2. Non-independent legal person: without registered capital, the responsible person system is implemented. The parent company is responsible for all the creditor's rights and debts of the subsidiary, and the subsidiary cannot qualify.
An enterprise as a legal person refers to a social economic organization that meets the legal conditions such as the amount of funds, enterprise name, articles of association, organization and residence. According to the national laws, it can independently bear civil liability, and it has been approved and registered by the competent authority (industrial and commercial department) to obtain legal person status. According to the Regulations on the Administration of the Registration of Enterprise Legal Persons, the Company Law and other relevant laws and regulations, after being registered by the administrative department for industry and commerce, the legal procedures for obtaining legal person status are completed. When carrying out activities, it is necessary to hold the Business License of Enterprise as a Legal Person issued by the administrative department for industry and commerce as a legal certificate of legal person qualification.
Independent legal person is put forward relative to the concept of "natural person" in civil law and is the subject of legal creation. Comparatively speaking, it is difficult for China's public institutions as legal persons to be equated with any foreign legal persons. If analyzed from the purpose, subject and scope of activities of legal persons, legal persons of public institutions are similar to foreign public legal persons or public welfare organizations. 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. The legal person's capacity for civil rights and civil conduct arises when the legal person is established and disappears when the legal person is terminated. A legal person shall be dissolved in any of the following circumstances:
1. The time limit stipulated in the articles of association of the legal person expires or other reasons for dissolution stipulated in the articles of association of the legal person appear;
2. The corporate body decides to dissolve;
3. It needs to be dissolved due to the merger or division of legal persons;
4. The legal person has its business license and registration certificate revoked according to law, and is ordered to close down or be revoked;
5. Other circumstances stipulated by law.
Legal basis: Civil Code of People's Republic of China (PRC).
Article 61 In accordance with the law or the articles of association of a legal person, the person in charge of civil activities on behalf of the legal person is the legal representative of the legal person.
The legal consequences of the legal representative's civil activities in the name of a legal person shall be borne by the legal person.
The restriction of the legal representative's representation by the articles of association or the functions and powers of the legal person shall not be against the bona fide counterpart. Article 57 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.