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Anonymous users2024-02-07The legal representative of a limited liability company shall be determined among the chairman, executive director or manager. However, if a director, supervisor or senior management person falls under any of the circumstances set forth in the first paragraph of Article 146 of the Company Law, the company shall remove him from his position, and the election, appointment or appointment shall be invalid.
[Legal basis].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 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.
Article 146, paragraph 1, item (a).
In any of the following circumstances, they shall not serve as directors, supervisors, or senior managers of the company:
1) Lack of or limited capacity for civil conduct.
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Anonymous users2024-02-06Legal person and legal representative are two completely different legal concepts, simply speaking, a legal person refers to the company itself, not a person, and in real life, the legal representative of the company is often referred to as a legal person. According to the provisions of the Company Law, the legal representative shall be the chairman of the board, executive director or manager. To determine the legal representative of the company, you need to pay attention to the following points:
1. The legal representative has nothing to do with whether he is a shareholder or not, but he must be the chairman, executive director or manager of the company. 2. The legal representative can only be a definite natural person, and the articles of association of the company shall not stipulate that the board of directors or the management team shall collectively exercise the functions and powers of the legal representative. 3. Serving as the legal representative of a company whose business license has been revoked due to violations of the law, and who bears personal responsibility for the illegal acts, and who has not been able to serve as the legal representative of the new company for less than three years from the date on which the company's business license is revoked.
4. Serve as the legal representative of an enterprise whose business license has been revoked due to violating the law, and shall not serve as the legal representative of other enterprises. 5. Those who have been deprived of political rights for economic crimes or crimes cannot serve as legal representatives for 5 years from the date on which their sentences are completed.
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Anonymous users2024-02-05Pursuant to Article 13 of the Company Law, the determination of the legal representative is based on the provisions of the articles of association, in which the company may stipulate that a person shall be selected as the legal representative from among the chairman, executive directors or managers. Therefore, the legal representative of the company can only be elected by two people: the chairman, the executive director, and the manager.
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Anonymous users2024-02-041) The legal representative of the company shall bear civil liability to the company if the company's interests are damaged due to intentional or fault.
2) Since the legal representative belongs to and usually has the status of a shareholder, the legal representative of the company, as a shareholder, promoter or senior manager, shall bear legal responsibility to the company or other third parties if he violates the law. The common examples are as follows:
1. If the legal representative of the company, as a shareholder or promoter, fails to fulfill the obligation to pay the capital contribution in full on time, in addition to paying the full amount to the company, he shall also bear the liability for breach of contract to the shareholders who have paid the capital contribution in full on time or in accordance with the promoter agreement. 2. The legal representative of the company, as a shareholder, shall be liable for compensation if he abuses the rights of shareholders to damage the interests of the company and other shareholders.
3. If the legal representative of the company, as a shareholder, abuses the company's legal person status and the limited liability of shareholders to damage the interests of the company's creditors, he shall be jointly and severally liable for the company's debts.
4. If the legal representative of the company, as a shareholder, damages the interests of the company by using the relationship with other units, and damages the company, he shall be liable for compensation to the company. 5. The legal representative of a one-person limited liability company, as a shareholder, shall be jointly and severally liable for the company's debts if he cannot prove that the company's property is the shareholder's own property. 6. The legal representative of the company, as the senior management and pure management personnel of the company, shall own the company if the income is owned by the company under the following circumstances:
1) Misappropriation of company funds.
2) Store the company's funds in an account opened in his or her own name or in the name of another individual.
3) Violating the provisions of the articles of association of the company, lending the company's funds to others or providing security for others with the company's property without the consent of the shareholders' meeting, the general meeting of shareholders or the board of directors.
4) Entering into a contract or conducting a transaction with the Company in violation of the provisions of the Articles of Association or without the consent of the shareholders' meeting or the general meeting of shareholders.
5) Without the consent of the shareholders' meeting or the general meeting of shareholders, use the convenience of his position to seek business opportunities belonging to the company for himself or others, and operate the same business as the company for others or the person with good reputation.
6) Accept commissions from others for trading with the company as your own.
7) Unauthorized disclosure of company secrets.
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. >>>More
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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.
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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!