The problem of the legal person, the problem of the company, what is the problem of the legal repres

Find an accounting and audit department to conduct an audit, and they will issue an audit certificate, and the company's things should be explained before, so that you can better protect yourself.

According to the relevant laws and regulations of China: "A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law" (Article 36 of the General Principles of the Civil Law). [4] A legal person refers to a social group that "obtains the qualification of a subject of rights and obligations through the combination of two or more members", which is a collection of people; The foundation is"The acquisition of the subject resources of rights and obligations is obtained by the collection of property for a certain purpose"The social organization is a collection of property.

5] The difference between the two is that the legal person of the association emphasizes the free combination of personnel, but at the same time does not depend specifically on the existence of one or some specific members, and the founder of the legal person of the association obtains the right to participate in or decide on the affairs of the legal person and other rights and obligations after the establishment of the legal person; The founders of the foundation are separated from the legal person after the establishment of the legal person, that is, they do not act as a member of the legal person, nor do they directly participate in or decide on the affairs of the legal person, let alone enjoy the property interests provided by the legal person. Furthermore, there is no corporation without members, but even without members, a foundation can still exist as long as it has the corresponding property. A corporation may be established for profit (for-profit corporation) or for the public good (public interest corporation); However, the establishment of a financial legal person can only be for the public good, that is, the foundation legal person can only be a public welfare legal person.

The term "legal person" in your article is wrong, and according to your meaning, it is estimated that this Hong Kong person has opened a company and wants to ask you to be the legal representative. Shareholders are liable for the company's debts with the amount of their capital contributions or shares, which is the first thing you need to pay attention to, you must be clear about the amount of your capital contribution or shares, and confirm that it has been actually fulfilled within the specified period.

If the civil act is true, the notary office will not notarize it for you.

You should be talking about the legal representative. The legal person is your company, and you belong to the legal representative.

Just don't violate national laws and regulations, and abide by the company's rules and regulations.

1. Bear civil liability for compensation to the legal person due to business fault. According to the law, if the legal representative and other staff members of an enterprise legal person cause economic losses to others through their business activities in the name of the legal person, the enterprise legal person shall bear civil liability. After a legal person assumes liability to a third party, it may recover the liability of the legal representative or other staff member who is at fault.

2. The legal representative may bear the legal liability for civil tort due to the individual or joint infringement of the property of the unit.

3. Civil sanctions for violations, such as fines, detention, etc.

Legal basis: Article 3 of the Company Law of the People's Republic of China The company is a pure enterprise legal person of Changfu, with independent legal person property and legal person property rights. The company is liable for the debts of the company with all its property.

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.

Legal basis: Civil Code of the People's Republic of China

Article 57: Legal persons are organizations that have the capacity for civil rights and civil conduct, and independently enjoy civil rights and bear civil obligations in accordance with law.

Article 58: Legal persons shall be established in accordance with law. 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 shall be in accordance with the provisions of the law and the administrative law.

Where laws and administrative regulations provide that the establishment of a legal person must be approved by the relevant organs, follow those provisions.

Legal analysis: The legal representative of the company's legal representative must meet the following conditions: 1. Have full civil capacity, have a formal or temporary household registration in the place where the enterprise is located; 3. Documents that have the ability to manage the enterprise and relevant professional knowledge, engage in the production, operation and management activities of the enterprise, and the procedures produced comply with the provisions of national laws and the articles of association of the enterprise, and comply with other relevant regulations.

Legal basis: Civil Code of the People's Republic of China Article 504 Where the legal representative of a legal person or the responsible person of an unincorporated organization concludes a contract beyond his authority, the act of the representative is valid, and the contract concluded is effective against the legal person or unincorporated organization, unless the counterparty knows that the sale is corrupt or should have known that it has exceeded his authority.

The responsibilities of a legal person are:

1. The legal person shall independently bear civil liability with all its property;

2. Where a legal person establishes a branch in accordance with the law, it shall bear civil liability for this;

3. The legal consequences of the civil activities engaged in by the founders for the establishment of a legal person shall be borne by the legal person.

[Legal basis].Article 3 of the Company Law of the People's Republic of China.

The company is an enterprise legal person, has independent legal person property, and enjoys the property rights of legal person. The company is liable for the company's debts with all its assets. The shareholders of a limited liability company shall be liable for the change of direction 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 57 of the Civil Code of the People's Republic of China.

A legal person is an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the jujube law.

There must be only one legal representative.

In general, as long as there is a resolution in the shareholders' agreement submitted at the time of company registration to let the legal representative be the legal representative, or it is stated in the articles of association.

In addition, the legal representative can also be changed at will.

The legal representative, whose main duty is to fulfill the obligations of the company. For the most part, it is only nominal. Of course, if the company touches on civil and criminal legal issues, the legal representative is liable, that is, the legal representative has to bear certain risks.

It's no good for the practice person to represent it, hehe. Personally, I feel that there is only risk.

Also, if there is no board of directors, there will be executive directors at first? It's weird.

Generally, only the shareholders' meeting can establish a board of directors by electing representatives from the shareholders, and the chairman of the board of directors is elected from the board of directors, and the largest shareholder is usually the chairman of the board.

There is also a situation where the shareholder is not a natural person, but a legal person (enterprise shares), so the chairman of the board of directors is appointed by the legal person.

It is recommended that you take a look at the Corporate Law.

There is only one legal representative, and it is inevitable to serve as the chairman of the board. The advantage of a legal representative is that when you encounter trouble, the Public Security Bureau will look for you, and the Taxation Bureau and the Industrial and Commercial Bureau will also look for you if you have something.

The legal representative does not have to be a director. The legal person is literally the bearer of the law, and if you have any problems with your company, you may first find a legal person, and the legal person may share some money every year.

It can not be the chairman. Bear all the legal responsibilities of the entire company.

You can go to a legal advice agency and ask a lawyer.

Summary. Hello dear, happy to answer your <>

If there is a problem in the company, it is the pursuit of the current legal person or the legal person at the time of the incident.

If the company has a problem, it is the current legal person or the legal person at the time of the incident.

Dear, hello, very happy to answer the <> for you

If the company has a problem, it is pursuing the current legal person or the legal person at the time of the incident.

Kiss your side of the story, do you have any difficulties or don't know how to deal with them? You can tell us, I will help you do a professional analysis and answer.

Is there a legal basis?

In the event of an accident in a company, the legal person is generally investigated. A legal person is liable for the company's debts with all its assets, and shareholders are liable for the company's debts with their capital contributions or subscribed shares. However, if a shareholder abuses his or her rights as a shareholder and causes damage to the company, he shall be liable for compensation.

A company is an enterprise legal person with independent legal person property and legal person property rights. The company is liable for the company's debts with all its assets. The shareholders of a limited liability company are liable to the company with the amount of capital they subscribe; The shareholders of the company are liable to the company with the shares they subscribe.

The legal representative of the company shall serve as 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 law.

Does a wholly owned subsidiary of a limited partnership have a separate legal personality?

Yes, dear, has an independent legal personality.