The legal representative is a person who holds a certain position or is appointed by the legal representative to exercise civil rights and obligations on behalf of the legal person according to the internal articles of association of the legal person. Its behavior is regarded as that of a legal person, and all legal rights and obligations arising from its behavior are enjoyed and undertaken by the legal person it represents.
It is not specified who will be the legal representative. Generally speaking, as long as there is a resolution on who will be the legal representative in the shareholder agreement submitted at the time of company registration or it can be stated in the company's articles of association.
Furthermore, the legal representative can also be changed at will.
The legal representative, whose main duty is to fulfill the company's obligations. Most of the cases are only nominal. Of course, if the company touches on civil and criminal legal issues, the legal representative should bear the responsibility, which means that the legal representative should bear certain risks.
Generally, only the shareholders' meeting can set up a board of directors, and the chairman can be elected from the board of directors. Usually, the largest shareholder is the chairman.
In another case, the shareholder is not a natural person, but a legal person (enterprise shares), so the chairman is appointed by the legal person.
The legal representative refers to the principal responsible person (such as the 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.
The legal representative of an enterprise should bear different legal responsibilities on different occasions, and there are many types.