Legal person shares refer to the shares formed by an enterprise as a legal person or a public institution or social organization with legal person qualifications, which are invested in unlisted circulating shares of a joint stock limited company with its legally disposable assets. If the legal person is a state-owned enterprise, institution or other unit, then the legal person shares are state-owned legal person shares; If the assets of a non-state-owned legal person are invested in a listed company, the shares are social legal person shares.
According to different investors, there are four forms of legal person shares: state shares, legal person shares, individual shares and foreign capital shares.
In the ownership structure of listed companies in China, legal person shares account for about 20% on average. According to the subscribers of legal person shares, legal person shares can be further divided into three parts: domestic legal person shares, overseas legal person shares and legal person shares. C shares mentioned in the daily stock market are legal person shares transferred by agreement.
Two, a company can only have one legal representative.
company law
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.
The legal representative generally refers to a person who holds a certain position according to the internal articles of association of a legal person or is appointed by the legal representative to exercise civil rights and obligations on behalf of a legal person. It is not an independent legal concept. The legal representative is produced according to the authorization of the legal representative. Without the authorization of the legal representative, the legal representative cannot be produced. As the subject of civil rights, a legal person may have multiple legal agents. The legal representative's external exercise of power is restricted by the authorization of the legal representative. He can only carry out activities on behalf of the legal person within the scope of duties authorized by the legal representative. His behavior is not the behavior of the legal person itself, but has direct legal effect on the legal person.
Third, legal person.
Article 57 of the General Principles of the Civil Law stipulates that a legal person is an organization with civil rights and capacity for civil conduct, which independently enjoys civil rights and undertakes civil obligations according to law. The legal person system is an important legal system for countries all over the world to adjust the economic order and the whole social order. Legal person systems in different countries have the same characteristics, but their contents are different. Different legal persons have formed different legal person theories, and the theory of legal person system has become the theoretical basis for countries all over the world to establish and improve the legal person system, standardize the economic order and the whole social order.
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. This kind of organization can be a combination of people or a property organized for a special purpose. Fundamentally speaking, legal persons, like other organizations, are the means for natural persons to achieve specific goals. They are the product of legal technology, and their existence fundamentally lightens the burden of natural persons in social communication. The recognition of legal person as civil subject by law is intended to provide effective legal tools for natural persons to fully realize themselves.
Four. legal representative
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 48 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that legal persons shall be litigated by their legal representatives; 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.
In general, a legal person is a person with civil rights capacity, with civil rights capacity and the ability to undertake civil obligations, thus becoming a legal person. Secondly, it should be noted that according to relevant regulations, general legal persons can only be held by the chairman and sensible or experienced executives. If you want to change, you need to register.
Extended reading:
Is the enterprise group a legal person?
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Is it necessary for a legal person to go to jail when the company goes bankrupt?