(1) The legal representative of an enterprise bears different legal responsibilities and has different types on different occasions. For example, in the case of representing an enterprise, its personal signature will lead to the consequences of the enterprise taking responsibility; If the enterprise goes bankrupt and assumes personal responsibility, the legal representative will be subject to many restrictions in running the enterprise in the future; If an enterprise violates the relevant laws and regulations, it may restrict the person of the legal representative. If it refuses to execute the court judgment, the legal representative will be detained; If a legal person commits a crime, the legal representative will be subject to criminal punishment, and so on. The above is just a list, not complete. (2) If a legal person is established without defects (such as defects in capital contribution), the liability for losses shall be borne by the legal person, who is neither a shareholder nor a legal representative. Of course, if it is a state-owned enterprise, unless the legal representative has dereliction of duty, the severity reaches the level of criminal law investigation or administrative sanctions should be given; (3) As long as a sole proprietorship legal person can distinguish between legal person's property and personal property, it does not need the legal representative to bear civil liability. When a legal person is in the form of a limited company, the company shall bear all its property, and the individual shareholders shall not be responsible, except for the defects in capital contribution when it is established. (4) The responsibilities and obligations of the legal representative and the limited liability company in case of contradictions and disputes. The legal representative of a company is the legal representative of an enterprise as a legal person. After engaging in civil activities on behalf of a legal person and becoming a legal representative, his natural personality will be absorbed by the legal person, and all the responsibilities he bears as a legal representative in civil acts will be borne by the legal person. However, the responsibility for exercising civil acts unrelated to the identity of the legal representative shall be borne by me. If the legal representative is at fault in exercising his right of representation in violation of laws and regulations, he shall bear corresponding responsibilities. Article 62 of the Civil Code Legal Representative's Duty Tort Liability If the legal representative causes damage to others while performing his duties, the legal person shall bear civil liability. After a legal person bears civil liability, it may claim compensation from the legal representative at fault in accordance with the law or the articles of association of the legal person. If an enterprise as a legal person is under any of the following circumstances, in addition to investigating the legal person's responsibility, it may impose administrative sanctions and fines on its legal representative. If the case constitutes a crime, it shall be investigated for criminal responsibility according to law: (1) engaging in illegal business beyond the business scope approved and registered by the registration authority; (2) Concealing the real situation from the registration authority or the tax authority or practicing fraud; (3) Evading funds or hiding property to avoid debts; (4) Disposing of property without authorization after dissolution, cancellation or bankruptcy; (5) Failing to apply for registration and announcement in time at the time of alteration or termination, thus causing great losses to the interested parties; (six) to engage in other activities prohibited by law, which harm the national interests or social public interests. Article 13 of China's Company Law stipulates that the legal representative of the company shall serve as 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. Directors and the board of directors are produced by the shareholders' meeting, and the chairman is produced by the articles of association of the company (the articles of association are also produced by the shareholders' meeting). The shareholders' meeting can completely elect people who have no shares in the company to the board of directors or even serve as the chairman manager and determine the identity of their legal representative for various reasons (of course, this situation is rare), so the chairman or legal representative can have no shares in the company. Legally speaking, because there is no law that the chairman and legal representative of the company must enjoy the shares of the company, the important principle of civil law is that "if there is no explicit prohibition in the law, it is regarded as consent". Legally speaking, because the company is established by all shareholders, all the actions of the company are ultimately borne by shareholders (in short, earning is also shareholders' compensation), so it can be established as long as it is passed by the shareholders' meeting and does not violate the prohibitive provisions of the law. For example, a person is a legal representative. However, if he transfers all his shares to others and the shareholders continue to let him be the legal representative, he will still be qualified as the legal representative after transferring all his shares to others. Legal representative and legal representative are two different legal concepts. There is only one legal representative of an enterprise. As long as the legal person authorizes, many people can become legal representatives. You should mean the legal representative, not necessarily the shares. Unless the board of directors decides to revoke its legal representative qualification, it still enjoys the rights of legal representative.
Legal objectivity:
Company Law of the People's Republic of China
Article 16
Where a company invests in other enterprises or provides guarantees for others, it shall be decided by the board of directors or the shareholders' meeting in accordance with the articles of association;
Where the articles of association stipulate limits on the total amount of investment or guarantee and the amount of individual investment or guarantee, it shall not exceed the prescribed limits. Where a company provides a guarantee for the company's shareholders or actual controllers, it must be resolved by the shareholders' meeting or the shareholders' meeting. Shareholders specified in the preceding paragraph or shareholders controlled by actual controllers specified in the preceding paragraph shall not participate in voting on matters specified in the preceding paragraph. The voting shall be passed by more than half of the voting rights held by other shareholders present at the meeting.