Question 2: Who is an enterprise legal person? 1. The concept of enterprise legal person:
An enterprise as a legal person refers to an enterprise as a legal person registered in the administrative departments for industry and commerce at all levels in accordance with the Regulations on the Registration of Enterprise as a Legal Person in People's Republic of China (PRC) and the Regulations on the Registration of Companies in People's Republic of China (PRC). Refers to the social and economic organizations that meet the legal conditions such as the amount of funds, enterprise name, articles of association, organization and residence. According to the laws of the state, it can independently bear civil liability and obtain the qualification of legal person with the approval and registration of the competent authority.
2. To obtain legal person status, an enterprise must meet the following conditions:
(1) was established according to law.
(2) Having independent property.
(3) Having its own name, organization and place.
(4) Must bear civil liability independently.
3. According to the ownership nature of enterprise assets, enterprise legal persons include:
Enterprises owned by the whole people, collectively owned enterprises, Chinese-foreign joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises as legal persons, as well as joint ventures established between them and other enterprises or companies with legal personality.
4. An enterprise as a legal person has the following characteristics:
(1) meets the statutory requirements of an enterprise as a legal person and is established upon approval;
(two) economic organizations engaged in profit-making production and business activities;
(3) independently bear civil liability.
An enterprise owned by the whole people as a legal person shall bear civil liability with the property authorized by the state to operate and manage. Collectively owned enterprises, legal persons and companies shall bear civil liability with the property owned by the enterprises. Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-capital enterprises as legal persons shall bear civil liability with the property owned by the enterprises.
Question 3: Who is the legal representative of the company? Hello:
1. The legal representative refers to the principal responsible person (such as the factory director and the chairman of the company) who exercises civil rights and performs civil obligations on behalf of a legal person according to law. ). Article 49 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that a legal person is represented by his legal representative; Other organizations are sued by their principal responsible persons. The legal representative has the right to directly represent his unit to the people's court to sue and respond, and his litigation behavior is the litigation behavior of his unit (or legal person), which has legal effect directly on his unit (or legal person). There is a certain difference between a legal representative and a legal representative. The representative's behavior is not the principal's own behavior, but has direct legal effect on the principal, while the legal representative's behavior is the behavior of enterprises and institutions.
2. Inquire about the company's legal representative, you can check the company's business license, or visit the website of the local industrial and commercial bureau to inquire about the company's credit information, and you can see the company's legal representative.
You can continue to consult if you have any questions, and please adopt them if you are satisfied.
Question 4: Who is responsible for the registration of a company as a legal person or director? Legal person, of course. All business activities and finances of a company must go through a legal person. Supervisors only play a supervisory role and have no real power.
I don't know how to ask, thank you for your adoption!
Question 5: Who is better, the enterprise legal person or the chairman, is not a legal concept at all. .......
An enterprise as a legal person refers to the enterprise itself in law. A natural person cannot be a legal person, but only a legal representative.
The chairman is the highest position established by the company's board of directors and can only be a natural person.
Compared with the chairman, the chairman's rights are obviously higher than the legal representative, who is the top manager of the company and the legal representative is the person in charge of the company. Generally speaking, the chairman can be the legal representative at the same time, but the legal representative is not necessarily the chairman.
Basically, the chairman holds absolute shares, or he represents the majority shares (that is, the nomination of shareholders holding considerable shares), and the legal representative may be authorized by the shareholders' meeting.
Question 6: Who are the legal person and the natural person in the company? The main difference between corporate enterprises and non-corporate enterprises is that corporate enterprises can bear civil liability independently.
Question 7: Who is the state-owned enterprise legal person? Who is the representative of the company's management when the superior (usually SASAC) authorizes the industrial and commercial registration? The general manager can also be appointed separately.
Question 8: What is the difference between an enterprise legal person and the person in charge of an enterprise or company? An enterprise legal person is the person in charge of the enterprise in the legal definition. Strictly speaking, it is actually who is the enterprise legal person and who is your enterprise legal person in the business license, which is provided when you register the company. When enterprises have legal problems such as taxation, industry and commerce, they need to bear certain legal responsibilities, so they are generally docked by enterprise legal persons. The person in charge of a company or enterprise, due to the modern economic management system, an enterprise as a legal person may not necessarily hold an actual position in the actual management structure. He may only hold a financial position, or even not hold a position, with hiring or other corporate shareholders as the actual person in charge. Therefore, the legal person and the person in charge of the enterprise may or may not be the same person. The person in charge of the enterprise holds the actual positions of general manager or chairman in the daily operation of the enterprise.
Question 9: Must the chairman be a legal person? According to the company law, the legal representative can be the chairman of the board or someone else.
As for the rights of all parties, it shall be implemented in accordance with the provisions of the Company Law. Who has the greatest power is not a legal issue. Everyone's rights must be restricted by law, and there is no absolute right. The chairman of the company is the legal person of the company/although there are two names, it is actually one person. Generally speaking, the responsibilities of small companies are as follows: executive director, manager and supervisor. The executive director may concurrently serve as the manager, but the executive director and the manager may not concurrently serve as the supervisor. If there is a chairman, a board of directors consisting of at least three board members shall be established. If the legal representative does not really manage the enterprise, he still has to bear the corresponding legal consequences. There is nothing unfair about this. The legal representative should have personally managed the enterprise. If he doesn't manage the enterprise himself, he should entrust someone he trusts to manage it and supervise it accordingly. If you do nothing, shouldn't you take responsibility? The internal management system of the company is the company's own business, and the way you said it is not illegal. However, if you don't want to manage the company and be responsible, you'd better not be a nominal legal representative. A legal person is an organization that has the capacity for civil rights and civil conduct, enjoys civil rights and undertakes civil obligations independently according to law. In short, a legal person is a social organization with the qualification of civil rights subject, not limited to economic organizations! According to Article 37 of the General Principles of the Civil Law, a legal person must meet four conditions at the same time, and none of them is indispensable. (1) It is established according to law. That is, a legal person must be a social organization recognized by the state. In China, there are two main ways to establish a legal person: one is based on laws and regulations or administrative examination and approval. For example, institutions and legal persons are generally established by laws, regulations or administrative examination and approval. Second, it was established after approval and registration. Such as industrial and commercial enterprises, companies, etc. , approved by the administrative department for Industry and commerce registration, become an enterprise legal person. (2) Having the necessary property and funds. Legal persons must have independent property as the material basis for their independent participation in civil activities. Independent property means that a legal person enjoys the ownership or management right of property within a specific scope, and can control it independently according to his own will, while excluding external administrative intervention in the legal person's property. (3) Having its own name, organization and place. The name of a legal person is a sign that distinguishes it from other social organizations. The name should be able to show the object and affiliation of the legal person's activities. After the registered name, the legal person enjoys the exclusive right. The organization of a legal person is an organization that handles all the affairs of a legal person. It is called the organ of a legal person and consists of natural persons. A legal person's place refers to a fixed place for production, business operation or social activities. The main office of a legal person is located in its domicile. (4) Being able to bear civil liability independently. Refers to the legal person who bears full legal responsibility for the legal consequences of his own civil actions. Unless otherwise provided by law, members and other organizations of a legal person shall not be liable for the debts of the legal person, and similarly, a legal person shall not be liable for debts other than its own. According to the General Principles of Civil Law, there are four kinds of legal persons in China: public institutions, public institutions, enterprises and companies. Judging whether an enterprise is a legal person depends on its business license. If it is a business license of an enterprise legal person, it is an enterprise legal person. If there is no legal person in the business license, it is definitely not an enterprise legal person.
Question 10: Who is the state-owned enterprise as a legal person? Generally speaking, it belongs to a certain group, or SASAC or something.