What is a foreign legal entity? 5. What is a foreign legal person?

1. First of all, you have to know what a legal person is, the definition can be found everywhere, in layman's terms, it is an enterprise or organization registered in a country, in line with the provisions of the civil law and commercial law of the country where it is registered, and it is believed that the enterprise or organization can enjoy the rights and assume responsibilities like a natural person. It is not a naturally arising person but a person who is a legal fiction, a legal person.

2. A legal person incorporated in a foreign country is, for us, a foreign legal person, such as the Coca-Cola Company of the United States. However, it should be noted here that foreign legal persons may also be registered in China at the same time, for example, the Coca-Cola Company of the United States may register "Coca-Cola (China)****" in China, so that the registered company is not a foreign legal person, but a Chinese legal person.

3. To sum up, to see whether it is a foreign legal person, the main thing is to look at the place of registration, not to see who is registered. A Chinese went to a foreign country to register a company, which is also a foreign legal person. A foreigner or foreign enterprise comes to China to invest and establish a company, which is also a Chinese legal person (i.e., a foreign-funded enterprise is a Chinese legal person).

There are four elements for the establishment of a legal person: it is established in accordance with the law; have the necessary assets or funds; has its own name, organization and place; Able to bear civil liability independently.

This is a provision in the Chinese Civil Code, and there may be differences in foreign countries. A foreign legal entity is an eligible organization registered in a foreign country. Legally relative to a natural person!

A person with the nationality of another country establishes a company in another country and becomes a legal representative and becomes a foreign legal person.

According to the relevant provisions of China's Civil Code and Company Law, under normal circumstances, a foreigner can be the legal representative of a domestic company. Since China's law does not restrict foreigners from serving as corporate legal persons in China, they can serve as legal persons as long as they comply with the provisions of the law and the articles of association of the company.

[Legal basis].

Article 58 of the Civil Code of the People's Republic of China provides that legal persons shall have their own name, organizational structure, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person air group shall be in accordance with the provisions of laws and administrative regulations. Where laws and administrative regulations stipulate that the establishment of a legal person must be approved by the relevant organs, follow those provisions.

Article 13 of the Company Law of the People's Republic of China The legal representative of a 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 handled.

Legal analysis: The distinction between foreign-funded enterprises mainly depends on whether the investors of the company are foreigners or overseas companies, if the investors are foreigners, it is a wholly foreign-owned enterprise, and if the investors are jointly composed of foreign and domestic investors, it is a Sino-foreign joint venture.

Legal basis: Article 23 of the Company Law of the People's Republic of China The establishment of a limited liability company shall meet the following conditions:

1) The shareholders meet the quorum;

2) There is a capital contribution subscribed by all shareholders in accordance with the provisions of the company's articles of association;

3) Shareholders jointly formulate the articles of association;

4) Have a company name and establish an organizational structure that meets the requirements of a limited liability company;

5) Have a company domicile.

Legal analysis: China's law requires that the legal representative has no nationality, and only the company's employment certificate and the identity certificate of the legal representative need to be submitted when registering. Therefore, a foreigner can act as the legal representative of the company.

The legal representative of Gaochang 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. China's law implements a single legal representative system, and it is generally believed that the person in charge of the principal administration of a legal person is its sole legal representative. The internal relationship between the legal representative and the legal person of the company is often an employment contract relationship.

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 of the board of directors, the executive director or the 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.

A legal person is a company, an organization. No one is required, only one needs to be established. Generally speaking, foreign nationals can become legal representatives, because the law does not make restrictive provisions on this. However, foreigners cannot become shareholders in domestic enterprises.

Article 3 of the Company Law A company is an enterprise legal person, has independent legal person property, and enjoys the property rights of a legal person. The company is liable for the debts of the company with all its property. Wu Wu, a shareholder of Kuanjuyou Co., Ltd., is liable to the company to the extent of its subscribed capital contribution; The shareholders of the shares **** shall be liable to the company to the extent that they prudently sell the shares subscribed.

Article 4 The shareholders of the company shall enjoy the rights of asset returns, participation in major decision-making and selection of managers in accordance with the law.