Legal liability of legal person and actual controller

Legal analysis: the legal responsibility of the actual controller: the controlling shareholder holding more than 50% of the shares of the listed company; Can actually control more than 30% of the voting rights of listed companies; By actually controlling the voting rights of the shares of a listed company, more than half of the members of the board of directors of the company can be elected; By actually controlling the voting rights of listed companies, it is enough to have a significant impact on the resolutions of the company's shareholders' meeting; Other circumstances identified by China Securities Regulatory Commission. The actual controller refers to the person who can actually control the company's behavior through investment relations, agreements or other arrangements, although he is not a shareholder of the company. In short, the actual controller is the natural person, legal person or other organization that actually controls the listed company. Duties of legal representative: Legal representative The legal representative of an enterprise shall exercise power and perform obligations within the scope of functions and powers stipulated by national laws, regulations and articles of association, 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. 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.

Legal basis: Article 20 of People's Republic of China (PRC) Company Law, shareholders of a company shall abide by laws, administrative regulations and articles of association, exercise their rights according to law, and shall not abuse their rights to harm the interests of the company or other shareholders; The company's independent legal person status and the limited liability of shareholders shall not be abused to harm the interests of the company's creditors. Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. Shareholders of a company who abuse the independent status of a company as a legal person and the limited liability of shareholders to evade debts and seriously damage the interests of creditors of the company shall be jointly and severally liable for the debts of the company.

Article 13 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.