What is the position of the legal representative in the enterprise, and what role does it play for t

The legal representative needs to bear legal responsibility.

The legal representative refers to the person in charge who exercises authority on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person. Chinese law implements a single legal representative system, and it is generally considered that the principal administrative person of a legal person is his sole legal representative. If the company is the chairman of the board of directors or an executive director or general manager (Article 13 of the Company Law) and the legal representative of the **Exchange is the general manager (Article 107 of the ** Act).

The legal representative of an industrial enterprise owned by the whole people is the factory director or manager.

The internal relationship between the legal representative and the legal person of the company is often a labor contract relationship, so the legal representative belongs to the category of employees. However, in terms of external relations, when the legal representative conducts civil activities in the name of a legal person, the relationship between him and the legal person is not a first-class relationship, but a representative relationship, and his representative authority comes from the express authorization of the law, so the power of attorney of the legal person is not required. Therefore, the legal representative's external official acts are legal person acts, and the consequences shall be borne by the legal person (Article 43 of the General Principles of the Civil Law).

In addition, a legal person may not use its internal authority over the legal representative to oppose a bona fide third party (Article 50 of the Contract Law).

Article 49 of the Civil Procedure Law of the People's Republic of China stipulates that legal persons shall be litigated by their legal representatives; Other organizations are litigated by their principal principals. The legal representative has the right to directly represent the unit to file a lawsuit and respond to the lawsuit in the people's court, and the litigation acts carried out by the legal representative are the litigation acts of the unit (or legal person), which directly have legal effect on the unit (or legal person).

There is a certain difference between the legal representative and the representative of the legal person, the behavior of the representative is not the act of the represented person itself, but only has direct legal effect on the person being represented, and the behavior of the legal representative is the behavior of the enterprise, public institution and so on.

Legal analysis: The legal representative is the person in charge of exercising the company's functions and powers on behalf of the company in accordance with the relevant laws and regulations of China or the articles of association of the company. The roles of the legal representative are:

Implement the resolutions of the shareholders' meeting and the board of directors; Responsible for the handling of the company's daily affairs.

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.

The legal person's charter or the legal person's authority body's restrictions on the representation of the legal representative's office must not be opposed to the bona fide counterpart.

1. The legal representative of the enterprise is the realizer of the will of the legal person of the enterprise.

2. Realize the separation of enterprise ownership and management rights. The establishment of the legal representative of the enterprise makes the company independent, accelerates the separation of powers, mobilizes the enthusiasm of the management class, and promotes economic development.

3. Safeguard national interests. In Sino-foreign joint ventures and cooperative companies, the legal representative appointed by the Chinese party embodies national sovereignty and effectively safeguards national interests.

4. Promote the development of market economy. In the process of market transactions, the legal representative system has clarified responsibilities, improved efficiency, and adapted to the requirements of convenient and fast economic life.

1. What are the rights of the legal representative?

1. The legal representative of the enterprise shall exercise his powers and perform his obligations within the scope of authority stipulated by 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 and operation management of the enterprise, and accept the supervision of all members of the enterprise and relevant organs;

2. The legal representative of the enterprise may entrust others to perform his duties;

3. The legal representative of the enterprise legal person is the person who signs the ruler and the word on behalf of the enterprise to exercise its authority;

4. In terms of external relations, the acts of the legal representative in the name of the company, that is, in accordance with the provisions of laws, regulations and the articles of association of the company, shall be regarded as the company's behavior, and the company shall bear the relevant legal responsibilities.

2. What is the impact of the company being offset into the blacklist on the legal representative?

The company's business license was revoked, which is a very severe administrative penalty. If the legal representative of the company whose business license has been revoked is personally liable for the company's illegal acts, he shall not be allowed to serve as a legal person of another company for three years after the revocation. In addition, if the company is suspected of committing a crime, the legal representative shall be held criminally liable as the person directly responsible.

The revocation of the business license will bring certain restrictions to the enterprise and its legal representative and directly responsible person:

1) The blacklist of Panpotato Industry and Commerce is limited to three years, and the legal representative cannot establish a new company within three years, and cannot serve as the legal representative and person in charge of other enterprises.

2) Taxation will be restricted for life, and taxation will not only restrict legal persons and responsible persons, but also include shareholders, supervisors, financial directors and other senior management personnel, whose other companies cannot file tax returns normally and cannot participate in the bidding of state-owned enterprises.

3) Enterprise legal persons cannot go to social security, cannot take loans and immigrate.

4) Restrict high consumption, cannot take planes and high-speed rail, and their children cannot study abroad.

Article 155 of the Company Law stipulates that if a company issues corporate bonds in the form of physical coupons, it must indicate the name of the company, the par amount of the bonds, the interest rate, the repayment period and other matters on the bonds, and the legal representative shall sign and the company shall affix its seal.

Legal analysis: the legal representative is a definite legal concept, it refers to the person in charge of exercising power on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person, is the legal representative of the legal person, and if there is no main position, the deputy person in charge of the work serves as the legal representative, and the legal person with a board of directors is the legal representative, and the person in charge authorized by the board of directors can be the legal representative of the legal person. The legal representative of the enterprise shall exercise the authority and perform the duties within the scope of the authority stipulated in the national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf 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 organs.

The legal representative of the company may entrust another person to act on his behalf. The legal representative of the company shall have a written entrustment when entrusting another person to perform duties on his behalf. Duties that laws and regulations provide must be performed by the legal representative must not be entrusted to others to perform on their behalf.

Legal basis: Company Law of the People's Republic of China

Article 13 The legal representative of the company shall be the chairman, executive director or manager in accordance with the provisions of the articles of association, and shall be registered in accordance with the law. If the legal representative of the company is changed, the change registration shall be completed.

Article 155 Where a company issues corporate bonds in the form of physical coupons, it must indicate the name of the company, the par amount of the bonds, the interest rate, the repayment period, etc., and the legal representative shall sign and the company shall affix its seal.

Legal analysis: What is the way in which the legal representative of the company is generated: 1. The situation in which the chairman of the board of directors serves as the legal representative.

Generally, the members of the board of directors of a company are elected by the shareholders' (general meeting) and the workers' (representatives) general meeting, while the method of selecting the chairman of the board of directors of a limited liability company is stipulated in the articles of association of the company, so the legal representative (chairman) of a limited liability company can be elected by the above two ways, or it can be elected by the board of directors, or other methods.

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.