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Anonymous users2024-02-12A legal person, as opposed to a natural person, has the capacity for civil rights and civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with the law, which is the legal personification of social organizations.
The following conditions shall be met for legal person qualifications:
1. It is established in accordance with the law. It includes that the purpose and purpose of establishment are in line with the requirements of the national and social public interests, its organizational structure, establishment method, and business scope meet the requirements of national laws and policies, and its establishment procedures meet the requirements of laws and regulations.
2. Have the necessary property or funds. Independent property refers to the assets and expenses of the legal person that are commensurate with the scale of the legal person. Where special laws or special laws have provisions, follow those provisions.
3. It has its own name, organization and place.
4. Be able to bear civil liability independently.
The assets of a legal person refer to the independent property owned by a legal person, which is also the material basis for its independent participation in civil activities. Independent property refers to the fact that a legal person has the right to own or manage property within a specific scope, and can independently dispose of it according to its own will, while excluding administrative interference in the property of the legal person from the outside world.
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Anonymous users2024-02-11According to the investment entity, the shares of listed companies in China can be divided into state-owned shares, corporate shares and public shares. Corporate shares refer to the assets at the disposal of enterprise legal persons or public institutions and social organizations with legal personality in accordance with the law.
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Anonymous users2024-02-10Legal Analysis: Legal person qualification refers to the qualifications of social organizations such as organs, groups, enterprises and institutions to independently participate in civil activities in the name of legal persons, enjoy civil rights and bear civil obligations.
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 carried in accordance with the provisions of laws and administrative regulations.
Where laws or administrative regulations provide that the establishment of a legal person must be approved by the relevant organs, follow those provisions.
Article 59: A legal person's capacity for civil rights and civil conduct arises when the legal person is established and is extinguished when the legal person is terminated.
Article 60: Legal persons independently bear civil liability with all of their assets.
Article 61: In accordance with the provisions of the law or the legal person's charter, the responsible person for engaging in civil activities on behalf of the legal person is the legal representative's legal representative.
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.
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Anonymous users2024-02-091. It is established in accordance with the law. 2. Have the necessary property or funds. 3. Have its own name, organization and place; 4. Be able to bear civil liability independently.
Legal basis: "Civil Code of the People's Republic of China" Article 57: A legal person is an organization that has the capacity for civil rights and the capacity for civil conduct, and independently enjoys civil rights and bears civil obligations in accordance with law.
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Anonymous users2024-02-08Legal person qualification refers to the qualifications of organs, groups, enterprises, public institutions, and other social organizations to independently participate in civil activities in the name of a legal person, to enjoy civil rights, and to bear civil obligations.
Legal basis] Article 3 of the Company Law stipulates that 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.
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 analysisThe subject of litigation as provided for in the Civil Procedure Law includes natural persons, legal persons, and other organizations. Other organizations provided for by relevant laws refer to organizations that are legally established and have certain organizational structures and assets, but do not have the status of a legal person, including: (1) sole proprietorship enterprises that have registered and obtained business licenses in accordance with the law; (2) Partnership enterprises that have registered and obtained business licenses in accordance with law; (3) Chinese-foreign cooperative joint ventures and foreign-funded enterprises that have registered and received business licenses in accordance with the law; (4) Branches and representative offices of lawfully established social groups; (5) A branch of a legal person established in accordance with law and receiving a business license; (6) Branches of commercial banks, policy banks and non-bank financial institutions established in accordance with law and having obtained business licenses; (7) Township enterprises and neighborhood enterprises that have been registered and received business licenses in accordance with law; (8) Other organizations that meet the requirements of this article. >>>More
1. The enterprise group does not have the characteristics of an enterprise legal person. >>>More
The superior legal person refers to the branch and the branch of the foreign company that does not bear the legal person liability, and the company bears the civil liability >>>More
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. >>>More
If the correction goes downstairs, the subsidiary has legal personality, and the branch does not have legal personality. In special cases, a branch office also has legal personality, such as a branch of an insurance company.