1. Is there any age limit for a company as a legal person?
There is no upper limit on the age of a legal person when starting a company.
According to the regulations, the legal representative of the company should be a natural person with full capacity for civil conduct. That is, adults are generally over 18 years old, and there is no necessary connection between civil capacity and the upper age limit. No matter how old you are, as long as you can correctly express your will and fully identify your behavior, you belong to a person with full capacity for civil conduct and can serve as the legal representative of the company.
Note: Civil Code (implemented from 20211).
Article 17. /kloc-Natural persons over 0/8 years old are adults. A natural person under the age of eighteen is a minor.
Article 18? Adults are people with full capacity for civil conduct and can independently carry out civil legal acts.
/kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.
According to the Supreme People's Court's explanation, a natural person who has reached the age of 16 and is under the age of 18 can be regarded as a person with full capacity for civil conduct whose main source of livelihood is his own labor income and who can maintain the general living standard of local people.
That is, if you can use your own labor income for civil activities, 16 years old or above can also be the legal representative of the company.
Second, the civil liability of the company as a legal person
Civil liability refers to the civil legal consequences that the legal representative of a public institution should bear in violation of contractual obligations or statutory civil obligations. Under normal circumstances, the legal representative's duty behavior is the behavior of an enterprise as a legal person, so the resulting civil liability is borne by the enterprise/company, and the legal representative generally does not directly bear civil liability to a third party, so under normal circumstances, the legal representative only bears civil liability to the enterprise/company. The civil liability of the legal representative can be divided into the following categories:
1. The legal representative fails to perform the obligations of prudence, diligence, loyalty and confidentiality, but assumes the contractual responsibility for the enterprise/company. That is, the enterprise/company to which it belongs may require it to undertake the obligation of breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Legal basis: Article 577 of the General Principles of the Civil Law stipulates: "If a party fails to perform its contractual obligations or fails to meet the contract obligations, it shall bear the liabilities for 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. The representative overstepped his authority and entered into a contract with a third party in the name of the unit without authorization, and the third party did not know or could not know that he overstepped his authority and met the agency by estoppel stipulated in the Civil Code. At this time, the contract signed by the legal representative is valid, but if losses are caused to the enterprise/company, the legal representative shall bear civil liability for compensation to the enterprise/company.
A contract concluded by the legal representative or person in charge of a legal person or other organization beyond its authority is valid, unless the other party knows or should know that it has exceeded its authority. "
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.
Legal basis: Article 20 of the Company Law stipulates: "Shareholders of a company who abuse their rights and cause losses to the company or other shareholders shall be liable for compensation according to law. If the shareholders of the company abuse the independent status of the company as a legal person and the shareholders' limited liability to evade debts and seriously damage the interests of the company's creditors, they shall be jointly and severally liable for the company's debts. "
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.
Legal basis: Article 64 of the Company Law stipulates: "If the shareholders of a one-person limited liability company cannot prove that the company's property is independent of their own property, they shall be jointly and severally liable for the company's debts."
As long as you are at least 18 years old, you can be a company legal person. As long as you can exercise your civil rights normally, there is no age limit. As the representative of the company's civil behavior, the company legal person should bear more civil liabilities in practice.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 17 of the Civil Code.
/kloc-Natural persons over 0/8 years old are adults. A natural person under the age of eighteen is a minor.
Article 18
Adults are people with full capacity for civil conduct and can independently carry out civil legal acts. /kloc-Minors over 0/6 years old whose main source of livelihood is their own labor income are regarded as persons with full capacity for civil conduct.