What rights does a joint-stock company have as a legal person?

Company is a kind of enterprise legal person, including limited liability company and joint stock limited company. A joint stock limited company is also an enterprise legal person, but it is not a limited liability company. In a larger scope, legal persons can be divided into enterprise legal persons, organ legal persons, institutions legal persons, social organizations legal persons and foundations legal persons 1. An enterprise as a legal person refers to a social and economic organization that meets the legal requirements such as the amount of funds, enterprise name, articles of association, organization and domicile stipulated by the state law, can independently bear civil liabilities, and has been approved and registered by the competent authority to obtain legal person status. Enterprise legal persons in China include enterprises owned by the whole people, collectively owned enterprises, domestic limited liability companies, joint-stock companies, Sino-foreign joint ventures, Sino-foreign cooperative enterprises and foreign-funded enterprises established in People's Republic of China (PRC). An enterprise as a legal person has the following characteristics: (1) It meets the statutory requirements of an enterprise as a legal person and is established upon approval and registration; (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. 2. 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 subject of civil rights. As the main body of civil legal relationship, legal person is symmetrical with natural person and has different characteristics: First, legal person is the legal personification of social organization, and it is a "person" in the legal sense, not a real life, which produces and dies according to law. A natural person is a person born and living on the basis of natural law, and a natural person with the nationality of a country is called a citizen of that country. The birth, illness, death and illness of natural persons are all carried out in accordance with natural laws and have natural attributes, while legal persons do not have such attributes. Second, although both legal persons and natural persons are civil subjects, legal persons are collective civil subjects, that is, legal persons are a collection of some natural persons. For example, the company law of most countries (including China) stipulates that a company as a legal person must be composed of more than two shareholders. In contrast, natural persons regard individuals themselves as civil subjects. Third, the legal person's capacity for civil rights and civil conduct is also different from that of natural persons. 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. An enterprise as a legal person refers to an enterprise that has obtained a business license as a legal person and is qualified as a legal person. Include: 1. Corporate enterprises (that is, limited liability companies and joint-stock companies) II. Non-corporate enterprises (problems left over from history, mostly state-owned enterprises and collective enterprises that have not yet been transformed). Compared with non-corporate enterprises (such as sole proprietorship, partnership, company branches, etc.). ), a legal person enterprise can independently enjoy legal rights and undertake legal obligations in its own name. In other words, legal rights directly belong to the enterprise, not the enterprise owner or investor. Similarly, legal obligations are directly borne by enterprises, not enterprise owners or investors. A simple example can help you better understand the concept of corporate enterprise: if a corporate enterprise involves legal proceedings, the enterprise is the litigant, that is, the plaintiff and the defendant, while an unincorporated enterprise does not involve legal proceedings, but the owner or investor of the enterprise is the litigant. According to the law, the legal representative of a corporate enterprise (such as the chairman) represents the enterprise abroad and enjoys or bears the legal consequences caused by his duties and actions. A type of enterprise legal person refers to an enterprise that has obtained the qualification as a subject of civil rights in accordance with the conditions and procedures prescribed by law. Legal person is the symmetry of natural person, which means that there are independent organizations and independent property. A social organization that can participate in civil activities in its own name, enjoy rights, undertake obligations and be established according to law. There are two kinds of legal persons in China: one is an enterprise legal person, and the other is an organ, institution and social organization legal person. To establish an enterprise as a legal person, the following conditions must be met: (1) There is a capital amount that meets the requirements of the state. (2) Having articles of association, organizational structure and activity place. (3) Be able to bear civil liability independently. (4) Approved and registered by the competent authority. Industrial and commercial enterprises that have not been approved and registered are not allowed to build or start business, and are not allowed to engage in civil activities. The above four aspects, including having the necessary property and being able to bear civil and economic responsibilities independently, are the most basic characteristics of an enterprise as a legal person. After the establishment of an enterprise as a legal person, it must engage in business operations within the approved and registered business scope, and may base itself on one industry and run other industries concurrently. An enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members within the scope of authorization or entrustment. Where an enterprise as a legal person is divided, merged or changed in other major matters in the process of production and operation, it shall register with the registration authority and make an announcement. After the division and merger of an enterprise as a legal person, its rights and obligations shall be enjoyed and assumed by the changed legal person. The qualification of an enterprise as a legal person shall be extinguished according to law under the following circumstances: (1) It shall be revoked according to law. (2) dissolution. (3) Declaring bankruptcy according to law. (4) Other special reasons. Note: An unincorporated branch of an enterprise refers to a branch of an enterprise registered in accordance with the Regulations on the Administration of Registration of Enterprise Legal Persons, which cannot bear civil liability independently.