Legal person and representative chairman are not the same concept, that is, a legal person is an organization, not an individual, a company is an enterprise legal person, and its legal representative can be an individual. The legal representative of a company may be the chairman, but not necessarily a representative, and may also be the executive director or manager of the company.
The difference between a chairman and a company as a legal person is that the legal representative of a company is the chairman, executive director or manager registered according to the articles of association, but the chairman may or may not be the legal representative. As for the rights of all parties, it shall be implemented in accordance with the provisions of the Company Law. Who has the greatest power is not a legal issue. Everyone's rights must be restricted by law, and there is no absolute right.
The positions of small companies are: executive director, manager and supervisor. The executive director may concurrently serve as the manager, but the executive director and the manager may not concurrently serve as the supervisor. If there is a chairman, a board of directors consisting of at least 3 members shall be established. The legal representative does not really manage the enterprise, and if there are corresponding legal consequences, he still has to bear corresponding responsibilities.
Legal basis: Article 13 of the Company Law of People's Republic of China (PRC), the legal representative of the company shall be the chairman, executive director or manager as stipulated in 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.
People's Republic of China (PRC) Civil Code
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.
Article 58 A legal person shall be established according to law.
A legal person shall have its own name, organization, domicile, property or funds. The specific conditions and procedures for the establishment of a legal person shall be in accordance with the provisions of laws and administrative regulations.
The establishment of a legal person shall be approved by the relevant authorities in accordance with the provisions of laws and administrative regulations.