The legal representative of an enterprise refers to the person in charge who exercises civil rights and performs civil obligations on behalf of an enterprise as a legal person according to law. ?
The General Principles of the Civil Law stipulates that enterprises owned by the whole people and collectively owned enterprises have the amount of funds in line with the provisions of the state, articles of association, organizations and places, can independently bear civil liabilities, and have been approved and registered by the competent authorities to obtain legal person status.
Chinese-foreign equity joint ventures, Chinese-foreign contractual joint ventures and foreign-funded enterprises established in People's Republic of China (PRC) have legal personality, and have been approved and registered by the administrative department for industry and commerce according to law, and obtained the legal personality of China.
The Law on Industrial Enterprises Owned by the Whole People stipulates that the factory director (manager) of the enterprise is the legal representative of the enterprise.
The Company Law stipulates that the chairman of the company is the legal representative of the company.
According to the laws of our country, an enterprise as a legal person shall bear civil liability for the business activities of its legal representative and other staff members, and the legal representative of the enterprise shall conduct litigation activities on behalf of the enterprise as a legal person.
Extended data:
A company as a legal person is an organizational form of an enterprise.
For-profit corporation.
Also known as commercial company in capitalist countries, it is a profit-making enterprise organization established in accordance with commercial law or related laws, including unlimited companies, limited companies, joint-stock companies and joint-stock companies.
The corporate legal person in Anglo-American law is different from the corporate legal person in continental law, which includes both for-profit and non-profit, and only refers to limited liability companies.
At present, there are various forms of companies in China, which are generally divided into fund-raising and non-fund-raising types.
Fund-raising companies, similar to those in western countries, are established by shareholders and are an important form of joint venture. Non-fund-raising companies are single enterprises, such as Anshan Iron and Steel Company.
The characteristics of corporate legal person in China are: it is established by investors or shareholders through legal acts;
For the purpose of making profits;
The founders are not limited, but can be units authorized by state-owned property to invest or operate, other types of legal persons and individuals;
Its normative basis, especially the company law.
References:
Baidu encyclopedia-company legal person