Why do some bosses not become the legal person of the company themselves?

Kiss. Most of the owners are busy. The reason why the boss is not the legal representative is that the legal representative of the company is the person in charge of engaging in civil activities on behalf of the legal person in accordance with the provisions of the law or the articles of association of the legal person, and the image and reputation of the company may affect the image and credibility of the legal representative.

Article 13 of the Company Law of the People's Republic of China stipulates that 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 completed. Article 61 of the Civil Code stipulates that the person in charge of engaging in civil activities on behalf of a legal person in accordance with the provisions of the law or the articles of association of a legal person shall be the legal representative of a legal person.

The legal consequences of the civil activities engaged in 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 restricts the right of representation of the legally-prescribed representative must not be opposed to the bona fide counterpart. 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. Article 61 of the Civil Code provides that in accordance with the provisions of the law or the articles of association of a legal person, the person in charge of engaging in civil activities on behalf of a legal person is the legal representative of a 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 legal representative's right to represent must not be opposed to the bona fide counterpart.

Mr. Jiang's point of view: legal person is not so easy to be! There are many problems that need to be considered and faced when a legal person, which is one of the main reasons why so many bosses are reluctant to become a legal person themselves.

The benefits of being a legal person.

1. The face project is very easy to understand, a legal person, but we will know that as long as the company does not have any loopholes and risks on the surface, or all of them are to go to the boss to do it himself, most bosses are actually willing to be legal persons, so they will have more decision-making power and persuasiveness.

2. The right to make decisions is basically large and medium-sized enterprises, whether it is a partnership or a joint-stock system, as long as you are a legal person, you can have a greater right to speak and decide, which is of great use to the company, especially for the partnership company, if there is disagreement between the partners.

When the hidden danger of a legal person.

1. Legal risk Most bosses are reluctant to become legal persons, and the biggest reason may be because they are afraid of legal disputes and damage their own interests and time. As long as there are any risk events in the company, the boss will worry about whether the industrial and commercial bureau will come to check every day, which is really not worth it for the boss of "every day", so he simply gave up the position of the legal person and was happy to be idle.

2, the cancellation of the review of the current company is easy to register, difficult to cancel, the cancellation of the company when the various reviews are too difficult, if the registered company can not continue to operate and want to cancel, the review is not so easy, if not cancelled, then it is very likely to be on the list of dishonest people, the plane and high-speed rail can not sit, travel is very inconvenient. This is the main reason why many small and micro enterprises would rather open every day than close their doors.

3. There are still many things in small and medium-sized enterprises, a while ago there was a learning agency that did this, and it ran all overnight, and the next day there was a cleaning staff standing at the gate of the company dumbfounded, miserable. However, most of the learning platforms are still a minority, more are various Internet companies, financial companies, blockchain companies, etc., most of them have bad intentions when they register the company from the beginning, but they don't want to be on the list of dishonesty, so they will transfer legal persons.

To sum up: the legal representative, in fact, in the final analysis, is the representative of legal disputes, no matter what the reason, the boss will not be a legal person himself, whether it is to sign a contract, sign a document, or the company's risk, the execution of the dishonest personnel, it is a great inconvenience and hidden danger. Thirty years ago, I was able to open a company and become a legal person, no matter how I went to the first is an honor, but now, this actually reflects the changes in the entire social environment and the change of people's reputation.

Many bosses do not do business themselves, the main reason is to avoid responsibility, such as the responsibility for the flow of funds, the liability for civil lawsuits, and the criminal liability for violating the law. However, if there is a situation that endangers the interests of the state, the situation will also be held responsible.

Because the legal person who is a company needs to bear certain consequences, the boss can avoid this result if he does not become a legal person of the company. Therefore, we must be cautious when making people, so as not to put ourselves in a disadvantageous position.

Why don't some bosses become legal persons for their own companies? Is it smart or hidden?

The boss is unwilling to bear the legal risk of civil liability, the legal risk of administrative liability, and the legal risk of criminal liability. If some companies operate illegally, the legal representative will have corresponding civil legal liability as the senior management of the company.

In general, the legal representative of a company is a major shareholder or other investor of the company. However, the actual controller of the company considers that the major shareholder or actual controller does not serve as the legal representative, but allows the company's employees or persons who have nothing to do with the company to serve as the company's legal representative, such as Zhang Yan, the female assistant of Liu Qiangdong of JD.com, who has attracted much attention because of her role as the corporate legal person of many companies under JD.com.

Sun Honghe opened a company, many people open a company and become a boss, why don't they want to be a legal person? What is the reason for this?

Summary. Hello Hello Hello <>Hello Hello

The boss himself is not a corporate legal person because: 1. He is unwilling to bear the legal risk of civil liability 2. He is unwilling to bear the legal risk of administrative liability 3. He is unwilling to bear the legal risk of criminal liability.

Why is the boss himself not a corporate legal person?

Hello Hello Hello <>Hello Hello

The reason why the boss is not the legal person of the company is ruined is: 1. He is unwilling to bear the risk of the law of civil liability, 2. He is unwilling to bear the legal risk of administrative liability, 3. He is unwilling to bear the risk of the law of criminal liability.

A legal person shall meet the following conditions: 1. It shall be established in accordance with law; 2. Have the necessary assets or funds; 3. Have their own high-name allegations, organizations and places that are hungry; 4. Be able to independently bear the civil liability of Qin Nianhui.

If it is legal, the boss of the company may not be the legal person of the company, because according to the provisions of the "Company Law of the People's Republic of China", the legal representative of the company shall be the chairman of the company, 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 handled. Article 13 of the Company Law:

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 49 of the General Principles of the Civil Law of the People's Republic of China In any of the following circumstances, in addition to the legal person's responsibility, the legal representative may be given an administrative sanction or a fine, and if a crime is constituted, criminal responsibility shall be investigated in accordance with law: (1) Engaging in illegal business operations beyond the business scope approved and registered by the registration authority; (2) Concealing the true situation from the registration authorities and taxation authorities or committing fraud; (Three Departments Stupid) Evading funds or concealing assets to evade debts; (4) Disposing of property without authorization after being dissolved, revoked, or declared bankrupt; (5) Failure to apply for registration and announcement in a timely manner at the time of change or termination, causing major losses to interested parties; (6) Engaging in other activities prohibited by law, harming the national interest or the societal public interest.