promptly lifted through the establishment of automatic lifting procedures, and the restriction period shall not be extended. Where the decision to revoke the business license or the decision to close down on which the restriction is based is revoked, the administrative department for industry and commerce that made the decision to revoke the punishment of the business license or cooperated with the implementation of the decision to close down is to promptly revoke the restriction measure.

2. Strengthen the aggregation and management of information on job restrictions.

It is necessary to strengthen the standardized management of information on employment restrictions for the legal representatives of enterprise legal persons, ensuring that the data records of employment restrictions are timely, accurate, and complete.

If an enterprise legal person has its business license revoked or is ordered to close down due to violating the law, the administrative department for industry and commerce that makes the decision to revoke the business license or cooperates with the implementation of the closure decision shall, in accordance with the data aggregation requirements of the State Administration of Commerce, immediately enter the relevant information of the enterprise legal person and its legal representative into the business management system.

The provincial-level Administration for Industry and Commerce shall keep relevant information on a daily basis.

Yes, as long as you have the ability to work, you can serve as a corporate legal person.

A company is a legal person, an organization, and does not need anyone to be in charge. The employee can be the legal representative of the company. 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 Kuanjuyou.

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 shall be liable for the sale of the company's debts with all its assets. 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 4 The shareholders of the company shall enjoy the right to return on assets, participate in major decision-making, and select managers in accordance with the law.