1, established according to law; Having the necessary property or funds;
2. Having its own name, organization and place;
3. Be able to bear civil liability independently. 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;
4. A legal person shall bear civil liability independently with all its property.
The process of registering a company as a legal person:
1, approved name;
2. Submit materials to confirm address information, senior management information and business scope;
3. Obtain a business license;
4. carving.
The business license processing process is as follows:
1, name approval, determine the name of your own company, which is generally composed of administrative region, font size, industry and organization form. Then submit an application for name verification to the industrial and commercial department on-site or online. The transit time is generally 1-3 working days;
2. Submission of materials. After the name is approved, confirm the address information, business scope, senior management information and business scope, fill in the form and submit the pre-application online. After the examination and approval, the application materials shall be submitted according to the scheduled time, and the industrial and commercial department shall register and accept the establishment;
3. To obtain a license, carry the Notice of Approval of Establishment Registration and the original ID card of the agent, and go to the industrial and commercial department to obtain the original and duplicate of the business license. Self-employed business licenses generally need to be obtained within three working days, and more efficient units can get them on the same day.
To sum up, an enterprise as a legal person refers to an economic organization with independent property stipulated by the state, a sound organization, articles of association and a fixed place, which can independently bear civil liabilities, enjoy civil rights and assume civil obligations. The advantage of establishing enterprise legal person system is that enterprises with legal person conditions can obtain independent civil subject qualification and truly become self-operated and self-financing commodity producers and operators.
Legal basis:
Article 6 of People's Republic of China (PRC) Company Law
To establish a company, it shall apply to the company registration authority for registration of establishment according to law. Those that meet the conditions for establishment as stipulated in this Law shall be registered as limited liability companies or joint stock limited companies respectively by the company registration authority; Those who do not meet the conditions for establishment as stipulated in this Law shall not be registered as a limited liability company or a joint stock limited company.
Where laws and administrative regulations stipulate that the establishment of a company must be approved, the approval procedures shall be handled according to law before the company is registered.
The public may apply to the company registration authority to inquire about the registered items of the company, and the company registration authority shall provide inquiry services.
Article 7 A company established according to law shall be issued a business license by the company registration authority. The date of issuance of the business license of the company is the date of establishment of the company. The company's business license shall specify the company's name, domicile, registered capital, business scope, name of legal representative and other matters. Where the matters recorded in the company's business license change, the company shall register the change according to law, and the company registration authority shall issue a new business license.