What are the legal person requirements of fund companies?

A legal person is an organization, a company or an enterprise, and it is easy to confuse a legal person with a legal representative. So what are the requirements of fund companies as legal persons? As for a company as a legal person, it should have independent legal person qualification, civil capacity and be able to bear certain external responsibilities. First, the legal person of the fund company requires that the legal person be different from the natural person. A natural person is characterized by a person with signs of life, and each of us belongs to a natural person. Legal person is the legal personification of social organization. A legal person has civil rights and capacity for civil conduct. While enjoying civil rights, we must also bear corresponding legal responsibilities. As the external representative of the enterprise, the importance of legal person in the enterprise is self-evident. So, what are the requirements and responsibilities for private equity firms? The senior managers of private fund managers should meet the following requirements: all kinds of private fund managers engaged in private investment fund business and their senior managers (including legal representative, managing partner (appointed representative), general manager, deputy general manager, compliance risk controller, etc. ) should obtain the qualification of fund practice. All kinds of private fund managers engaged in the non-private securities investment fund business shall have at least two senior executives who shall obtain the qualification of fund practice, and their legal representatives, managing partners (designated representatives) and compliance risk controllers shall obtain the qualification of fund practice. The person in charge of compliance risk control of various private equity fund managers shall not engage in investment business. The senior managers of private fund managers can obtain the qualification of fund practice if they meet one of the following conditions: 1. Pass the qualification examination for fund practice. 2. Engaged in investment management related business in the last three years and met relevant qualification requirements. This situation mainly refers to the business related to asset management in the last three years, and the average annual asset management scale is more than 6,543,800 yuan. 3, has passed the securities qualification examination, futures qualification examination, banking qualification examination and meet the relevant qualifications; Or pass the CPA qualification examination, legal professional qualification examination, asset appraiser professional qualification examination and other financial related qualification examinations and meet the relevant qualification conditions. The legal representative is the main person in charge of exercising functions and powers on behalf of the legal person and realizing the legal person's capacity for civil conduct. Once the behavior of a legal person has civil consequences, he/she is likely to bear civil liability for compensation to this enterprise/company, as specified below: 1. The legal representative failed to fulfill the obligations of prudence, diligence, loyalty and confidentiality, but assumed the contractual responsibility for the enterprise/company. At this time, the enterprise/company may require it to undertake the obligation of breach of contract, such as continuing to perform, taking remedial measures or compensating for losses. 2. The civil liability of the legal representative in the agency for the enterprise/company is shown. That is to say, if the representative oversteps his authority and enters into a contract with a third party in the name of the company without authorization, and the third party does not know or cannot know that he oversteps his authority, the contract signed abroad is valid. However, if losses are caused to the enterprise/company, the legal representative shall bear civil liability for compensation to the enterprise/company. 3. If the legal representative colludes with a third party and damages the interests of the enterprise/company, he shall be jointly and severally liable for civil tort compensation with the third party. 4. If the legal representative, as a shareholder of the enterprise/company, abuses the independent status of the company as a legal person and the limited liability of shareholders, evades debts and damages the interests of creditors, he shall be jointly and severally liable for the debts of the company. 5. If the legal representative of a one-person company, as a shareholder of the company, cannot prove that the company's property is independent of his own property, he shall be jointly and severally liable for the company's debts. As the external representative of the enterprise, legal person is very important to the company. Although the legal provisions stipulate that a company can become a legal person only if it has the qualification of private equity fund, according to the latest regulations, in addition to qualifications, it also needs experience. For more information about the requirements and responsibilities of a fund company as a legal person, please consult a lawyer. What are the legal person requirements of fund companies? The corporate legal person is the external representative of the enterprise. The law stipulates that you can become a corporate legal person with the qualification of private equity fund, but the latest interpretation stipulates that in addition to these, you must have physical experience, because it involves some financial interests, so it must be strict.