The legal representative means more responsibilities, because the legal representative exercises civil rights on behalf of non-governmental organizations. Is a kind of person who is entitled by our law. So the legal representative must exercise his rights under the legal system of our country. So what does the legal representative mean? I will bring the relevant content below.
1. What does the legal representative mean?
The legal representative refers to the person in charge who exercises functions and powers on behalf of the legal person in accordance with the law or the articles of association of the legal person. China's laws implement a single legal representative system, and it is generally believed that the chief executive of a legal person is its only legal representative. If the company is the chairman, executive director or manager (article 13 of the Company Law), the legal representative of the stock exchange is the general manager (article 107 of the Securities Law). The legal representative of an industrial enterprise owned by the whole people shall be the director or manager.
Article 13 of the Company Law The legal representative of a company shall be the chairman, executive director or manager in accordance with the articles of association, and shall be registered according to law. Where the legal representative of the company changes, it shall go through the registration of change.
The internal relationship between the legal representative and the company legal person is often a labor contract relationship, so the legal representative belongs to the category of employees. However, in terms of foreign relations, when a legal representative conducts civil activities in the name of a legal person, the relationship between him and the legal person is not an agency relationship, but a representative relationship, and his representative authority comes from the explicit authorization of the law, so he does not need a power of attorney from the legal person. Therefore, the legal representative's external duty behavior is a legal person's behavior, and the consequences shall be borne by the legal person. In addition, a legal person may not oppose a bona fide third party by limiting the internal authority of the legal representative.
Second, the rights of the legal representative
The legal representative of an enterprise shall exercise its functions and powers and perform its obligations within the scope of functions and powers stipulated in the laws, regulations and articles of association of the enterprise, participate in civil activities on behalf of the enterprise as a legal person, be fully responsible for the production, operation and management of the enterprise, and accept the supervision of all members of the enterprise and relevant authorities.
The legal representative of an enterprise may entrust others to perform their duties.
When the legal representative of an enterprise entrusts others to perform their duties, he shall entrust them in writing. The duties that must be performed by the legal representative according to laws and regulations shall not be entrusted to others.
The legal representative of an enterprise as a legal person is the signatory who exercises power on behalf of the enterprise.
The signature of the legal representative shall be filed with the registration authority. The document signed by the legal representative is a legal document representing an enterprise as a legal person.
Three. Duties of the legal representative
Legal Representative The legal representative of an enterprise shall, within the scope of functions and powers stipulated by national laws, regulations and articles of association, exercise functions and powers, perform obligations and participate in civil activities on behalf of an enterprise as a legal person.
The legal representative of the company may entrust others to perform their duties on his behalf.
When the legal representative of the company entrusts others to act as an agent, he shall entrust it in writing. The duties that must be performed by the legal representative according to laws and regulations shall not be entrusted to others.
The legal representative of an enterprise as a legal person is the signatory who exercises power on behalf of the enterprise.
As can be seen from the above, there are legal representatives in all fields. If the law gives them rights, they can exercise them. Because the legal representative means that it is necessary to exercise civil rights instead of some people and should bear more important responsibilities. Therefore, if you want to be elected as a legal representative, I suggest you know this knowledge in advance.