Legal and interest issues, please help me.

Zhejiang lawyer Sun:

Here, it is obviously inappropriate for A to be an employee of the above-mentioned three companies, and it should be an independent individual industrial and commercial household or an enterprise with the nature of a legal person, and has the authority to sell the three companies.

As a first-class merchant, A does not need to be liable for product quality, because the product quality law clearly states that the main body of quality responsibility is the direct seller and producer, except for product quality defects caused by transportation and other reasons.

The consignment sales relationship between A and the above three companies shall be based on the agreement, and no exclusionary clauses shall be stipulated in the content of the agreement.

As a first-class merchant, it can be a first-class merchant at the same time, without explanation.

A's ** behavior does not cause A to be suspected of illegal acts, and his behavior is lawful.

1.The sale of A shall be legally authorized by B, C and D.

2.A is more appropriate to do this as a first-class businessman and a self-employed person.

3.A should sign a cooperation agreement with B, C and D. Explicit authorization. However, exclusionary clauses may not be included in the agreement.

4.A can ** multiple brands at the same time, no need to explain, no illegality.

5.Different brands at the same time**, not illegal.

6.In itself, it is not a violation of legal procedure, but it is sufficient that there can be no exclusionary clause in the content of the agreement.

A can be used as a businessman, and now this kind of business is relatively mature. The act in question is also supported by law. But the agreement must be signed. Just follow the agreement.

The legal person naturally bears all the responsibilities of the company, for example, if the company owes money and does not pay it back, you will be jointly and severally liable, or if your company is involved in being prosecuted for fraud, then you will become a criminal offense. Register the company in your name and have you act as a legal representative. If the company violates the law or owes debts abroad and cannot be repaid, and finally the law enforcement department or creditor will go to the company to find the legal representative to deal with it, it is you who are wronged.

The legal representative of the company is the legal representative of the enterprise legal person, who engages in civil activities on behalf of the legal person, and after becoming the legal representative, his natural personality is absorbed by the legal person, and the responsibilities for the civil acts carried out in the capacity of the legal representative are borne by the legal person. However, the responsibility for exercising civil acts unrelated to the status of the legal representative shall be borne by the legal representative, and where the legal representative is at fault in exercising the right of representation in violation of laws and regulations, he shall bear the corresponding responsibility.

Article 45 of the General Principles of China's Civil Law stipulates six situations:

engaging in illegal business activities beyond the scope of business approved and registered by the registration authority;

concealing the true situation from the registration authorities and taxation authorities, or committing fraud;

evading funds or concealing assets to evade debts;

disposing of property without authorization after being dissolved, revoked, or declared bankrupt;

Failure to go through registration and announcement in a timely manner when making changes or terminations, causing major losses to interested parties;

Engaging in other activities prohibited by law, harming the national interest or the societal public interest.

These illegal acts are still borne by the legal person, and the legal representative is not exempted from other liabilities arising therefrom, that is, administrative sanctions, fines and other penalties can be given, and if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

Of course, the legal representative also has the following rights:

The legal representative of the enterprise shall exercise his powers and perform his obligations within the scope of authority stipulated in the national laws, regulations and the articles of association of the enterprise, participate in civil activities on behalf of the legal person of the enterprise, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant organs.

The legal representative of an enterprise may entrust another person to perform duties on his behalf.

The legal representative of an enterprise shall have a written entrustment when entrusting another person to perform his or her duties on his behalf. Duties that laws and regulations provide must be performed by the legally-designated representative must not be entrusted to another person to perform them on their behalf.

The legal representative of an enterprise shall generally not concurrently serve as the legal representative of another enterprise legal person. If it is concurrently held due to special needs, it can only be held concurrently in an enterprise with a subordinate relationship or joint venture, or investment in shares, and shall be strictly reviewed by the competent department of the enterprise or the competent registration authority.

The legal representative of an enterprise legal person is the signatory who exercises authority on behalf of the enterprise.

The signature of the legal representative shall be filed with the competent registration authority. The document signed by the legal representative is a legal document representing the legal person of the enterprise.

What are the legal issues?

All the responsibility is yours, if the loan is not repaid, the bank will sue you, if the contract is fraudulent, the other party will sue you, etc., any problems are your responsibility. Good honors and bad records are yours.

Hello, just letting you act as a representative of the law doesn't create any responsibility.

It is only in the subsequent operation process of the company, if the company operates in violation of laws and regulations, it involves the issue of the company's legal representative taking responsibility.

You are responsible for all corporate debts and debts.

I was so confused that I didn't understand it.

He sells a No. 4 and resells a person or something, and you are unlucky, even if you don't know.

To assume the full responsibility of the company.

What you said is only one aspect, and it depends on the facts of the case.

The criminal case has gone to court, and there is an investigation file from the public security organ, and your lawyer knows the contents of it, and you should know it. Based on these contents, and the prosecution's allegations, an experienced lawyer can roughly determine whether you are innocent and how to sentence if you are guilty. As for the lawyer's refusal to help speculate, there may be various reasons, a prudent lawyer does not easily draw conclusions about the case, and the criminal case involves the prosecution of the procuratorate and the judgment of the court, and the result cannot be influenced by the lawyer.

It can only be said that if the procuratorate prosecutes you, it should be said that they still think that there is evidence, and from experience, it is more likely that you will be found guilty [of course, it is best to be found not guilty], if you are found guilty, the important question is whether a suspended sentence can be applied, which should consider two factors, one is whether your crime and sentencing meet the conditions for applying a suspended sentence, and the other is that if the court considers the use of a suspended sentence, the current practice in most places is to seek the opinion of the community corrections administration where the defendant is located. Suffice it to say, if the court sends a letter to the community corrections department asking for comments, it means that the court is considering applying a suspended sentence to you. You should communicate with your lawyer more about the specific situation.